Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability - Medical report stated that appellant has no speech or intellectual functions - Appellant cannot stand or walk and has a catheter - He is dependent entirely on others for daily activities - Finding of 100% disability therefore, appears to be justified...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order granting maintenance passed without complying the directions of SC in Rajnesh Vs. Neha case - Non-compliance of such directions does not render the order granting maintenance vitiated under law - Purpose of filing affidavit of disclosure of assets and liabilities is to clarify stand of parties in..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property transferred by mother in favour of her son with condition that he will take care of her and in absence of same, transfer deed will stand cancelled - Mother is not maintained by son and after transfer of property in favour of her son she is not allowed to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363.366, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(j), 6 -- Quashing of proceedings - Kidnapping and rape - Prosecutrix solemnized marriage with applicant - From the cohabitation of applicant and prosecutrix, a son was born - In view of such subsequent..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions including examination-in-chief and cross-examination of PW-1 - Even, statement of PW-2 recorded without presence of defence counsel - Moreover, accused`s examination u/s 313 Cr.P.C was improper, inadequate and..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Decree for specific performance has been described as a preliminary decree - Power u/s 28 of the Act is discretionary and Court cannot ordinarily annul decree once passed by it - Although power to annul decree exists yet S.28 of the Act provides for complete relief to both parties in terms of decree..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Striking off defence - Defendants admitted that written statement was not filed on account of signatures of one of defendants not having been obtained and written statement would be filed within two weeks - Defendants thus, should not be prevented from presenting their stand before..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of commissioner - Dispute between parties is with regard to intention of parties behind the execution of agreement - Court cannot assist a party for collection of evidence - Fact whether suit property lie on the common path or not can be established by way of evidence and it is for plaintiff or defendant to stand..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Party to suit cannot request Court to collect evidence for him and every party to suit has to stand on his own legs by adducing independent and reliable evidence - Application rightly rejected...........
Indian Penal Code, 1860, Section 174A -- Offence u/s 174-A IPC - Proclaimed offender - S.174-A IPC is an independent, substantive offence, that can continue even if the proclamation u/s 82, Cr.P.C. is extinguished - It is a stand-alone offence...........
