Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Non-framing of an issue - Suit dismissed without framing an issue that suit is bad for non-joinder of necessary party - Framing of issues is an important stage at which scope of trial is determined - Since no issue is framed, it is thus, proper to give an opportunity to plaintiff to implead said necessary party -..........
Special Marriage Act, 1954, Section 37(2) -- Maintenance to wife - Enhancement of - It is permissible for Court to grant enhancement of maintenance on changed circumstances - Changed circumstance need not be that wife should narrate every circumstance or her living, manner of living or explicit details for enhanced maintenance...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Determination - Income of deceased determined by Tribunal and High Court both by disregarding Income Tax Return of deceased - Deceased's annual income thus, be fixed at Rs.1,18,261 which is approx. Rs.9,855 p.m keeping in view deceased's Income Tax Return for the year 2009-2010...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deduction for personal expenses - Deceased is survived by 7 dependents - In view of Sarla Verma case and Pranay Sethi case, appropriate deduction for personal expenses for deceased ought to be 1/5th only and not 1/4th as applied by Tribunal and High Court...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 40 years of age at the time of accident and was self employed - He thus, entitled to addition of future prospects of 40% of his established income, as rightly awarded by High Court...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Increment on conventional heads - High Court while placing reliance on Pranay Sethi case though awarded Rs.70,000 under conventional heads and Rs.10,000 towards funeral expenses of deceased - However, High Court erred by not granting increment of 10% on conventional heads in every three years as directed in..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order taking cognizance - Court filled the words `cognizance' and `personal' in blank space which suggest that there is non-application of judicial mind - Order taking cognizance , set aside - Matter remitted back to concerned Court to pass afresh order in accordance with law...........
Criminal Procedure Code, 1973, Section 385 -- Appeal against conviction - Dismissed in default - Merely on account of non-appearance of counsel or accused before lower appellate Court/revisional Court, appeal/revision cannot be dismissed as it requires adjudication on merits...........
Mutation -- Mutation proceedings are summary in nature and is only for fiscal purpose and do not decide any right or interest of a party - Party can get his right declared in appropriate and regular forum and any such order passed by regular Court shall bind the parties...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201 -- Second bail application - Cheating - Accused placed on record zimini orders passed after dismissal of earlier bail application which are about 23 in number whereby trial Court repeatedly adjourned the case - Delay has been caused at the hands of prosecution - It is not a..........
