Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Criminal Procedure Code, 1973, Section 227 -- Assets disproportionate to known sources of income - Discharge - Accused while serving as Minister of State acquired assets in his name and his wife and son far beyond their known source of income - Explanation offered by accused that he received the amount from his..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation for lime trees - Fresh limes are available throughout the year and have good market and earning income almost throughout the year - Compensation of Rs.100 each lime tree held, enhanced to Rs.250/-...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Value of each pomegranate tree - Planting, raising and making commercial use of fruit bearing trees is a painstaking affair and cost of the same is consistently on rise as years are passing by which is to be kept in view - Appellant sought compensation of Rs.3000 per pomegranate tree relying upon..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Custody of 4 years old child - Mother of child lived separately being harassed by her i, laws including her husband - She has a independent source of income - Merely because child lived for 1 year with his father, itself would not be sufficient to deny custody to mother - Interim custody granted to mother,..........
Motor Vehicles Act, 1988, Section 166, 168 -- Compensation - House wife - Compensation granted by Tribunal Rs.2,15,000/- - No person with reasonable mind can dare assess worth of labour and duties of house wife less than those of sweeper or peon - Hence income of house wife has to be assessed atleast at part with minimum class IV bais pay prevalent in government in area -..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Loss of earning from Insurance business - Deceased was working as a Branch Post Master and was also an LIC Agent - Income of deceased/Agent was increasing year by year from 3.5 Lakh to 5 lakh - Due to death of deceased recurring income from insurance business which business agent was expecting to..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Expression `just and reasonable' - To be adjudicated in exercise of judicial discretion in terms of attending circumstances available on record covering educational qualifications, status of parties, monthly income of spouse and capability of complying with order, so directed...........
Indian Contract Act, 1872, Section 25 -- Inadequate consideration - Not a ground for cancelling of a contract in view of S.25 of the Act, as undervaluing of immovable properties so as to either pay less stamp duty or for other reasons of concealment of income etc. is prevalent...........
Guardians and Wards Act, 1890, Section 10, 25, Criminal Procedure Code, 1973, Section 125 -- Custody of child - Findings recorded u/s 125 Cr.P.C. regarding income capacity of mother - Irrelevant for considering propriety of guardianship, as poorest of poor has right to procure child and shower his or her love and affection - Even otherwise best savior of child will be..........
Hindu Adoptions and Maintenance Act, 1956, Section 19, 22 -- Maintenance to widowed daughter-in-law - There is no estate which applicant/widowed daughter-in-law inherited from her husband and even father-in-law is not having sufficient income to maintain her - Apparently, applicant does not withstand legal test u/ss 19, 22 of the Act - Moreover, applicant is working as..........
