Sunday, 24 February 2019
Undue Influence—Merely because the parties are related to each other or merely because the executant was old or of weak character, no presumption of undue influence can arise Redemption of Mortgage—High Court has passed a decree for redemption of mortgage simpliciter without following the provisions of CPC—Impugned order set aside-- Muslim Law—Oral Gift—Conditions for making valid oral gift under the Mohammedan law are:- (i) there should be wish or intention on the part of the donor to gift; (ii) acceptance by the donee; and (iii) taking possession of the subject matter of the gift by the donee.
Second Complaint—There is no provision in the Criminal Procedure Code or any other statute which debars a complainant from making a second complaint on the same allegations, when the first complaint did not lead to conviction, acquittal or discharge Second Complaint—The failure to mention the first complaint in the subsequent one is inconsequential—Mentioning of reasons for withdrawal of an earlier complaint is also not a condition precedent for maintaining a second complaint.
Saturday, 23 February 2019
Accident—Personal Expenses—Where the family of the bachelor is large and dependent on the income of the deceased, his personal and living expenses maybe restricted to one-third, as contribution to the family will be taken as two-third. Accident—Just Compensation—More than claimed—Court is duty bound and entitled to award "just compensation", irrespective of whether any plea in that behalf was raised by the claimant or not. Accident—Filial Consortium—It is the right of the parents to compensation in the case of an accidental death of a child—An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. Accident—Interest on Compensation—Deceased was aged 24 years and his income assessed as that of unskilled worker—Compensation awarded with 12% interest p.a. from date of filing claim petition.
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