Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 357A -- Aggravated penetrative sexual assault - Compensation to victim - Guilt of accused proved - Having regard to age of victim at the time of offence i.e. 11 years, nature of abuse she has been visited with and constitutional obligation to provide meaningful redress,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of deceased - Deceased was having diploma in Pharmacy though the exact remuneration is not substantiated - He is found to be in a partnership of pharmaceutical distributorship and associated with a Cooperative Bank - Deceased was also running a medical shop, though prior to date of accident licence..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Multiplier - Deceased was 43 years of age at the time of accident - Multiplier of 14 is thus, appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Future prospects - Deceased was 43 years of age at the time of accident and not in a regular employment - 25% future prospects adopted by High Court is perfectly in order as per decision in Pranay Sethi...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deductions - Family of deceased consisted of 4 dependants - 1/4th deduction made is thus, correct...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Taking into account the age of deceased 43 years at the time of accident, multiplier of 14, loss of estate and funeral expenses @ Rs.15,000 each, 1/4th deduction made since his family consisted of 4 dependants and various other heads under which claimants entitled to compensation, total compensation @..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Death of mother and her new born child after delivery - Medical evidence on record and opinion expressed by doctors and experts who consulted medical Boards/Committees, clearly tilted the balance in favour of doctor, as none of them found any medical negligence on her part - Moreover, these medical bodies..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Plea of juvenility - An entry relating to date of birth made in a school register is relevant only when there is a primary evidence with respect to date of birth available on the record - In other words, there must be material to show as to on what basis entry regarding age was made in school..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Plaintiffs seek blanket permanent injunction to restrain defendant bank from interfering with their peaceful possession and enjoyment of property - Suit cannot be maintained since such a blanket prayer for permanent injunction cannot be granted - However, it is always open to plaintiffs to modify the prayer..........
Arms Act, 1959, Section 17(3) -- Cancellation of fire arms license - Mere pendency of criminal cases is not sufficient ground to cancel the firearm license...........
