Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Absence of vehicle registration number in FIR or complaint lodged immediately after accident is not by itself fatal to claim, as FIR is not an encyclopedia and omissions at the initial stage may not be determinative - However, claimants must establish specific identity of vehicle/driver with caveat that..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Complaint merely states that a vehicular accident occurred without identifying offending vehicle - Spot mahazar was admittedly prepared several days after accident - In absence of any eyewitness to accident, there is nothing to indicate basis upon which it was drawn up or on whose statement formed its..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Stridhan, inherited property or gifts received by a woman from her parents or relatives cannot be construed as a source of income so as to defeat her claim for maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Claim for maintenance must be assessed with reference to her present earning capacity and ability to sustain herself in the standard of living she was accustomed to during her marriage and not on the financial status of her natal family...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased aged about 29 years was in real estate business and based on his income tax return of preceding assessment year Tribunal assessed his income at Rs.4,58,430, thereafter applying a multiplier of 17 and deducting 1/4th towards his personal expenses and awarding compensation on loss of consortium and..........
Payment of Gratuity Act, 1972, Section 4 -- Gratuity - Resignation by employee - Claim of appellant for release of gratuity cannot be denied even if he had resigned from service - He is thus, entitled to receive gratuity in terms of provisions of the Act for the service rendered by him, as Act is applicable to Corporation...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earlier marriage of wife continued to subsist at the time of her marriage with opposite party/husband - Mere fact that wife resided with opposite party for nearly ten years and relationship may appear akin to marriage, yet such cohabitation does not confer legal status of a wife u/s 125 Cr.P.C. - Wife does..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to first wife - Where husband is financially capable of maintaining second wife, such capacity cannot be a ground to ignore claim of first wife, who is living separately and is wholly dependent upon her parents for financial support - Obligation of husband to maintain his legally wedded first wife cannot be defeated..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where a party asserts possessory rights, even to an inch of land, such a claim cannot be foreclosed at the threshold - Merits must be adjudicated after evidence is led - Whether such possession is legal, illegal, established, or otherwise defective is a matter for trial and not for summary rejection..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent and mandatory injunction - Restraining defendant from alienating plot allotted in lieu of acquisition of land - Agreement of sale executed between plaintiff and respondent and during subsistence of said arrangement, land in question came under acquisition and land vested in State - Once acquisition machinery..........
