Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Deceased was 32 years of age at the time of accident and he was on fixed salary - 40% enhancement is to be made towards loss of future prospects - Deduction of 1/3rd is to be made from income of deceased towards his personal expenses - After applying multiplier of 16, claimants are entitled for..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Domestic violence - Monetary relief - Amount of monetary relief payable to a wife would be a portion of husband's income in whichever currency husband wishes to describe the same...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Domestic violence - Monetary relief - Husband admittedly an executive of a reputed multinational Company earning about Rs.4,50,000 pm in Indian currency - Nothing on record that wife actually earned a sum that could sustain her - Amount of monetary relief payable to a wife would be a portion of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Warrant for imprisonment - Husband was ordered to pay maintenance of Rs.8000 to wife and daughter - However, husband paid a paltry sum of Rs.10,000 towards part payment and failed to pay balance amount of maintenance - Husband has sufficient means to maintain wife and her daughter but..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Adjustment of interim maintenance amount granted to wife u/s 125 Cr.P.C. - Maintenance pendente lite granted to wife u/s 24 of the Act Rs.2500/- p.m. - Interim maintenance granted to wife u/s 125 Cr.P.C. is Rs.1500/- p.m. and Rs.1,000/- each to two daughters - Thus in totality Rs.6,000/- per month would be..........
Insolvency and Bankruptcy Code, 2016, Section 7, Limitation Act, 1963, Section 18 -- Application u/s 7 of Code - Limitation - Acknowledgment of debt - Application u/s 7 of Code is filed beyond period of three years from date of default - However, Corporate debtor acknowledged the amount outstanding against him - Since such acknowledgement had taken place within initial..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Accused was in financial distress and it is in such event he had offered to sell his house for which advance payment was made by complainant - Subject cheque was issued towards repayment of a portion of the advance amount since sale transaction could not be taken forward - Order of conviction..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Plea of accused is that he had issued dishonored negotiable instrument to complainant only as a security for liquidating - Complainant for rebutting presumption had made dependence on statement of account and appertaining to opposite borrowings and therein a nil balance is shown -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Eight cheques issued - Case closed - All eight cheques dishonoured - The only option available to the complainant is to file execution case before the same Judge for execution of the order in terms of compromise for recovery of amount mentioned in the cheques - Court ought to register a..........
Land Acquisition Act, 1894, Section 23, 34 -- Acquisition of land - Compensation - Interest - Possession of land acquired was taken in the year 1984/1992 - However, there is no evidence that such land was being put to use by landowners even prior to taking of possession by State - But fact remains that possession was taken without payment of compensation depriving..........
