Bharatiya Nagarik Suraksha Sanhita, 2023, Section 497 -- Release of seized gold and silver jewellery articles - Alleged jewellery articles were seized from house of petitioner and concerned jeweller have prima facie verified the bills - Seized jewellery articles cannot be kept in custody of police, indefinitely in anticipation that complainant would come forward to claim..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claim of compensation in a motor accident case is not a factor which is relevant for the purpose of award of compensation to claimants, as it is for Court to calculate just and fair compensation - Even if lesser amount had been claimed, claimants can always be held entitled to receive higher amount...........
Motor Vehicles Act, 1988, Section 166, Maharashtra Court Fees Act, 1959, Section 7(2) -- Accident - Compensation - Claim petition - Court fee - Option is provided to appellant before Court to restrict his/her claim for purpose of deposit of Court fee and in case compensation is enhanced, deficit can be made good later on, after appeal is finally decided as per S.7(2)(ii)..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No specific incident of mental or physical torture adduced in evidence to justify claim - Mere omnibus statements that wife committed cruelty on him are not sufficient to justify for a decree of divorce - Divorce petition rightly dismissed...........
Will -- Proof of - Will was duly registered in accordance with statutory requirements - Contention of appellant/objector that Will is forged and fabricated is wholly unsubstantiated, as no evidence has been adduced by appellant to support the claim of forgery or to show a contrary intention of testator or that testator was not in sound mind or that signing was involuntary..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife solemnized second marriage during subsistence of first marriage - Husband is treating wife with cruelty in not giving her option to live her life freely according to her choice which is fundamental right of wife and unnecessarily opposing petition for divorce when she is already..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction simplicitor - Petitioners are mother and sister of defendant and they are claiming possession over suit land through defendants - However, according to plaintiffs, defendant are only persons who are disturbing possession of plaintiffs over suit land - Petitioners who do..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff failed to provide a clear and identifiable description of property, including boundaries, which renders suit unsustainable - Plaintiff ought to have taken steps such as seeking a commission, to identify disputed property - Failure by plaintiff to take appropriate steps to substantiate his claim, he..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent loss of left hand thumb - Enhancement of compensation - Appellant is in his advanced stage of life - He is required to be compensated more reasonably and in practical terms - Amount of compensation enhanced from Rs.1,33,508 to Rs.2,50,000 - Rate of interest also increased from 6% to 7.5% p.a from the date of..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Principle of utmost good faith imposes positive obligations of disclosure - In its practical application the principle permits either party to avoid contract altogether if it is established against other party either that: (1) there has been a failure by other party to disclose a material fact; or..........
