State on ground of delay and laches cannot evade its legal responsibility towards those from whom private property has been expropriated. While the right to property is no longer a fundamental right, it is pertinent to note that at the time of dispossession of the subject land, this right was still included in part III […]
In this case there was enhancement in compensation under heads “future loss of earning” and “attendant charges” by applying multiplier method in case of 100% permanent disability. Held, the relevant factors include the prolonged hospitalization and regular medical assistance, nature of the injuries sustained, the operations underwent and the consequent pain, discomfort and suffering. Simultaneously,
Ss. 166 and 168 — Permanent disability claim Read More »
In order to protect women victims of domestic violence occurring in a domestic relationship, the expression “joint family” in the DV Act, held, cannot be restricted to its meaning as understood in Hindu law and, thus, expression “family members living together as a joint family, means the members living jointly as a family of any
To claim such a right, the accused must be able to demonstrate that the circumstances were such that there existed a reasonable ground to apprehend that he would suffer grievous hurt that would even cause death. Thus, necessity of averting an impending danger, held, is the core criteria for exercising such a right. In a
As benches of the ITAT exercise jurisdiction over more than one state, Explanation to Standing Order No. 1 of 1954 and Standing Order No. 1 of 1967 issued under the Rules prescribe that, the jurisdiction of the ITAT should be based on the location of the Assessing Officer. The same principle should apply for determining
Instead of depositing entire decretal amount as directed by High court, the deposit as directed by State Government of Rs 45,00,000 can be taken as sufficient compliance of direction issued by the High Court? Held, deposit of Rs 4500000 would meet the ends of justice. Thus direction of High Court to deposit entire decretal sum
Or. 41 Rr. 1(3), 5 and Or. 27 R. 8-A — Deposit of decretal amount for maintaining appeal Read More »
Independent income, younger age and/or bigger family of maternal aunt cannot be sole criteria to tilt balance and deny custody to grandparents when capacity and/or ability of grandparents to take care of their grandson, cannot be doubted. Gransfather stayed in metro city where minor had better educational prospects, as opposed to maternal aunt who stayed
Art. 226 — Writs — Habeas corpus — Custody of minor upon death of both parents Read More »
Admissibility of additional evidence under Or. 41 R. 27 CPC does not depend upon the relevancy of the issue on hand, or whether the applicant had an opportunity for adducing such evidence at an earlier stage or not, but it depends upon whether or not appellate court requires the evidence sought to be adduced to enable it to pronounce judgment
Expenses incurred by pharmaceutical company for distribution of incentives i.e. “freebies” to medical practitioners/doctors are not eligible for the benefit of S. 37(1) of the IT Act, 1961 It is also a settled principle of law that no court will lend its aid to a party that roots its cause of action in an immoral
Business or Revenue Expenditure Read More »
In this case, victim aged about 5 yrs, rendered paraplegic due to the accident, having suffered several injuries. He was not able to move both his legs and had complete sensory loss in legs, urinary incontinence and bowel constipation and bed sores. Loss of future earnings/future prospects, attendant requirement, assistant device, taxi/conveyance expenses, medical expenses,
Determination of Compensation in case of Permanent Disability S. 166 Read More »
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