Muslim Law -- Gift - Essential ingredients of a valid gift under Muslim Personal Law are : (i) Declaration of gift by the donor; (ii) Acceptance of gift by donee: and (c) Delivery of possession of gifted property - Thus, for a gift to be valid, compliance of three essentials are necessary even though it is not registered by a registered instrument - But if the conditions..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of revision - Hearing of matter would likely take a long time - Appellant remained on bail during entire course of trial and appeal and he did not misuse liberty so granted to him - Sentence awarded to appellant suspended..........
Hindu Succession Act, 1956, Section 15 -- Property of Hindu female dying intestate - Dowry articles in the hands of deceased were her personal self acquired property and had not been inherited - Property of Hindu female who dies intestate will devolve firstly upon husband/heirs of husband and then upon her own parents - Since, deceased had not left behind any child,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Permanent disability - Appellant lost both his legs one from above the knee and the other from below the knee - Cost of medical treatment has been claimed as Rs.2,00,000 - Claim petition does not bind Court in granting just compensation - It is only proper that an amount of Rs.9,00,000 be granted on a..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Taking into account the age of deceased i.e 45 years at the time of accident, income of deceased @ Rs.7,000 p.m, multiplier of 14, there being five claimants, loss of future prospects at 25%, deduction for personal expenses to be 1/4th and keeping in view other heads under which claimants entitled to..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Company not arraigned as an accused - Complaint against Executive Director of company alone - Accused was not drawer of cheque in his personal capacity, but he was an agent of the corporate entity - In the absence of Company as party to proceedings, prosecution against..........
Indian Penal Code, 1860, Section 304A, 304B, 306 -- Offence u/ss 304-A, 304-B, 306 IPC - Compromise - In offences resulting in death such as u/s 302, 304-A, 304-B, 306 IPC etc., deceased is primary victim - Because harm suffered is inevitable, no compromise by legal heirs can substitute voice of deceased - Therefore, it is not for accused and complainant to negotiate,..........
Criminal Procedure Code, 1973, Section 273 -- Personal attendance of accused - Permission to attend trial through video conferencing - Non-appearance of accused may be attributed to various reasons, such as need to maintain law and order, transportation difficulties from jail to Court, unavailability of police escort team or other logistical constraints - Six years have..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 304B, 498A -- Cancellation of bail - Dowry death - Cruelty - Allegations against two sisters-in-law - Material on record though implicate both sisters-in-law of deceased, but their role appears relatively less direct - One of them has recently got married and begun her new life,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 304B, 498A -- Cancellation of bail - Dowry death - Cruelty - Allegations against two sisters-in-law - Material on record though implicate both sisters-in-law of deceased, but their role appears relatively less direct - One of them has recently got married and begun her new life,..........
