Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Award of maintenance pendente lite to wife and minor daughter - Alteration - As per income tax return of the husband, income of husband is Rs.1,56,200/- - Award of maintenance pendente lite of Rs.15,000/- p.m. is on higher side - Maintenance reduced to Rs.7,000/-...........
Motor Vehicles Act, 1988, Section 169, Civil Procedure Code, 1908, Order 18, Rule 4 -- Accident - Claim petition - Examination-in-chief on affidavit is permissible at discretion of Tribunal, subject to any objection being raised by defendants, which will require decision thereon by Tribunal - Moreover, cross-examination and re-examination is not permissible on affidavit..........
Motor Vehicles Act, 1988, Section 166 -- Enhancement of Compensation - Death of `Mare' - Post Mortem report showed value of `Mare' to be Rs.32, 000/- as assessed by Veterinary Surgeon, with age of `Mare' given to be 4 1/2 years - Accident took place in 2003 - As per information on internet, an ordinary `Mare' is available for approx. Rs.30,000/- to Rs.40,0000/- as of today..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 14(2) -- Arbitral award - Setting aside - Condonation of delay - Delay of 296 days - Plea of petitioner that Project Implementation Unit at Nagpur mistakenly filed petition u/s.34 of the Act in Yavatmal where project was implemented, where Court held that it has no jurisdiction - Petitioner..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction order - Disobedience - Award of compensation directly without attaching the property is not proper - Impugned order set aside...........
Land Acquisition Act, 1894, Section 28 -- Compensation - Enhancement - Interest on excess amount of compensation - As per S.28 of the Act, claimants are entitled to interest @ 9% for the first year from the date of taking of possession till date of payment but awarding interest @ 15% after the expiry of one year is the discretion of Court - In the instant case, acquiring..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Award of Rs.5,000/- per month and Rs.2000 per court visit etc. - Wife well qualified Ayurvedic doctor and her financial status can be inferred from her bank deposits - Husband is duty bound to attend to his ailing mother and take care of other expenses required for her treatment - Impugned order is passed..........
Land Acquisition Act, 1894, Section 11A, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Land Acquisition proceedings - Lapse of - Crucial difference between lapse u/s 11-A of 1894 Act and u/s 24(2) of 2013 Act is that former is a pre-award situation whereas latter is post-award...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Land Acquisition proceedings - Lapse u/s 24(2) of the Act is post award, that would effect only the land referred to in award and not the entire lands covered by Notification u/s 4(1) of 1894 Act under which proceedings for acquisition were initiated..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order as to payment of maintenance from date of order - Maintenance petition decided after 12 years - No reasons as to why maintenance awarded has not been granted from the date of filing of maintenance petition - Matter remitted back to Court concerned with direction to give findings afresh in this regard..........
