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Legal Assistance LEGAL POSITION REGARDING ASSESSMENT OF COMPENSATION IN CASE OF DEATH OF HOUSEWIFE HAVING NO INCOME IN A MOTOR ACCIDENT CLAIM u/s 163-A OR 166 OF THE MOTOR VEHICLES ACT, 1988 INTRODUCTION :         The word compensation according to the dictionary, means ‘compensating or being compensated, thing given in recompense’. It may constitute actual loss or expected loss in a legal sense and may extend to physical, mental, or even emotional suffering, injury, or loss.           No amount of money can console the children whose mother has been snatched away by the wheels of a vehicle. However, the courts can make up for the tragic loss to some extent by awarding just, fair and reasonable compensation so that the loss of life becomes less painful.         So that there may be a reasonable expectation of pecuniary benefit, it is not necessary that the legal representatives ...

Legal Assistance Common Intention And Common Object Section 34 shall be fulfilled in cases where it is difficult to distinguish between acts in which an individual or a member of a party can prove that part of it has been taken for the furtherance of a common purpose. This section means that when two or more people do something, it is the same whether they do it together or separately. What constitutes a "common intention" is an intention that one of them knows and shares with another, which he or she has, and if it is not shared by the other, it becomes the same intention, and the person responsible for the crime in this case is subject to the common intention of both.       Chapter VIII of the IPC deals with breaches of public peace. Section 34 deals with situations where an offence requires a particular criminal intent or knowledge which must be committed by several persons. In that section, the Court held that evidence alone did not constitute a material off...

Legal Assistance Last Seen Together           The Supreme Court found that Shahzad Khan's evidence showed that the internal organs of the deceased Manoj were tied together with ropes and blood gushed out of his nostrils. It was noted that if the prosecution succeeded in proving that there is clear evidence that the deceased was last seen alive in the company of the accused and that reasonable conclusions can be drawn from this evidence, the burden of proof will pass to the accused under section 106 of the Evidence Act. The court found that there was no conclusive evidence or evidence to support the statements of the investigation and that the blood stain found on the crime weapon could not be determined.      The disclosure of the complainant under Section 27 of the Evidence Act following his arrest led to the recovery of the bicycle the deceased had ridden that night.       As we have said in the present case, the pu...

Legal Assistance Section 13B Hindu Marriage Act Mr Prakash Alumal Kalandari and Ms Jahnavi Prakash Kalandari decided before the Bombay High Court that a divorce petition filed by Simplicitor envoys under Section 13B of the law must convince the Court that the consent of both parties will continue to exist until the date on which the divorce judgment is issued. The decision in Sureshta Devi case was accepted by a three-judge panel of the Supreme Court of India in a separate case by Smruti Pahariya, in which the court claimed that the court's divorce decree was based on Section 13(b) of that law the continued mutual agreement of both parties. If one of the parties withdraws its consent, the court has no power to issue the decree with respect to the mandate of Section 13b of Hindu Marriage Act.   Paragraph 23 (1) provides that the mutual consent established in 1976 in the proceedings can be defended not only if the court is convinced that the divorce is sought on the basis of mut...