Evidence Act, 1872, Section 108 -- Civil death - Presumption - Person missing for seven years - Respondent No.2 has not asserted any specific date or time of death of his father nor has he adduced any evidence in this regard - Date or time of death of father of respondent No.2 remains uncertain - However, as per S.108 of the Act, he will be presumed to be dead on the..........
Service -- Compassionate appointment - Father of respondent No.2 would be deemed to have died a civil death upon expiry of 7 years from the date he went missing i.e. 1.9.2019 - Despite having gone missing employee was treated to be in continuous service and he duly retired on 31.1.2015 - Family members were paid all retiral dues and have also been receiving monthly pension..........
Limitation Act, 1963, Article 55 -- Limitation - Continuing breach of contract - Suit for damages - Breach continues during period fixed in contract - On expiry of period of contract breach ceases - Breach was a continuing one, but during currency of contract - Breach cannot be said to continue thereafter since, period fixed by parties have expired - Suit could be..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Determination of age of detenue - Where school record of detenue is impeccable, date of birth entered there has to be accepted by dint of S.94(2)(i) of the Act, there is no authority with Court to rely on medical evidence that comes last in the order of preference as to evidence of age u/s 94(2) of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Allegations of ill treatment and harassment due to non-fulfillment of dowry and ousted from home levelled against husband by wife - Husband filed a petition for restitution of conjugal rights only after receiving notice of maintenance - He never tried to come at residence of wife to bring her back to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife living separately from husband for sufficient cause and is pursuing her MD (Homeopathic) and she requires support - Maintenance @ Rs.15,000 p.m., granted to wife from date of application except for the period of one year for which she was getting stipend...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view age of deceased 27 years at the time of accident, multiplier of 17, Income of deceased, future prospects, loss of dependency, loss of filial consortium, loss of estate and funeral expenses, total compensation payable as 74,43,631 with interest @ 6% per annum from date of claim petition..........
Indian Penal Code, 1860, Section 354, 354B, 506II, Protection of Children from Sexual Offences Act, 2012, Section 8, 12 -- Outraging modesty of woman - Victim was minor girl on the date of incident - However, prosecution failed to prove that accused used criminal force on the minor victim with intention of outraging her modesty, lifted her clothes and opened zip of her..........
Indian Penal Code, 1860, Section 363, 366, 376, 377 -- Kidnapping and rape - Victim was aged about 15 years on the date of incident - Specific allegations with regard to committing rape upon her by appellant and committing unnatural sex upon her have been levelled by victim against appellant - Medical evidence does not rule out possibility of rape upon victim - Even..........
Indian Penal Code, 1860, Section 302, 149, 147, 148, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Petitioner was 12 years 5 months old on the date of incident - Victim died as a result of multiple injuries caused by use of knife as well as lathis - No specific role attributed to petitioner - Petitioner has suffered..........
