Legal Services Authorities Act, 1987, Section 21, 22E -- Award of Lok Adalat - Validity - If the validity of award is to be examined at all, it is to be tested in writ proceedings before High Court and not by expanding scope of execution or by encouraging independent civil suits...........
Legal Services Authorities Act, 1987, Section 21, 22E -- Award of Lok Adalat - Challenge as to - Award may be executed as a decree, but its validity cannot be reopened through an ordinary civil suit or by treating some other civil proceeding as a vehicle for setting it aside - Only recognized avenue of challenge is the constitutional jurisdiction of High Court, which is..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101, Legal Services Authorities Act, 1987, Section 21, 22E -- Execution - Award of Lok Adalat - Executing Court can address questions which arise incidentally in the course of working out execution, such as whether and to what extent decree can be enforced against a particular person in possession and in what manner -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Wife and child have no independent source of income for their survival and at the relevant time child was studying in LKG - Net income of husband is Rs.19,574 - Family Court rightly granting Rs.6,000 to wife and Rs.3,500 to minor daughter as monthly maintenance...........
Criminal Procedure Code, 1973, Section 340 -- Proceedings u/s 340 Cr.P.C. should not be started casually - Such action can be taken only when Court finds that it is necessary in the interest of justice and that there is some clear material showing an offence which affects the administration of justice...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - No documentary evidence was produced before Family Court by husband nor by wife - Rs.80,000 was alleged by wife to be monthly income of husband, who having not produced his salary slip before Family Court - Husband has disclosed one payment advice in respect of gross salary i.e Rs.74,542.85 which is close..........
Civil Procedure Code, 1908, Order 3, Rule 4(2) -- Withdrawal of Vakalatnama - Advocate representing defendants had claimed no instructions but not sought withdrawal of his Vakalatnama - High Court without any justification went on to consider the procedure prescribed for withdrawal of Vakalatnama when neither withdrawal of Vakalatnama was permitted by Trial Court nor..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claim of compensation in a motor accident case is not a factor which is relevant for the purpose of award of compensation to claimants, as it is for Court to calculate just and fair compensation - Even if lesser amount had been claimed, claimants can always be held entitled to receive higher amount...........
Motor Vehicles Act, 1988, Section 166, Maharashtra Court Fees Act, 1959, Section 7(2) -- Accident - Compensation - Claim petition - Court fee - Option is provided to appellant before Court to restrict his/her claim for purpose of deposit of Court fee and in case compensation is enhanced, deficit can be made good later on, after appeal is finally decided as per S.7(2)(ii)..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20, 22, Criminal Procedure Code, 1973, Section 125(3), 421 -- Orders passed u/ss 12, 19, 20, 22 PWDV Act - Execution of orders - Magistrate directed to attach and auction immovable property of husband/JD that too situated outside the jurisdiction of Court - Magistrate could only issue a warrant for levy..........
