Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view of various heads under which claimant is entitled to compensation, total compensation of Rs.15,94,812 with 6% interest p.a from date of filing of petition till date of payment or deposit whichever is earlier awarded to claimant...........
Agreement to sell -- Specific performance - Execution of agreement to sell proved by marginal witness as well as scribe - As defendant was minor at the time of execution of agreement, decree of refund of earnest money with interest, upheld...........
Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Adoption - Effect of adoption - Vested interest - Word `vested' means property already vested in a person in the family of his birth before his adoption but not unspecified coparcenary interest...........
Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Adoption - Effect of adoption - Vested interest - Adoptee on adoption ceases to be coparcener of his/her birth and forgoes interest in ancestral property in the family of his birth - Only if a partition has taken place before adoption and property is allotted to his share or self acquired, obtained by Will, inherited..........
Custody of child -- Cannot be denied to mother merely because mother is found in company of another male, as mother may be morally bad in societal sense but that mother may be good for child as far as welfare of child is concerned - Court will have to examine how far child is protected when custody is given to mother or father - Cyclical custody to both the parents would..........
Suit for recovery -- Suit for recovery on the basis of dishonoured cheque - Defendant contended that it was a signed blank cheque that was entrusted to plaintiff - However, same is denied by plaintiff - DW1 even admitted that borrowed amount has not been repaid - In the absence of evidence to the contrary, case of plaintiff is liable to be accepted - Plaintiff is entitled..........
Civil Procedure Code, 1908, Section 34 -- Suit for recovery on the basis of dishonoured cheque - Interest - Considering prevailing rate of interest in banking transactions, grant of interest at the rate of 6% from the date of suit till realisation would be reasonable and justified...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has made no attempt to raise funds to pay remaining portion of sale consideration within the period of agreement - Even, at the time of filing suit or after filing of suit, no attempt was made by plaintiff to show that he has capacity to pay balance sale consideration and to get sale deed..........
Custody of child -- If custody of child whether father or mother having custody under agreement between parties, on enquiry is no longer in the interest of child, appropriate order can be passed...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Permission to file - Rejoinder filed alongwith the application - Possibility of establishing new case and changing nature of suit not visible - As litigation is still at its preliminary stage as such no adverse affect would take place to the interest of parties, if such rejoinder is taken on record - Order allowing..........
