Motor Vehicles Act, 1988, Section 170,173 -- Compensation - Appeal - Maintainability - Appeal held not maintainable against quantum of compensation by insurer, without obtaining leave under Section 170 of the Act, upon invocation of the reservation clause in the policy relating to subrogation...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Scope - The existence of a 'substantial question of law', is the sine qua non for the exercise of jurisdiction by the High Court under the amended provision of S.100 CPC - High Court can exercise its jurisdiction u/s 100 CPC only on the basis of substantial questions of law which are to be framed at the time of..........
Punjab Land Revenue Act, 1887, Section 13 -- Appeal - Dismissal in default - Restoration application also dismissed in default - Wilfully absent not once but twice - No option but to dismiss both times in default of absence - Merely adopted dilatory tactics - Ex parte order upheld...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23-A -- Remand to Tribunal under Punjab Town Improvement Act by two different judgments of Supreme Court - Supreme Court in earlier judgment while remanding the matter had duly taken note of other questions raised in the appeal and had left them open - These questions were neither decided by Supreme Court nor disallowed on any..........
Chandigarh Consumer Protection Rules, 1987 -- Dismissal of complaint for non prosecution - Appeal for setting aside the same - Absence of complainant and Advocate due to noting down a wrong date of hearing - With a view to grant reasonable opportunity to the complainant-appellant impugned order set aside...........
Indian Penal Code, 1860, Section 302, 304(Part II), 34 -- Murder - Conviction u/s 302 - Appeal against - Act done with knowledge that it is likely to cause death - Deceased died in a dispute over payment of Rs. 20 - No evidence to prove any premeditation to cause death - Entire event appears to have taken place on spur of moment - Appellants alleged to have assaulted..........
Indian Penal Code, 1860, Section 302 -- Conviction - Appeal against - Case based on circumstantial evidence - Appellant and co-accused hired taxi and reached hotel, stayed there over night and next day dead body of driver recovered in hotel room - PW-10 proved that both accused had hired taxi - Waiter boy of hotel who had seen last appellant and co-accused leaving hotel..........
Consumer Protection Act, 1986, Section 15 -- Appeal - New plea - Claim repudiated on the ground of suppression of material fact about pregnancy - Plea raised before the State Commission in appeal that life assured was house wife while in proposal form she has shown herself to be a teacher - Held that LIC cannot be permitted to take this ground of defence for the first time..........
Civil Procedure Code, 1908, Section 100, 2(2), 115, Order 41, Rule 3, 3-A, 35, Limitation Act, 1963, Section 5 -- Dismissal of appeal as time barred consequent upon dismissal of application for condonation of delay - Not a decree - When it is not decree, question of second appeal does not arise - Such order is not appealable, but only revisable...........
Civil Procedure Code, 1908, Section 2(2), Limitation Act, 1963, Section 5 -- Dismissal of appeal as time barred consequent upon dismissal of application for condonation of delay - Is not a decree - Decision of Court becomes decree only if there exists adjudication of all or any of disputed matters in suit...........
