Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3, 4, 45(1) -- Bail - Proceeds of crime - Accused is not rustic or illiterate lady as she has been working as Visa Officer in Greek Embassy - Crores of rupees spent by her in purchasing immovable assets and also having credit entries of Rs.2 crore in bank - She has never filed her..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Demand of wife to live separate - Such demand was merely for the reason that income of husband was also spent for maintaining his family - A son maintaining his parents is absolutely normal in Indian culture and ethos - There is no other reason for which wife wanted husband to be separated from..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Deceased was 60 years of age at the time of incident and annual income of deceased was 5 lakhs p.a. - Since incident occurred in the year 1996 and litigation is going in for twenty years, total amount of Rs.50 lakhs as compensation with 9% interest was justified, out of which 10 lakhs..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Deceased was 60 years of age at the time of incident and annual income of deceased was 5 lakhs p.a. - Since incident occurred in the year 1996 and litigation is going in for twenty years, total amount of Rs.50 lakhs as compensation with 9% interest was justified, out of which 10 lakhs..........
Criminal Procedure Code, 1973, Section 340, 482 -- Wrong statement by wife regarding income in a dispute between husband and wife - In such a dispute parties are at liberty to take false and wrong pleas - Trial Court is not entitled to feel aggravated and to direct filing of complaint through registry against the litigant that does not serve the purpose except the wasting..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband admittedly more than Rs.5 lacs per annum - Wife has not provided any material to find out income of husband - Both children are residing with husband and amount of Rs.5 lacs is being spent annually on them for their education - There is no contribution from wife - Amount of Rs.25,000/-,..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Capacity of other party to earn cannot be taken into consideration, while granting maintenance pendente lite - It is only actual earning of opposite party on the basis of which relief can be granted - Permanent income and not casual income is relevant...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Non-disclosure of exact income by husband - Where the parties do not come forward with exact income, Court would have no alternative but to apply its guess-work - In the instant case, husband has two accounts, which shows that cash deposits per month in such accounts is of Rs.73,683.33 - However,..........
Motor Vehicles Act, 1988, Section 166, Haryana Compassionate Assistance to the dependents of Deceased Government Employees Rules, 2006, Rule 5 -- Accident - Death of Government employee in accident - Compensation - Deduction of amount received by claimants under Rules 2006 - Insurance company is entitled to deduct amount received by claimants u/r 5(1) of 2006 Rules,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Because of harassment wife could not continue to reside in her matrimonial house - After passing of decree of restitution of conjugal rights, she resided with husband but thereafter she was given ill-treatment and husband expelled from her matrimonial house - With justifiable grounds wife is living..........
