Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement - Functional disability - Appellant was 21 years of age during the incident who requires a personal attendant - Lump sum amount of Rs.3,00,000 thus, awarded towards attendant charges over and above the loss of income arrived at by this Judgment and High Court - Keeping in view of loss of monthly..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Seven persons were dependent on deceased - Deduction of 1/5th amount towards personal expenses deducted by Tribunal as well as High Court - After adding 40% towards future prospects and applying other parameters, annual income of deceased could be placed at Rs.60,480 and multiplying the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Family Courts Act, 1984, Section 10 -- Ex parte divorce decree - Setting aside - Service of summons - Provisions of CPC are applicable in proceedings conducted by Family Court as per S.10 of Family Courts Act and hence, provisions with regard to service of summons as mentioned in CPC are also attracted for regulating the..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Manifest and explicit difference in writing as well as use of pens while mentioning endorsement of `receiving summons and copy of petition' as well as in writing and pen used for signatures allegedly shown to be of husband - When..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Witness stated in Court that examination-in-chief was not recorded under his instructions nor does he know the contents of his examination-in-chief - Evidentiary value of his statement in cross examination is seriously dented...........
Will -- Execution - Affidavit of examination-in-chief - Sole attesting witness examined in Court admitted that his chief affidavit i.e. examination-in-chief was not recorded under his instructions nor does he know the contents of his examination-in-chief, evidentiary value of his statement in cross-examination is seriously dented - Such evidence does not inspire..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - Once an issue has been finally decided, trial Court lacks jurisdiction to re-open or revisit the same...........
Practice and Procedure -- Litigant who has not availed appropriate legal remedy against an order cannot be permitted to re-agitate the same issue before same Court at any subsequent stage of proceedings...........
Clean hands -- When a person approaches Court, he should approach Court not only with clean hands but also with clean mind, clean heart and clean objective...........
Clean hands -- Maintenance petition u/s 125 Cr.P.C. - Wife claimed herself to be illiterate and unemployed - However, in cross examination she admitted that she is earning Rs.36,000/- per month - Wife has not come to Court with clean hands - Wife is not entitled to maintenance...........
