Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Deceased aged 48 years - Respondents being claimants would be entitled for compensation to be reckoned on basis of loss of dependency, due to loss of gross salary of deceased and future prospects and deduction of 1/3rd amount towards personal expenses of deceased - Multiplier `13' applied by Tribunal..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise between parties - Complainant filed affidavit stating therein that he does not want to pursue litigation and he has entered into agreement with accused out of his own free will and without any coercion or undue pressure from accused - Offence compounded - Conviction set aside...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 469, 294, 120B, 201, 384, Information Technology Act, 2000, Section 66D, 67, 67A, 67E -- Cancellation of bail - Complaint regarding misuse of concession of regular bail/anticipatory bail not filed with the police authorities - Affidavit of DSP regarding details of investigation carried out..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Plea of purchase of property from defendant Nos.4 & 5 - However, in the accompanying affidavit particulars not given as to from whom proposed respondents purchased the suit schedule property and under which document - Application rightly rejected...........
Matrimonial litigation -- Furnishing of affidavit of assets, income and expenditure - Family Courts directed to insist upon parties to furnish affidavit of assets, income and expenditure in prescribed format in matrimonial cases - However, Court may also dispense with said requirement of furnishing affidavits especially in cases where parties belong to lowest strata of..........
Matrimonial litigation -- Furnishing of affidavit of assets, income and expenditure - Directions issued to Family Courts in the States of Punjab, Haryana and Union Territory of Chandigarh and also to all Courts handling matrimonial litigation in the said states that : (i) Courts shall insist upon parties to furnish "Affidavit of assets, income and expenditure" in given..........
Rajasthan Rent Control Act, 2003, Section 21 -- Powers of Rent Tribunal - Application of Legal Representatives of original tenant for taking his affidavit on record - Dismissal of - Validity - Original tenant submitted his affidavit in defence - Factum of death of original tenant was also before Appellate Tribunal - In case LRs of tenant was allowed to file the affidavit..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Disputed signatures - Agreement to sell executed between parties - Complainant contended that accused played a fraud with him as at the time of entering into agreement to sell, land in question was already acquired by State, therefore accused had no authority to sell the land even on basis of SPA - Accused..........
Indian Penal Code, 1860, Section 302, 148, 149, 147 -- Murder - Non-examination of material witnesses - Neither `D' in whose house occurrence took place nor his wife who came immediately after the occurrence were examined - However, presence of `D' is not established and his wife reached immediately after occurrence - Wife of `D' filed an affidavit in trial Court in which..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Timing of registration of FIR - DGP Punjab is directed to issue instructions that no FIR shall be registered showing time `00 hours to 00 hours' as regards any occurrence, unless of course occurrence actually takes place within that time i.e between 00.00 hours to 00.59 hours - However, if there are any cogent reasons, as..........
