Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Petitioner has been incarcerated for a period of more than four years - Complainant's evidence has also been recorded - Application for bail is pending before High Court for a long time - High Court adjourned the matter on 27 occasions - In the matters of personal liberty, High Courts are not expected to keep..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Benami property - Subsequent purchasers who have no knowledge of nature of property in the hands of original owners and having no personal knowledge regarding suit property, are not the right person to move application U.O.7.R.11 CPC for rejection of plaint as allegedly barred by S.4 of Benami..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix's testimony lacks corroboration from scientific and medical evidence and discrepancies between her account and medical report undermine her credibility - Non-production of FSL reports further weaken the allegations - Additionally, FIR was lodged with a delay of 3 days without any satisfactory explanation, which is..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Power to remand an accused to judicial custody is a crucial judicial function that must be exercised with due diligence and in strict compliance with procedure established by law - A lapse in this regard strikes at the very root of personal liberty - Bail granted...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Contributory negligence - Collusion between lorry and car - Death of driver of car - Keeping in view the age of deceased 38 years at the time of accident, multiplier of 15, deduction of 1/4th for personal expenses, addition of 40% for future prospects and various other heads under which claimants..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view the age of deceased 30 years at the time of accident, multiplier of 17, income of deceased 7500, deduction of 1/4th for personal expenses, addition of 40% for future prospects and various other heads under which claimants entitled to compensation, total compensation of Rs.18,36,500,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(C) -- Bail - Contraband - Recovery of 180 kgs Doda post from co-accused - Petitioner was not present on the spot and has been nominated on the basis of disclosure statement suffered by co-accused - Allegations against petitioner are that he was involved..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Considering the income of deceased at Rs.4,000 and adding 40% towards future prospects, deceased being a bachelor, 50% requires to be deducted for personal expenses and so deducted, monthly loss of income to dependent/father would be Rs.2,800 and adopting multiplier of 18, compensation payable towards..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total Compensation - Taking into account the earning of deceased at Rs.20,000 p.m and adding 40% towards future prospects, deduction of 1/3rd towards personal expenses, loss of dependency @ Rs.18,666 p.m, multiplier of 15, Rs.40,000 awarded under head of loss of consortium, Rs.80,000 as parental compensation for two..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife has been residing separately along with her child aged about 11 years at her parental house - Convenience of wife has to be taken into consideration than that of inconvenience of husband in matrimonial proceedings - Divorce case transferred to the place where wife is residing in her parental home..........
