Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of notional income of deceased - Deceased was a homemaker at the time of incident - She remained without employment for a period of approximately three years and what she earned prior to that ought not to have been treated to be her monthly income to arrive at just and proper compensation..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deduction towards personal expenses - Two minor children of deceased at the material point of time treated as dependent family members even if Court leave husband of deceased from being treated as dependent - Both the children were minor at the relevant time - Deduction of 1/3rd of determined income of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 37 years old at the time of her death - There ought to be addition of 40% to notional income of deceased towards future prospects as she was below 40 years of age...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - No evidence on record that husband is employed - In absence of proved facts, Court can do some guess work - By guessing the income, husband directed to pay alimony to the extent of Rs.17 lakhs to wife and Rs.6000/- p.m to minor child - Husband is further directed to return streedhan including gold ornaments, if..........
Protection to life and liberty -- Petitioners are major and got married with each other - Marriage of petitioners was not approved by their relatives - Life and personal liberty of individuals has to be protected except according to procedure established by law, as mandated by Art.21 of Constitution - Protection granted to petitioners - However, if petitioner's income is..........
Custody of child -- Claimed by paternal grandfather - Parents of child died due to COVID-19 - High Court directed the custody of child to maternal aunt who is staying in tribal area/District - There cannot be any presumption that maternal aunt being unmarried having an independent income, younger than paternal grandparents and having a bigger family would take better care..........
Custody of child -- Income and/or age and/or bigger family cannot be sole criteria to tilt balance in child custody matter...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Sufficient reason for wife to stay separately from her husband - Wife averred and established that she is totally dependant upon her parents for her daily expenses - Husband owner of two acres of land and he has mentioned his annual income to be Rs.20,000/- - Husband an able bodied person and it cannot be..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife was already getting an amount of Rs.4000 as maintenance u/s 125 Cr.P.C - Family Court thus, came to conclusion that no further grant of maintenance is warranted - However, family Court directing husband to pay Rs.5000/- as litigation costs, since wife has to engage a lawyer and defend herself in..........
Criminal Procedure Code, 1973, Section 397, 125 -- Revision - Order of rejection of application u/s 125 Cr.P.C - Court below passed erroneous order by considering income of husband as Rs.30,000 only - Whereas, Husband admitted his salary as Rs.47,000 p.m - Finding runs against the record and not in accordance with law - Revisional Court has ample power to correct order and..........
