Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Where defendant files application seeking sending document to expert for comparison of signature, defendant shall aver in affidavit about his admitted signatures, on authentic documents available for comparison - Without making available admitted signatures, ordering interlocutory application..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376DA, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape of 14 years old girl - Delay in lodging FIR - Mere delay in lodging FIR will not help accused in their prayer for bail - Keeping in view age of victim and she having been allegedly put into fear of life,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376DA, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape of 14 years old girl - Offences alleged against accused are of serious and heinous nature - No plausible reason has been made out at this stage to cast any doubt on prosecution story - Investigation of case..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2) -- Dishonour of cheque - Non furnishing list of witnesses - Issuance of process - Provision of S.204(2) Cr.P.C. is mandatory but this by itself does not vitiate the issue of process or jurisdiction of Court - Moreover, S.145 of N.I. Act which is pari materia to S.254(2) Cr.P.C..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 45% permanent disability - Notional income of appellant - Appellant was in business of selling utensils and used to travel to various villages to sell the same - Due to disability in the form of paraplegia being suffered by appellant, it is not possible for him to walk a long distance or stand for a long period - Business..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 45% permanent disability - Attendant charges - Appellant suffered from paraplegia on account of accident and requires an attendant throughout the day - Claim of Rs.4500/- p.m - Rs.2,000/- fixed as cost of keeping the attendant - Rs.4,32,000/- is thus, appropriate as attendant charges...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 45% permanent disability - Future medical expenses - Appellant was 19 years old at the time of accident and now he is 29 years old - Considering the fact that he would be incurring costs towards medical expenses in future along with physiotherapy and nursing, a bare minimum of Rs.1000/- is spent per month - Amount of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 45% permanent disability - Litigation expenses - Accident took place in 2012 - Appellant is pursuing this litigation for past almost 10 years - Rs.50,000/- is thus, awarded towards litigation expenses...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 45% permanent disability - Total compensation - Taking into account the age of appellant, unusual deprivation he suffered and various heads under which he is entitled to compensation, amount of Rs.21,78,600/- thus, awarded as total compensation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 45% permanent disability - Non-pecuniary loss - Pain and sufferings would be categorized as a non-pecuniary loss as it is incapable of being arithmetically calculated - Therefore, when compensation is to be awarded for pain and sufferings, special circumstances of claimant have to be taken into account including the..........
