Motor Vehicles Act, 1988, Section 170 -- Accident - Compensation - Appeal on the question of quantum - Additional evidence sought that claimants have falsely given evidence relating to the income status of the deceased - Held, such an evidence cannot be allowed to be brought on record - If there is a case of fraud in securing the award, that will be still a quite different..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Court has to consider the mental and physical conditions of the parties, their characters and social status - Incidents which can be termed as `cruelty' have to be adjudged in a case on the facts and circumstances and the evidence adduced on record...........
Consumer Protection Act, 1986, Section 21(b) -- Export Credit Guarantee Corporation Policy - Shipments (Comprehensive Risk) Policy - Repudiation of claim - State Commission has taken due cognizance of each of the relevant conditions/clauses of the policy and discussed the status of compliance of each such condition by the complainant in respect of the export of consignment..........
Indian Penal Code, 1860, Section 304B -- Death of deceased in matrimonial house due to poisoning within one year of marriage - Father and mother of deceased with unison deposed about chain of events regarding dowry demanded by accused, payment of Rs.15, 000/- in June and incident occurred in September - Cause of death not relatable with alleged demand - Husband himself..........
Criminal Procedure Code, 1973, Section 145, 146 -- Dispute regarding possession of land - Power of SDM to pass orders u/ss 145 and 146 of the Code - Held, if civil court is seized of the matter and has passed status quo order, then order of SDM cannot sustain - It is immaterial if the status quo order is passed before or after the passing of order by SDM...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Court has wide discretion to grant interim maintenance - However, Court has to give due regard to the income of the parties and has to take into account incidental and other relevant factors like social status, the background from which both the parties come and economical dependence of the spouse - Order..........
Punjab Security of Land Tenures Act, 1953, Section 9 -- Plaintiff filed suit for permanent injunction claiming himself to be in possession as Gair Mourusi - Defendant filed counter claim seeking possession alleging that after the expiry of these period, suit land was to revert back to the defendant (lessor) but plaintiff illegally wants to grab the suit land - Held,..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading of a party - Purchase of property during pendency of suit despite order of status quo - Property purchased without leave of Court - Order rejecting application for impleadment of transferee pendente lite, upheld...........
Criminal Procedure Code, 1973, Section 145 -- Magistrate has no power to pass an interim order of status quo...........
Criminal Procedure Code, 1973, Section 145, 146 -- Police submitted report regarding existence of situation likely to cause breach of peace due to dispute regarding possession of properties - Magistrate after issuing notice to both the parties, prohibited them from using properties and directed them to maintain status quo - Held, under section 145 Cr.P.C. no interim order..........
