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Showing posts with label Tripura high court. Show all posts
Showing posts with label Tripura high court. Show all posts
Sunday, 17 August 2025

Tripura HC: Whether the court can treat deceased as moneyed person for the purpose of computation of compensation if he had a Car?

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 Coming to the question of quantum. The first issue to be decided is what was the income of the injured.  The claimant-injured claimed that ...
Sunday, 30 March 2025

Tripura HC: Multiplier of 5 should be applied while granting compensation under Motor accident if deceased was aged more than 70 years

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 According to the Pension Payment Order book, on the date of the accident, the age of the deceased was 78 years. So, in terms of the multipl...
Sunday, 17 March 2024

Tripura HC: Formal defect’ for the purpose of withdrawal of suit must be given a liberal interpretation meaning various kinds of defects not affecting merits of plea

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What is a “formal defect” has been explained by the Apex  Court in a recent decision rendered in case of V. Rajendran and another  versus An...
Sunday, 26 February 2023

Whether certified copy of sale deed is deemed to be proved if it is exhibited without objection from other side?

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 But, here, the question is, whether the plaintiffs have been able to prove the contents and execution of the sale deed they adduced as evid...
Friday, 10 September 2021

Whether a suit for declaration of legal heir is triable by Civil Court or by a Family Court?

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           In the case at hand, the plaintiff-petitioners instituted the suit under Section 34 of the Specific Relief Act seeking declaratio...
Sunday, 7 March 2021

Whether denial of maintenance amount to wife amounts to economic abuse as per the domestic violence Act?

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  In this case, the wife who filed the application under Section 12 of the DV Act in the trial court is obviously an aggrieved person within...
Saturday, 13 February 2021

Whether denial of maintenance to wife amounts to economic abuse to her within the meaning of the Domestic violence Act?

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  In the present case, obviously the wife is legally entitled to maintenance allowance from her husband who is a salaried government employe...
Monday, 2 November 2020

Whether the government can refuse to grant medical reimbursement to govt servant if he has failed to obtain referral order before taking medical treatment?

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The reply of the Government is short and opposes the prayer of the petitioner on two grounds. Firstly that there was no referral order  allo...
Sunday, 3 March 2019

Whether principle of res judicata is applicable even if subsequent suit is filed by different party?

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  It is in this background, we notice that the subsequent suit, may be by another person, but dealing with the very same subject matter, i...
Tuesday, 20 June 2017

Whether final decree for partition can be challenged if preliminary decree is not challenged?

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Preliminary decree is undoubtedly an appealable decree. Section 97 of CPC is in the following terms: "97. Appeal from final decree ...
Thursday, 4 May 2017

Whether accused can be acquitted on ground that prosecution witnesses gave contradictory evidence?

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  A mere statement that the accused-appellant Jhuma was involved in illicit act of prostitution and that she insisted Ashalata to involv...
Saturday, 31 December 2016

Whether Judge can be arrested without following guidelines laid down by Supreme court?

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We are mainly concerned with the independence of the Judiciary. That is much more important than any individual dispute or one parti...
Tuesday, 22 November 2016

Whether police can insist illiterate informant to give FIR in writing written by someone else?

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Section 154 of CrPC contemplates that if the information is given orally to the officer in-charge of a police station it shall be reduc...
Tuesday, 16 August 2016

Whether under muslim law female can perform act of Mutawalli?

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It is not disputed that under Mahomedan Law a female also can perform the act of Mutawalli. If a female can perform the act of Muta...

When wakf will be wakf-alal-aulad that is private wakf?

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Wakf may be created by Muslim generally falls into two categories. One is public Wakf in the sense that the beneficiaries are members o...

Whether jurisdiction of civil court is barred in respect of dispute relating to wakf property?

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In view of the provisions laid down in the Wakf Act and the law explained by the apex Court in Anis Fatma Begum(supra) the civil Court is...

When mother will be preferred for grant of custody of child?

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Even if the child is living with the father, the father and the family members of the father should tell the child to love and respec...
Monday, 15 August 2016

Duty of court while dealing with child custody matter

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Here comes the role of Judges who handle such matters. A child of such tender age has to be handled in a manner where the child finds ...
Tuesday, 19 July 2016

When doctrine of laches will act as bar for getting relief from court?

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“The doctrine of laches” is based upon maxim that equity aids the vigilant and not those who slumber on their rights. It is defined as ...