Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Proof of income - Income of deceased alleged to be Rs.12,500/- p.m. from agricultural and business as Commission Agent - No reliable document available in proof of income - High Court assessed income of Rs.3000/- from commission Agent and Rs.4000/- as agricultural income on guess work - Order upheld - Held,..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Child - Interest of minor son alongwith wife has to be taken care of by the court while granting maintenance pendente lite - Maintenance of child is not the sole responsibility of wife when husband is alive and is having sufficient source of income - Husband drawing salary of Rs.15, 853/- - No proof as to..........
Rent and Eviction -- Rent - Rate of - Proof - Rate of rent proved by landlord - Non production of Income-tax return is inconsequential to prove the rent. (Haryana Urban (Control of Rent & Eviction) Act, 1973, S.13(2)(i)...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Section 151, Order 33, Rule 3 -- Interim maintenance - Marriage not disputed - Husband in good status at USA - Wife employed prior to marriage and made to leave job with promise to settle at USA - Husband not producing proof of his exact income - Giving only expenses and saving only 900 US..........
Hindu Law -- Joint Family Property - When a property is purchased from out of the joint family nucleus in the name of a member of the coparcenary, such property should be treated to be the joint family property - Where property purchased in the name of Karta, and there is no proof relating to independent source of income of Karta, the property can be taken to be joint..........
Civil Procedure Code, 1908, Order 33, Rule 5, 1(a) -- Permission to sue as indigent person - Court shall give notice to the opposite party - If there is no reason to reject the application, after the enquiry contemplated under O.33.R.1(a), it shall issue notice to the opposite party, or the Government Pleader to adduce evidence - Burden of proof as regards income is on the..........
Adverse possession -- Co-owner - Mere exclusive possession or non-participation of income by true owner will not prove ouster or adverse possession - Sale of property by one co-owner - Plaintiff cannot be fixed with knowledge of those documents simply because these are registered documents - Registration of the documents by itself cannot operate as notice to the plaintiff..........
Hindu Law -- Partition - Manager claiming certain item as his separate property - Onus lies on him to prove - In absence of positive proof, it cannot be considered to have been purchased from his separate income...........
Adverse possession -- Amongst co-sharers - In the case of co-owners the law requires to constitute ouster, proof of something more than mere exclusive possession and exclusive receipt of income - Alongwith exclusive possession, there must be a hostile, open denial and an open repudiation of other co-owner's right to the latter's knowledge - The co-owner, as such, in..........
