Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of firearm - Discrepancy on the mode of travelling to place from where recovery u/s 27 of Evidence Act was made along with witnesses - Contradictions were found with respect of place of arrest followed by disclosure statement - Ballistic report is inconclusive with respect to firearm..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of notional income of deceased - Deceased was a homemaker at the time of incident - She remained without employment for a period of approximately three years and what she earned prior to that ought not to have been treated to be her monthly income to arrive at just and proper compensation..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deduction towards personal expenses - Two minor children of deceased at the material point of time treated as dependent family members even if Court leave husband of deceased from being treated as dependent - Both the children were minor at the relevant time - Deduction of 1/3rd of determined income of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 37 years old at the time of accident - Multiplier of 15 ought to be applied...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 37 years old at the time of her death - There ought to be addition of 40% to notional income of deceased towards future prospects as she was below 40 years of age...........
Indian Penal Code, 1860, Section 302, 394, 32 -- Murder and robbery - Identification of accused in Court room - PW1 has specifically and categorically admitted in cross-examination that it is incorrect that accused were known earlier - In that view of matter conducting of TIP was necessitated and it is not safe to convict accused solely on their identification by PW1 for..........
Court Fees Act, 1870, Section 7 -- Court fee - Partition suit - When separate possession is claimed by plaintiff through partition by metes and bounds to the extent of her share, plaintiff is liable to pay Court fee only with regard to value of her share at the time of passing of final decree...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Limitation - Dispute between parties arose in the year 2007 whereafter applicant for first time sent a legal notice to respondents for appointment of arbitrator whereupon respondents responded by their letter asking applicant to deposit necessary 10% of claim amount failing which it would..........
Criminal Procedure Code, 1973, Section 231 -- Examination of prosecution witness - Dismissal of application - Offence u/s 109 IPC and Ss.13(1)(e), 13(2) PC Act - Accused wants to put questions with regard to contents of documents which cannot be permitted as the same is to be seen and appreciated by trial Court at time of final arguments as PW40 is not the person who..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - PWs 4 & 5 stated that when they were playing in front of house of deceased, she was washing cloths and subsequently by 10 am went inside and closed doors - There was no one in the house at the relevant time except deceased - Door was forced open to get deceased out and she was laid in the..........
