Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(2)(N) -- Bail - Rape of minor daughter by her own father - Medical examination report of victim shows that she was subjected to sexual intercourse - Accused was capable to perform sexual intercourse as per his medical report - Incarceration of accused is necessary in the interest of..........
Agreement to sell -- Refund of earnest money - Alternative relief of refund of earnest money alongwith interest in a suit for specific performance cannot be opted by Court without assigning good and cogent reasons...........
Civil Procedure Code, 1908, Section 11 -- Res judicata between co-defendants - Four conditions must be satisfied for applicability of doctrine of res judicata between co-defendants : (i) There must be conflict of interest between defendants concerned; (ii) it must be necessary to decide the conflict in order to give the relief which plaintiff claims; (iii) question between..........
Service -- Salary and benefits - AYUSH doctors and Doctors under CHS - Action on the part of appellants by not paying salary and due benefits to AYUSH doctors, while their counterparts in CHS systems received salary and benefits in full held, discriminatory - Respondent doctors held, entitled to their full salary arrears with 6% interest from date of order until date of..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of Minor's property by mother - Permissibility - Mother intended to dispose of minor's property and purchase a flat in joint names of herself, her daughter and minor son - By purchase of flat she can avoid payment of rent every month to a third party and she can comfortably educate her children and save certain..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant could not keep track of case due to transfer of civil suit from one Court to another - Ex parte decree passed against defendants is for an amount of Rs.2,60,000 with interest @ 6% p.a - However, defendants have shown their bona fides by depositing an amount of Rs.2,60,000 into bank..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Income of deceased - Admittedly, deceased was a driver of a school bus and he was also owning a lorry which had a goods carriage permit - In such circumstances, merely considering salary of deceased as a driver and not the additional income which he would be earning, cannot be justified - Moreover,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Respondent after the accident would be unable to move without assistance and is also unable to perform his daily activities - Claim petition was for total sum of Rs.95,00,000 - Instead of making minute calculation undertaken by High Court, it is just and proper to award a sum of Rs.95,00,000 as total..........
Insolvency and Bankruptcy Code, 2016, Section 5(8) -- Financial debt - S.5(8) of the Act, does not expressly exclude an interest free loan - Financial debt therefore, would have to be construed to include interest free loans advanced to finance business operations of a corporate body...........
Consumer Protection Act, 1986, Section 12 -- Allotment of residential flat - Non-delivery of possession - Interest on refund of consideration amount - Subsequent purchaser who steps into shoes of an original allottee of a housing project on which builder has not honoured its commitment to deliver flat is entitled to relief of interest on refund of consideration amount...........
