Constitution of India, 1950, Article 136 -- Enhancement of sentence - Scope of interference - Counsel for CBI not assailed inadequacy of sentence - Appellants have already faced prolonged trial for over 16 years - They having no criminal antecedents - They already deposited compensation amount awarded to victims - Held, enhancement of sentence not warranted...........
Hindu Marriage Act, 1955, Section 25 -- Quantum of maintenance - Marriage between parties has already been dissolved - It would be more convenient and beneficial for wife to take one time permanent alimony rather to bank upon monthly maintenance - Enhancement of permanent alimony in lieu of monthly allowance of Rs.4,000 p.m would be in the interest of parties - Permanent..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Enhancement - Validity - Income tax returns reveal that wife has monthly income ranging between Rs.11,000/- to Rs.13,000/- P.M. - However, income certificate of husband issued by employer showing monthly salary of Rs.3,000/- - Held, enhancing monthly maintenance of wife from Rs.400/- to Rs.3,500/- not..........
Delhi Rent Control Act,1958 -- Ejectment - Lease agreement - Tenant had taken disputed premises as far back as in February, 1981 at the then rent of Rs.2,091/- per month for a period of three years with right of renewal of lease for a further period of three years on enhancement of rent by 15% over last paid rent - Tenant continued in occupation of premises for 32 years..........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Enhancement of maintenance - Desertion by husband - Husband employed in BSNL and drawing fairly good amount as salary whereas wife has no income whatsoever - Husband is under obligation to maintain her - By any standard, Rs.1,500/- p.m. is insufficient for an individual to lead life with basic necessities -..........
Hindu Marriage Act, 1955, Section 25 -- Maintenance - Enhancement - Husband had significant assets and he suppressed evidence and information of his true income - In assessing financial ability, one must have regard not only to disclosed sources of income but also to the true state of affairs as revealed by cross-examination - Husband held number of bank accounts and..........
Motor Vehicles Act, 1988, Section 163A(1), Workmen's Compensation Act, 1923, Section 2(g), 4(1)(c)(ii) -- "Permanent disability" - Appellant, 12th standard student, failed to adduce any evidence to prove his income - Notional income of Rs.15,000/- p.a. fixed by Parliament in year 1994 - In present case, accident occurred on 21.01.2004 - Held, commensurate with passage of..........
Criminal Procedure Code, 1973, Section 125, 127 -- Enhancement of maintenance - Maintenance of Rs.1,000/- allowed in the year 2003 when salary of husband was Rs.13,289/- - Salary of husband in the year 2007 increased to Rs.17,395/- - Enhancement of maintenance from Rs.1,000/- to Rs.2,000/- p.m. upheld...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - After deductions real income of husband was in the range of Rs.40,000/- to Rs.45,000/- - No interference to the findings of Family Court with regard to payment of additional sum of Rs.10,000/- is called for - Husband is at liberty to rent out the property and rent received to be apportioned equally by the..........
Hindu Marriage Act, 1955, Section 25, Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Permanent alimony to wife and child - Income of husband more than Rs,10,000/- p.m - Husband himself offered Rs.7,000/- p.m to his daughter as permanent alimony - Court directed to pay this amount till her marriage - Wife entitled to Rs.3000/- p.m with liberty to approach Family..........
