Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Compensation - Appellants had claimed a total sum of Rs.38,34,000 and just and fair compensation that has been determined by Court is Rs.28,00,375 - Therefore, irrespective of appellants confining the claim in appeal to Rs.4 lakhs in addition to amount awarded by Tribunal i.e. 19, 55,250/-, appellants are entitled to..........
Limitation Act, 1963, Section 5, Hindu Marriage Act, 1955, Section 13 -- Condonation of delay - Delay of 166 days in filing appeal against ex parte decree of divorce - Husband solemnized second marriage after getting decree of divorce and at the time of second marriage no appeal was preferred by wife - Delay condonation application filed by wife along with appeal had..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Stay of decree for payment of mesne profits, passed jointly and severally against defendants - Stay order not reasoned - Therefore, it shall be open for plaintiffs to move a fresh application before appellate Court, praying for mesne profits as also for enhancement of mesne profits during course of appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Admission made by witnesses of defendant that defendant owns and is staying in a house close to suit property is sufficient proof that defendant was not in possession of suit property and is not residing in the property - Concurrent findings of Courts below that plaintiff is in..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Plaintiffs were not able to substantiate the fact that document was not available to them from the time of their filing the suit till the appeal has been filed - Requirements of O.41.R.27 CPC are not satisfied by plaintiff - Application dismissed...........
Criminal Procedure Code, 1973, Section 384 -- Condonation of delay - Delay in filing appeal - While considering a delay petition, Court cannot impose a condition to deposit part of amount covered by verdict impugned, as a pre-requisite to condone delay in filing an appeal...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Condition to deposit 50% of compensation amount while suspending the sentence is not justified taking into account the purpose and object of S.357 Cr.P.C...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Petitioner who was looking after the case was not completely bedridden during the relevant period - No evidence on record that petitioner was not in a position to instruct her advocate to pursue the matter - Except bald allegation against counsel, there is no material available on..........
Custody of child -- Visitation rights to father - Mother of child got remarried and also presently at Saudi Arabia - Child is in India with maternal grandfather - As regarding custody of child, same require consideration on merits at the time of final hearing of appeal - Since minor child needs love, affection, company and protection of both parents, which is his basic..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal against conviction subject to condition to deposit 20% of fine amount - Petitioner seems to be in financial distress - Looking at the financial condition of petitioner, directing him to deposit 20% of..........
