Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of parental consortium - Amount payable under head parental consortium shall not exceed Rs.40,000 qua a single child in view of Praney Sethi case - Amount of Rs.1 lakh each granted by High Court to claimants under head of love and affection require to be deducted and at the same time Rs.40,000 each out..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m) -- Penetrative sexual assault - Does not require deep or complete penetration for the purpose of relevant provision - Slightest amount of penetration would suffice for the purpose...........
Protection of Children from Sexual Offences Act, 2012, Section 5(m) -- Penetrative sexual assault - Appellant ought to have been medically examined to ascertain whether he was capable of maintaining an erection, given the age attributed to appellant at the time of commission of offence - However, merely because the investigating agency may not have been alert would not..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m) -- Penetrative sexual assault - Victim an 11 years old girl recounting an incident that had taken place four years earlier and corroborating almost to the finest detail, statement that she had contemporaneously rendered u/s 164 Cr.P.C - Statement of victim comes through as natural and believable - There is..........
Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010, Section 12(1), Criminal Procedure Code, 1973, Section 482, Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A -- Quashing of complaint - Marriage was solemnized in Jammu and thereafter couple shifted to Germany and became citizens of Germany and being citizens laws of Germany would be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376 -- Quashing of proceedings - Production of call record details to contend that accused was not present at the time of occurrence - Proceedings cannot be quashed when there are disputed questions of fact which require evidence...........
Agreement to sell -- Specific performance - Plea of hardship - Defendants have specifically stated in their written statement that except suit land they have no other piece of land and they require suit land for their own residential purpose and they cannot expect to dispose of their only piece of land and building standing thereon which would render them homeless,..........
Stamp Act, 1899, Section 35 -- Stamp duty - Agreement to sell - Suit for specific performance - Document that is required to be registered and which contains a recital of delivery of possession, would also require to be stamped as per provisions of the Act - Order of trial Court in impounding agreement to sell and directing plaintiff to pay deficient stamp duty on..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Solitary ground that cheques were stolen would be in the realm of disputed question of fact and would require evidence of parties - Petition for quashing cannot be entertained at this stage owing to existence of triable issues -..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 101A -- Release of land - Utility of acquired land was there and in no circumstances it can be said that acquisition was not made for public purpose - Therefore, rejection of representation u/s 101-A of the Act does not require any interference...........
