Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Grant of compensation for loss of future income is a distinct head from one under which compensation is granted for permanent disability - Fact that claimant suffered 100% permanent disability and was living in a vegetative state, High Court was not justified in setting aside grant of..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial proceedings - Settlement arrived at between parties during pendency of transfer petition - Parties guided by seasoned counsel and Mediator, not only agreed to dissolve their marriage by mutual consent u/s 13-B of Hindu Marriage Act but have also comprehensively settled collateral issues, i.e, permanent..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is a doctor earning approximately Rs.1,40,000 p.m. from his employment - Wife on the other hand holds an M.Tech (Computer Science) and an LLB degree - She claims to be presently unemployed - Determination of alimony requires consideration of multiple factors - Husband has capacity to pay a higher amount..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Parties have been living separately since 2010 for nearly 15 years - There is no possibility of reconciliation between parties - Neither party has shown any inclination to resolve their differences - Moreover, husband remarried in 2017 - There is thus, no purpose in continuing legal relationship between parties -..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Bar of jurisdiction of civil Court - Suit for permanent injunction of agricultural land not maintainable before Civil Court - Trial Court directed to return the suit U.O.7.R.10 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction on basis of Will - For purposes of grant of interim injunction, it is sufficient that plaintiffs have a Will in their favour which prima facie establishes a case in their favour - Factum of veracity, authenticity and legality of Will is a matter of trial..........
Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff claims that he was in continuous use of common road for over four decades - However, plaintiff failed to establish such right of way was acquired by him by prescription or grant or by necessity - Moreover, plaintiff has laid suit seeking relief of declaration in `B' Schedule property and for..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Minor child - Determination of income - Minor child who suffers death or permanent disability in a motor vehicle accident, cannot be placed in same category as a non-earning individual for purposes of assessing amount of compensation because child was not engaged in gainful employment at the time of accident - In such a..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Minor child - Permanent functional disability - Determination of - Appellant sustained grievous and life-altering injuries on head and left leg resulting in a brain haemorrhage and amputation of left lower limb - Upon examination of disability certificate and other medical documents, as also considering nature, extent and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance and permanent injunction - Amendment sought to incorporate the fact that registered sale deed executed by defendant no.1 in favour of defendant no.2 is not binding on plaintiff and is null and void - Plaintiff not sought amendment within reasonable time despite defendants..........
