Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Mere living separately for considerable period of time may not amount to desertion - What is important to be proved is animus for separate living attributable on party/spouse living apart...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement - Consistent entries in bank amount maintained by deceased where certain amount was received by way of bank transfers on record - Transactions are not intermittent rather quite regular in nature - Average thereof for period of 25 months prior to accident was Rs.10,050 p.m. - Income of deceased..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement of - Functional disability - Appellant suffered 21% functional disability in accident as acknowledged by High Court - Work of appellant will certainly suffer and he may not be able to earn as much as he could have in case disability was not there - Job of an Architect requires multiple duties to..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Compensation/damages - Claim of compensation was for crores of rupees - Merely on basis of photocopies of documents placed on record by respondent, Commission has committed an error in awarding huge amount of compensation of Rs.2,00,00,000 which cannot be justified - Even discrepancies in photocopies..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Conduct of husband i.e repeated non-appearance before Courts, persistent non-payment of maintenance amount, deliberate violation of judicial directions and total abandonment of legal proceedings, has subjected wife to prolonged mental agony, financial distress, and social humiliation -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Bail or anticipatory bail - If a case for grant of bail or anticipatory bail is made out, then Court should proceed to pass an appropriate order - Court should not pass a conditional order of deposit of a particular amount and then exercise its discretion...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement of - Deceased aged about 29 years at the time of accident, LL.M. graduate and was practicing as an Advocate - Considering his age, his advanced academic qualifications, professional standing as a practicing advocate and loss of future income suffered by dependents, additional lump sum of Rs.10..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Cheque in question involved a huge amount of Rs.14,08,000 - Plea of fraud taken by accused in his reply to application u/s 143-A of the Act has not been examined deeply or if noticed not been appreciated by Courts below by recording reasons - Order directing payment of..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Money decree - Stay of execution of money decree cannot be granted by an appellate Court without deposit of decretal amount or furnishing security unless exceptional circumstances are made out...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has sufficient earning capacity and financial means to pay more than Rs.15,000 pm towards permanent alimony as per material on record - Considering cost of living, impact of inflation over past decade and overall circumstances of parties, amount awarded by Family Court, as affirmed by High Court is..........
