Guardians and Wards Act, 1890, Section 7 -- Custody of minor child - Claimed by father - Minor child is now 10 years of age and has been in care and custody of his mother for past six years - Father of child cannot be stranger to child, as he was also in joint custody of child for nearly four years - Neither of parties have placed any materials to credit or discredit their..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 31 years of age at the time of accident - Multiplier of 16 is correctly applied by High Court as per Pranay Sethi case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Taking into account the age of deceased 31 years at the time of accident, multiplier of 16, 40% future prospects, conventional heads namely loss of estate, loss of consortium and funeral expenses should be Rs.15,000, Rs.40,000 and Rs.15,000 respectively, loss of dependency and other heads under which..........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and 6 POCSO - Bail - Juvenile aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile in conflict with law - Bail - Neither the seriousness of alleged offence nor the age of juvenile are relevant for denying bail u/s.12 of JJ Act - Further, even the child aged 16 years or above who is alleged to have committed a heinous offence is also entitled to get bail u/s 12 of JJ Act...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Considering age of appellant as 38 years, monthly income of Rs.9,500, multiplier of 15, functional disability at 41.77%, 40% future prospects and various heads under which appellant is entitled to compensation, total compensation of Rs.16,60,891 with 6% interest p.a from date of claim petition till..........
Suit for possession -- Self acquired property of mother-in-law - Right of daughter-in-law - Plaintiff/mother-in-law is absolute owner of suit property which was purchased by her vide Sale Deed - Suit property is self acquired property of plaintiff - Defendant/daughter-in-law not denied that house in dispute is in the name of plaintiff - However, she submitted that said..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506, Criminal Procedure Code, 1973, Section 357 -- Aggravated penetrative sexual assault by father upon his own 10 years old daughter - Victim's compensation - Having regard to age of victim at the time of offence, sustained nature of abuse and constitutional obligation to..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of victim - Certificate of school was produced by prosecution to prove the date of birth of victim - However, prosecution has failed to produce any document or evidence of school staff, head-master of school or school register admission form, etc., based upon which said certificate..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of victim - Victim was above age of 15 years and below 17 years at the relevant point of time as per medical report - Ossification test report are based upon an opinion given by a radiologist based on appearance of epiphysis and fusion of margins of bones - There would be always..........
