Indian Penal Code, 1860, Section 376(2)(f), (i), (n), Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 10 -- Rape of daughter by her own father - Testimony of prosecutrix establishes that accused had sexually molested her even on previous day of date on which she narrated incident to her class teacher - First Information Statement of prosecutrix was..........
Agreement to sell -- Suit for specific performance - Absence of pleading in the plaint that plaintiff is ready and willing to perform his part of the contract - High Court on the basis of affidavit filed in first appeal, that plaintiff is ready and willing to perform his part of the contract, decreed the suit - Held, procedure adopted by High Court to straightaway rely..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of deceased - Deceased was in possession of heavy driving licence and driving such vehicle on the date of accident - Merely because wife of deceased failed to produce salary certificate of deceased, same does not justify adoption of lowest tier of minimum wage while computing income - No reason to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 32 years of age on the date of accident - Multiplier of 16 is thus, appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Deceased was 32 years of age at the time of accident and he was on fixed salary - 40% enhancement is to be made towards loss of future prospects - Deduction of 1/3rd is to be made from income of deceased towards his personal expenses - After applying multiplier of 16, claimants are entitled for..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Domestic violence - Monetary relief - Husband admittedly an executive of a reputed multinational Company earning about Rs.4,50,000 pm in Indian currency - Nothing on record that wife actually earned a sum that could sustain her - Amount of monetary relief payable to a wife would be a portion of..........
Insolvency and Bankruptcy Code, 2016, Section 7, Limitation Act, 1963, Section 18 -- Application u/s 7 of Code - Limitation - Acknowledgment of debt - Application u/s 7 of Code is filed beyond period of three years from date of default - However, Corporate debtor acknowledged the amount outstanding against him - Since such acknowledgement had taken place within initial..........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Computing of period of limitation - Relevant date for purpose of computing period of limitation u/s 468 Cr.P.C is `date of filing of complaint or institution of prosecution' and not the date on which Magistrate takes cognizance - Expression `date of institution' would also include within its ambit institution of..........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Computing of period of limitation is date of institution of prosecution - Complainant cannot be non-suited for any subsequent delay in taking cognizance, issuing process or any other action contemplated under law for which the informant/complainant has no control...........
Service -- Age qualification - Upper age limit notified in advertisement for appointment 35 years - Respondent No.2 who crossed 35 years on cut-off date as such not eligible for appointment - Scheme which gives relaxation of upper age limit from 2003 to 2004 cannot be made applicable to a selection which commenced by issuance of advertisement dated 29.11.2002 - High Court..........