Will -- Suspicious circumstances - Beneficiary of Will i.e. plaintiff was present at the time of execution of Will - Will appeared to be dubious document having been written on a piece of paper torn from a copy - Scribe of Will being close relative of testatrix does not know about age of testatrix - Plaintiff stated that testatrix was alright at the time of execution of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Age of appellant was 32 years at the time of accident - Multiplier of 16 rightly applied by High Court...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Age of appellant was 32 years at the time of accident - He is thus, entitled to 40% future prospects as per Pranay Sethi case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% functional disability - Claim for attendant charges - Appellant remained admitted in hospital for 25 days and had to undergo surgery post initial operation as well - However, considering the fact of mental disability to be suffered by appellant, who is now around 40 years old and the age of mother who is above 60..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% functional disability - Total compensation - Considering the age of appellant, his income, disability he suffered and claim under various heads, total compensation of Rs.52,31,000 awarded to appellant - Appellant will be entitled to get interest on the enhanced compensation at the rate of 6% as awarded by High Court...........
Indian Penal Code, 1860, Section 376 -- Rape - Victim left her house along with accused without informing her parents or any of her relatives - Age of victim was around thirty years at the relevant time - They got married and after their marriage, they lived together as husband and wife in the house of accused for one and half months - Victim did not raise any hue and cry..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Plea of juvenility - Accused was below 18 years of age as on date of incident - Although application for claim of juvenility has been filed subsequent to conviction order, but said application is maintainable - Conviction and sentence set aside - Accused acquitted...........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Suit u/s 18 of the Act - Interim maintenance - Matrimonial relationship between parties still subsists as there is no document on record to show that parties have been divorced - Wife is aged more than 70 years - She has pleaded that she is suffering from several old age related problems and also certain diseases -..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife is herself gainfully employed being a part of teaching faculty at a respectable institute having monthly income of about Rs.60,000 - Further keeping in mind the fact that the son born to the parties has attained the age of majority, a lump sum alimony of Rs.10,00,000 be paid to wife within a period of three..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Victim was recovered by police from the house of accused as per PW1 and PW2 - However, I.O. stated that victim was recovered near Railway station - No plausible explanation given for inordinate delay either in FIR or in evidence of witnesses - Main witness who is brother of victim was not examined during..........
