Mutation -- On the basis of Will - Where there is no serious dispute raised by any natural legal heir, if any of tenure holder, in absence of any legal bar, mutation based on a Will should not be denied as it would defeat the interest of Revenue...........
Agreement to sell -- Oral agreement - Agreement to sell does not create any interest in or charge on property - Ownership remains with seller hence, it does not require to be written on paper and it can be oral agreement as well...........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3 -- Application to examine LR of deceased plaintiff as a witness - Application dismissed on the ground that petitioner was impleaded as LR at the stage of defendant's evidence and evidence of plaintiff was already closed - However, since valuable rights of petitioner are involved in the case, it would be in the..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - While adjudicating issue of maintenance to be granted to a wife, Court takes into consideration not only income and assets of husband from regular sources but also earnings and profits derived from any family business in which he has a share or interest - This includes profits,..........
Agreement to sell -- Specific performance - Ready and willing - Mere presence of plaintiff before Sub Registrar may lead Court to infer willingness of plaintiff but it does not prove his readiness - In order to prove his readiness, plaintiff was required to prove that he possessed financial competency on appointed date i.e., to perform his part - Ingredients of S.16(c) of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased aged about 29 years was in real estate business and based on his income tax return of preceding assessment year Tribunal assessed his income at Rs.4,58,430, thereafter applying a multiplier of 17 and deducting 1/4th towards his personal expenses and awarding compensation on loss of consortium and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for permanent injunction - Plaintiff during pendency of proceedings transferred his interest in suit property to his sons, who were subsequently impleaded as co-plaintiffs - Transferees though not necessary parties would constitute proper parties, as adjudication in suit would be..........
Civil Procedure Code, 1908, Section 153 -- Amendment of execution petition - In the interest of justice amendment in execution petition is permissible...........
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..........
Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8, Probation of Offenders Act, 1958, Section 4 -- Offence u/Ss.354, 354-A IPC and S.8 POCSO Act - Conviction - Applicability of S.4 of Probation of Offenders Act - Though accused had no prior criminal antecedents, seriousness of offences involving sexual assault on..........
