Motor Vehicles Act, 1988, Section 166 -- Accident - Death of 9 years old child - Multiplier - Considering mother's age of 36, multiplier of 15 rightly applied by Tribunal...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of minor child - Determination of income - There is no straight jacket formula as to income to be adopted in the case of children when they suffer injuries or succumb to death, in a motor vehicle accident - Monthly income of Rs.5,000 as adopted for child by Tribunal is perfectly in order...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of minor child - Total Compensation - Considering age of minor child as 9 years, multiplier of 15 and various heads under which claimant entitled to compensation, total compensation of Rs.8,70,000 is proper...........
Guardians and Wards Act, 1890, Section 7 -- Custody of minor child - Claimed by father - Minor child is now 10 years of age and has been in care and custody of his mother for past six years - Father of child cannot be stranger to child, as he was also in joint custody of child for nearly four years - Neither of parties have placed any materials to credit or discredit their..........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and 6 POCSO - Bail - Juvenile aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile in conflict with law - Bail - Neither the seriousness of alleged offence nor the age of juvenile are relevant for denying bail u/s.12 of JJ Act - Further, even the child aged 16 years or above who is alleged to have committed a heinous offence is also entitled to get bail u/s 12 of JJ Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - End of justice - If the keeping of child in custody is helpful in his development and rehabilitation or protection, only then it could be said the release of child would defeat the ends of justice...........
Indian Penal Code, 1860, Section 376(2), 450 -- Rape - Testimony of prosecutrix - Evidence of prosecutrix was entirely probable, natural and trustworthy who with lucidity narrated whole incident about commission of offence against her by accused - Testimony of brother of victim as a child witness was rationally and logically supportive of what prosecutrix narrated - Factum..........
Evidence Act, 1872, Section 118 -- Child witness - Testimony of a child victim, if found credible and trustworthy, requires no corroboration...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Act of driving away wife while she was with child amounts to moral and emotional dereliction, if not cruelty and undermines husband's claim of suffering cruelty at the hands of wife...........
