Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future economic loss - Claimant was serving in Merchant navy and his salary at the relevant time was USD 1000 - Right hand below elbow of claimant was amputated resulting in 70% disability qua right arm - Claimants will not be able to do any work in Merchant navy - High Court ought to have awarded future..........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Offence u/ss 13(1)(d), 13(2) of the Act - Allegation relating to accused's disproportionate income in the period between 1974 and 1988 was levelled in an FIR filed 12 years after said period concluded - Charge sheet was filed seven years after registration..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Compensation - Future economic loss - Claimant was working as a Mason - Permanent disability assessed by High Court at 100% - Therefore, even considering minimum wages payable to Mason and future rise in income, claimant shall be entitled to economic loss past as well as future considering..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3)(a) -- Benami transaction - Plaintiff father proved that properties had been purchased with his funds in the name of his two minor sons having no source of income - He also proved that he had possession of property - Defendant/son admitted the suit averments - In these circumstances, elements necessary to establish..........
Interim maintenance -- Husband has not come with clean hands before Court to disclose the annual income - He has enough resources to take housing loan of Rs.20 lacs and has a business in the nature of agricultural operations besides other source of income which he has deliberately concealed from Court - Wife is entitled to Rs.25,000 p.m towards interim maintenance from..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased getting salary of Rs.12,450/- as per his wife and he was over 50 years of age - However, in absence of proof of salary, Tribunal assessed monthly income of deceased as Rs.10,000/- - Keeping in view of income, age and future prospects, total compensation comes out to be Rs.11,63,000 along with 7%..........
Criminal Procedure Code, 1973, Section 91, Evidence Act, 1872, Section 114 -- Summons to produce documents - Accused seeking to summon complainant to produce Income Tax documents - Complainant is free to bring on record income tax documents at instance of accused, but in case he refuses to do the same, an adverse inference can be drawn at appropriate stage by trial Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Relationship between husband and wife is not disputed - Nothing on record to show that wife has deserted matrimonial home of her own will - Wife has no independent source of income - Husband being able bodied person cannot escape responsibility of providing maintenance to his estranged wife - Family Court..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband has been taken by Court below not less than Rs.40,000 to 50,000 - However, Court awarded lesser amount of maintenance @ Rs.7000 p.m - Without making any interference on merits and factual matrix of case, maintenance amount enhanced from Rs.7000 to 10,000, which shall be payable from..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife is a young lady aged about 21 years staying alone along with her aged parents - She does not have any source of income of her own as she is not employed and is totally dependent on her parents for her livelihood - It is difficult for her to travel all the way from Chennai to Vellore to attend..........
