Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability of 75% - Compensation - Appellant was a school going child at the time of her accident - Multiplier of 15 would be applicable considering her age at the time of accident...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability of 75% - Compensation - Notional income - Appellant was a school going child at the time of her accident - Minimum wages payable to a skilled workman, as per the Notification of Government of Assam stood at Rs.175 per day, which is more acceptable - On that basis, notional loss of income of appellant..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - School certificate has been produced to prove the age of victim - However, author of said certificate has not been examined and it is marked in the evidence of I.O. - I.O. has no personal knowledge regarding date of birth of victim - School certificate do not answer..........
Service -- Appointment - Post of primary school teachers - Qualification - B.Ed qualified candidates were held to be disqualified as per Devesh Sharma case delivered on 11.8.2023 - Petitioners having B.Ed qualification were appointed post 11.8.2023 - Completion of selection process prior to 11.8.2023 is not material - Date of appointment is important which is certainly..........
Custody of child -- Claimed by mother - Father of child died in road accident - Child is in custody of his grandparents/respondents - He is a minor child aged about one and a half years - Mother is natural guardian of minor child according to S.6 of Hindu Minority and Guardianship Act - Respondent who is grandfather of child is aged about 61 years, is class 8th passed and..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94(2) -- Age of victim - Determination - Basis of date of birth in matriculation certificate is not disclosed - Victim's version that she attended no school from Class-I to Class-3 has not been found convincing and reliable - View taken by trial judge to accept the date of birth certificate from school..........
Service -- Appointment - Post of High School Assistant (Physical Science) - Qualifying criteria prescribed for the post was a degree in B.Sc. (Chemistry) - Admittedly, appellant did not hold such a degree - Argument of appellant that B.Sc. (Polymer Chemistry) acquired by her is required to be treated as equivalent to a degree in B.Sc. (Chemistry) is misconceived -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Payment of school fees of child by husband would not mean that husband would not pay maintenance for the child for living, as payment of fee is all together different responsibility apart from husband paying maintenance to maintain a child and wife - Interim maintenance rightly granted...........
Hindu Marriage Act, 1955, Section 26 -- Custody of child granted to mother - Modification of custody order - Father was granted physical access of minor daughter on weekends and video access of alternate days - Both the parents are working - Paternal grandmother is a political figure and due to her social work, she was unable to spend time/take care of 9 years old child -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Mode of determination of age - Date of birth certificate from school stands at highest pedestal - Whereas ossification test has been kept at the last rung to be considered only in the absence of both certificate from school and birth certificate issued by Corporation/Municipal..........
