Special Marriage Act, 1954, Section 37(2) -- Maintenance to wife - Enhancement of - Maintenance @ Rs.10,000 p.m granted to wife six years ago - Changed circumstance in the case would be passage of time and cost of living - Husband earns Rs.1.5 lakhs to Rs.2 lakhs a months - Maintenance enhanced from Rs.10,000/- to Rs.20,000/- p.m from date of filing application...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(c), 29 -- Default bail - Contraband - Charge sheet filed within period prescribed but not accompanied by FSL report - Cannot be termed as defective or incomplete - Accused not entitled to default bail...........
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..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Spousal and parental consortium - Spousal consortium awarded Rs.44,000/- and towards parental consortium @ Rs.44,000/- each to three children thus, awarded...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total Compensation - Keeping in view various heads under which compensation is awarded to claimants, total compensation of Rs.25,91,388 with 9% p.a from date of filing application till date of payment of compensation to claimants awarded...........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Complaint decided on the basis of evidence recorded by predecessor Magistrate wherein entire memorandum of evidence of witnesses was recorded and not the substance of evidence - However, there was no order that matter would be tried as a summons case or as a regular trial - Does not vitiate the..........
Criminal Procedure Code, 1973, Section 110 -- Notice u/s 110 Cr.P.C - Mandate of S.110 Cr.P.C is not complied by issuing a show cause notice prior to issuance of notice u/s 110 Cr.P.C - Magistrate without making an enquiry on report and objection of petitioners, had directed petitioner to give security - Petitioners were not given an opportunity to defend themselves with..........
