Protection of Women From Domestic Violence Act, 2005 -- Proceedings under the Act - Examination of witnesses - Imposing cost of Rs.10,000/- per witness - Not open to Court to impose such onerous condition, upon appellant, who claims to be a victim of domestic violence - Order imposing cost for examination of every witness set aside...........
Protection of Women From Domestic Violence Act, 2005 -- Proceedings under the Act - Physical presence of parents-in-law of appellant, shall be dispensed with by the trial Court...........
Civil Procedure Code, 1908, Section 151, 152 -- Correction of sale deed executed pursuant to decree - Correction of Gut numbers - There was an error not only on the part of decree holder but also on the part of Executing Court - Court can issue necessary directions for correction of sale deed - Application allowed...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Testimony of husband regarding cruelty and desertion meted out to him by wife is uncontroverted - If testimony of witness is not challenged by way of cross-examination, same is taken to be accepted - Family Court rightly granted divorce to husband on the basis..........
National Investigation Agency Act, 2008, Section 21 -- Appeal - Maintainability - Order framing charge or order altering or refusing to alter charge passed by Special Court under the Act, is an interlocutory order and thus, not appealable u/s 21(1) of the Act - Appeal is not maintainable...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 95% permanent disability - Future medical expenses - Appellant `A' suffered 95% disability and would require physiotherapy services throughout his life - Compensation awarded by High Court at Rs.3 lakhs appears to be less - Since the multiplier applied is 18, therefore charges for future medical expenses would come to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability - Additional compensation - Appellant `A' suffered 95% permanent disability and appellant `S' suffered 70% disability - Considering their medical condition and various heads under which they claim compensation, additional compensation of Rs.25,67,000/- awarded to appellant `A' along with interest as..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. is inadmissible in evidence as said statement was not exhibited by the person who recorded it and also due to the fact that maker of such statement was not examined by trial Court...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence with condition to deposit 20% of amount as compensation - Where a conditional order of suspension of sentence has been passed by appellate Court, on non-fulfillment of condition, suspension order can be vacated - Impugned..........
Civil Procedure Code, 1908, Section 21 -- Pecuniary jurisdiction - Objection as to - Appellant did not raise objection as to pecuniary jurisdiction of trial Court in first appeal - Even, there is no whisper of averment/contention as to how appellant suffered prejudice on account of lack of Pecuniary jurisdiction if any - Appellant not permitted to raise objection as to..........
