Motor Vehicles Act, 1988, Section 166 -- Accident - Death of 9 years old child - Multiplier - Considering mother's age of 36, multiplier of 15 rightly applied by Tribunal...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of minor child - Determination of income - There is no straight jacket formula as to income to be adopted in the case of children when they suffer injuries or succumb to death, in a motor vehicle accident - Monthly income of Rs.5,000 as adopted for child by Tribunal is perfectly in order...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of minor child - Total Compensation - Considering age of minor child as 9 years, multiplier of 15 and various heads under which claimant entitled to compensation, total compensation of Rs.8,70,000 is proper...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused failed to rebut the presumption u/s 139 of the Act - Complainant on the other hand has succeeded in establishing that cheque was issued by accused in discharge of a legally enforceable debt - Registered notice sent to accused was returned as unclaimed - Endorsement in notice..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of preliminary decree - Partition suit - Preliminary decree cannot be amended U.O.6.R.17 CPC unless a fresh preliminary decree is passed declaring augmented share - Once preliminary decree has attained finality and stage has progressed towards passing final decree, any claim for augmented share due to death of a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Foundational documents relied upon by plaintiff i.e mortgage deed cum lease deed is neither registered nor sufficiently stamped and is therefore, inadmissible - Moreover, plaintiff attempts to secure temporary injunction in effect seeks to restrain rightful owner and purchaser from asserting rights..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations against appellants are that they entered into a conspiracy with other individuals to fabricate a forged Will after death of testator that was then used to circumvent sale deed - Neither any criminal breach of trust nor any..........
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..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- Suspension of sentence during pendency of appeal - Appellant has served more than one year and six months out of awarded sentence - Six cases were registered against appellant and in four cases appellant was convicted or cases were disposed of - Disposal of present case will take its own time - Without expressing any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Un-stamped agreement to sell - Agreement to sell is neither registered nor sufficiently stamped - Said agreement to sell could not have been considered for any purpose for accepting plaintiff's case - However, when defendant has not denied execution of document, so also receipt of part of..........
