Hindu Marriage Act, 1955 — Ss. 13(1)(i-a) and (i-b)
Considering the fact that both appellant and respondent are not staying together since May 2011 and that the husband has already remarried. There was concurrent findings of courts below on…
Companies Act, 2013 — Ss. 241 and 242 — When can be granted on grounds of, under S. 241(1)(a) r/w Ss. 242(1)(a) & (b)-Conduct of affairs of company prejudicial to public interest, or, to the company, or, prejudicial or oppressive to any member(s) of company
In a petition under S. 241, the true question to be asked by the Tribunal is whether removal of a Director/Executive Chairman tantamount to conduct which is oppressive or prejudicial…
Civil Procedure Code, 1908- S.9- Property Law- W.B.Municipal Act, 1996 (6 of 1996) S.217-Use and enjoyment of Property
R-3 sold ground floor of his two-storeyed building to appellant inter alia with common right to roof. R-3 decided to construct on the roof. Dispute pertaining to right of R-3…
Motor Vehicles Act, 1988 — S. 163-A(3) and Sch. II — Fatal accident of non-earning family member and fixation of notional income under Sch. II
Fixation of notional income of Rs 15,000 p.a. under Sch. II for computing compensation in this case of non-earning family member (minor aged 7 yrs), held, unjust and unreasonable due…
Motor Vehicles Act, 1988 — S. 166 — Fatal accident — Compensation – Effect of Failure to produce documentary evidence regarding monthly income of deceased in reckoning of Income of deceased and parents entitled to compensation though living separately
In absence of documentary evidence on record, some amount of guesswork is required to be done. But at the same time, held, the guesswork for assessing the income of the…
Evidence Act, 1872 — S. 27
Principles summarised regarding when conviction exclusively based upon disclosure statement of accused and resultant recovery of inculpatory material is permissible. Robbery under sec 392 and 397 of Penal Code, 1860-…
Penal Code, 1860 — Ss. 302/34 or Ss. 120-B/302
In this case, accused was not shown to share common intention to murder nor was a party to conspiracy to murder. Neither was involvement in any conspiracy to murder proved…
Penal Code, 1860 — Ss. 302/34 — Murder of one person by shooting him with firearm — Culpability of accused who gave exhortation to murder
In this case, common intention to murder was established against Accused 2 who had exhorted Accused 1 to shoot deceased dead with the firearm. Hence, it was held that Accused…
Penal Code, 1860 — Ss. 302/34 — Identification of accused when assailants are not known to the eyewitnesses who witnessed the incident/assault
Manner in which is required to be done: In this case of murder by shooting from pistol, it was held that alleged involvement of appellant-accused and two other co-accused in the…
Criminal Procedure Code, 1973 — S. 439 — Bail
Grant of bail without considering relevant aspects and recording reasons is not justified. Law summarised regarding principles for grant of bail and considerations to be balanced therefore. Held, though detailed…