Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Son contended that his mother is rearing cattle and is getting sufficient income from it to support her - Contention rejected as it is quite unfortunate and inappropriate for an affluent son to tell his aged mother that she should go to cattle rearing to..........
Guardians and Wards Act, 1890, Section 12 -- Interim custody - Claimed by father - Father of minor child is a man of considerable means and has familial support - Mother a Russian resident does not appear to have any permanent employment or means to support a lifestyle - She is acutely desirous of leaving the country - Though ordinarily a child below the age of 5 years..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amount of Rs.3 lakhs was given to accused for securing a job for complainant - Such payment for securing Government employment would be considered a bribe and is opposed to public policy rendering it void ab initio from very beginning - Since cheque was issued to repay said amount, there is no legally..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Revocation - Senior citizen/respondent who is a childless widow executed registered Gift Deed in favour of petitioner who is daughter of her husband's younger brother - She executed Gift Deed out of love and affection and she was not expecting any benefit from petitioner - An express..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Obligation of husband is not contingent on wife's employment status, but on whether she has sufficient independent income to maintain herself and child in a manner commensurate with their status...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Fake driving licence - Owner of a vehicle employing a driver can only look at licence produced by person seeking employment and is not expected to verify from licence issuing authority whether licence is fake or not...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Fake driving licence - Insurance company failed to bring out the absence of due diligence in employment of driver or entrustment of vehicle, to prove breach by insured - High Court had erred in finding that there was collusion between employer and employee merely for..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Victim/injured not being engaged in a regular employment still is entitled to 25% for future prospects especially since his functional disability was 100% totally disabled from carrying on any work or generate any income...........
Service -- Recruitment - Migration of reserved category candidate to general category seat - Whether permissible - Reserved candidate who has availed relaxation in fees/upper age limit to participate in open competition with general candidates may be recruited against unreserved seats if there is no embargo in recruitment rules/employment notification, such reserved..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Future prospects - Deceased was 43 years of age at the time of accident and not in a regular employment - 25% future prospects adopted by High Court is perfectly in order as per decision in Pranay Sethi...........
