Hindu Succession Act, 1956, Section 8 -- Property of a Hindu Male dying intestate - Son who inherits his father's assets u/s 8 of the Act does so in his individual capacity and not as a Karta of Hindu Undivided Family...........
Allotment of plot -- Original allottee alleged to have obtained the allotment and sale deed of plot in question by submitting a wrong affidavit that he does not possess any building or plot in the areas of operation of society - However, mere living in a particular house by itself would not mean that said house is under ownership of person living therein in his individual..........
Criminal Procedure Code, 1973, Section 357 -- Compensation - Amount of compensation is to be determined by Courts depending upon facts and circumstances of each case, nature and gravity of offence and capacity of accused to pay - Compensation cannot be awarded merely at whims and caprice of a judge...........
Indian Penal Code, 1860, Section 380, Criminal Procedure Code, 1973, Section 357(3) -- Offence u/s 380 IPC - Conviction - Compensation to complainant - Trial Court while awarding compensation neither conducted any inquiry to determine paying capacity of accused nor any reason has been assigned - No sufficient material before trial Court to assess capacity of accused to pay..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Physical disability - Compensation - Loss of earning capacity - Appellant was working as a gunman - On account of amputation of his right leg above knee, he was terminated from service - This is his functional disability - Appellant was 50 years and 5 months old - Considering said fact Tribunal rightly assessed loss of..........
Evidence Act, 1872, Section 118 -- Child witness - Child of tender age can be allowed to testify, if he has intellectual capacity to understand the questions and give rational answers...........
Agreement to sell -- Specific performance - Readiness and willingness - Readiness is the capacity to raise funds and willingness is mental attitude of plaintiff - Both go together and if same is not established on record, then relief of specific performance cannot be granted...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has made no attempt to raise funds to pay remaining portion of sale consideration within the period of agreement - Even, at the time of filing suit or after filing of suit, no attempt was made by plaintiff to show that he has capacity to pay balance sale consideration and to get sale deed..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - While considering transfer of a matrimonial dispute at the instance of wife, Court is to consider the family condition of wife, custody of minor child, economic condition of wife, her physical health and earning capacity of husband and most important convenience of wife i.e she cannot travel alone..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial capacity - Not questioned at the very first instance by not replying the statutory notice - In such situation burden to prove case beyond reasonable doubt cannot be shifted upon complainant - Statutory presumption u/s 139 of the Act continued and it was for accused to discharge the onus by..........
