Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Age of appellant at the time of accident was 37 years - Computation of future prospects is to be done as per Pranay Sethi case - Since appellant had a permanent job, addition of 50% of actual salary to the income of appellant towards loss of future prospects ought to be calculated...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Enhancement of claim for pain and sufferings - Keeping in view the injuries suffered, `pain and suffering' caused, and life-long nature of disability afflicted upon the claimant/appellant request of appellant is justified and as such Rs.15,00,000 under the head of `pain and suffering' is..........
Specific Relief Act, 1963, Section 22(2) -- Specific performance - Relief of possession is inherent in the relief of specific performance of contract for sale - Therefore, in execution of a decree for specific performance, DH is entitled to possession over property even if no such relief was specifically claimed in the suit or granted under the decree...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of father - Eviction of son - Objection regarding proceedings instituted by father at the instance of other son - No evidence or material on record that proceedings instituted by father are proxy proceedings instituted by him for the benefit of other son - Merely because other son may..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of father - Eviction of son - Petition filed by father seeking eviction of son and his wife before District Magistrate is maintainable...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of father - Eviction of son - Summary proceeding under the Act may remain subject to the out come of any civil suit wherein larger issues and other rights may be involved - Therefore, merely because civil suit is already pending between parties, objection of petitioner that authorities..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Mere fact that lawyer was careless or negligent, that by itself cannot be a ground to condone long and inordinate delay, as litigant owes a duty to be vigilant of his own rights and is expected to be equally vigilant about the judicial proceedings pending in the Court initiated at his instance...........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchasers - Suit for specific performance - Onus is on subsequent purchaser to prove that he purchased the property in good faith and also bona fide purchaser for value...........
Specific Relief Act, 1963, Section 19(b), General Clauses Act, 1897, Section 3(2), Bharatiya Nyaya Sanhita, 2023, Section 2(11) -- Subsequent purchaser - Good faith - In order to come to a conclusion that an act was done in good faith it must have been done with due care and attention and there should not be any negligence or dishonesty - Each aspect is a complement to the..........
Hindu Succession Act, 1956, Section 14(1) -- Property of female Hindu - Property given in lieu of maintenance transforms into absolute ownership by way of S.14(1) of the Act...........
