Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Assessment of income - Income tax returns - Cannot be treated to be the basis for coming to conclude that husband is not earning enough to pay the maintenance...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - A person not coming to Court with clean hands - Cannot expect sympathy from Court and rather draw an adverse inference against him about his income...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance - Husband physically handicapped before marriage - Plea that he has no source of income and was surviving at the mercy of his mother - Does not prima facie appears to be acceptable - As he must have some source of income or sufficient means in the family on strength of which he got married - Therefore, he has to share the..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20 -- Domestic violence - Wife neglected by husband without any reasonable cause - Husband admitted that he had not paid any maintenance allowance to wife and to her son for their survival, which amounts to domestic violence - No evidence on record that wife is self dependent and is having a proper..........
Protection of Women From Domestic Violence Act, 2005, Section 4(1) -- Application u/s 4(1) of the Act - Order directing revisionist to provide residential accommodation to opposite party No.2 and her son in the house or provide residence to them elsewhere as well as for making payment of Rs.1500/- per month to the opposite party No.2 for meeting the educational expenses of..........
Motor Vehicles Act, 1988, Section 168, 173 -- Compensation - Calculation - Income tax shall be deducted while making calculation of compensation by Tribunal - Appeal allowed...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of deceased - Deceased was 24 years old at time of accident - He was working in private company earning Rs.15,000/- p.m - High Court assessed income of deceased @ Rs.8000/- p.m - However, considering evidence on record, it will be just and proper to fix monthly salary of deceased @ Rs.10,000/- p.m...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Future prospects - Deceased was 24 years old at time of accident - He was working in private company and having stable job - 50% of actual salary income of deceased has to be added towards future prospects as deceased was below 40 years in view of Sarla Verma case - Gross income of deceased comes to Rs.15,000/- p.m...........
Partition -- Self acquired property - Defendants claiming C, E and H scheduled properties to be their self acquired properties - Documents on record shows that defendants have enough source of income to purchase the properties - Onus is on plaintiff to prove his case, which he has not done so - Properties held, proved to be self acquired properties of defendants, and thus,..........
Prevention of Money Laundering Act, 2003, Section 3, 5, 8, Constitution of India, 1950, Article 14, 19, 300A -- Rights of offender - Offence u/s 8 PML Act - Provisional attachment u/s 5 of the Act can be confirmed only after Adjudicating Authority affords opportunity to offender to establish his sources of income - However, question of confirmation of order of provisional..........
