Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of insurance company - Offending vehicle as per the certificate of registration is a utility vehicle and permit issued is of a contract carriage - Package policy was issued by Insurance Company after looking at certificate of registration and permit issued and it has been clearly specified that..........
Limitation Act, 1963, Section 5 -- Condonation of delay in filing appeal - Land acquisition proceedings - Delay is not a reason to deny land losers their compensation which is just, fair and reasonable for the land they have lost, particularly when delay caused without fault of land losers - Delay condoned...........
Partition suit -- Barred by limitation - Part of suit land was acquired and defendant received the compensation - Plaintiffs have specifically pleaded on 16 July 2010 that they learnt that defendant has withdrawn the compensation amount - Defendant has not produced on record any material to show that plaintiffs were made known with respect to withdrawal of compensation..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in making payment pursuant to SC`s order - Proceedings under Mines and Minerals Act - Compensation amount as ordered by SC u/s 21(5) of MMDR Act is fully paid by company along with interest in respect to all mining leases - Since interest is stated to have been paid for period of delay, delay held, condoned -..........
Limitation Act, 1963, Section 12(4), Article 76, Civil Procedure Code, 1908, Order 7, Rule 1 -- Malicious prosecution - Suit for damages - Limitation prescribed is one year - Exclusion of time in legal proceedings - Order of acquittal passed on 23.04.2014 and suit for compensation instituted on 23.06.2015 - Nothing on record in regard to the time consumed in obtaining..........
Railways Act, 1989, Section 124A, Limitation Act, 1963, Section 5 -- Compensation - Condonation of delay - Delay of 557 days - Absence of any provision of Railways Act providing for condonation of delay in filing claim application is of no consequence nor can respondent be heard to say that in absence of any such provision providing condonation of delay in Railways Act,..........
Criminal Procedure Code, 1973, Section 357(2) -- Appeal - Payment of compensation - Embargo contained in S.357(2) Cr.P.C. differs or withholds utilization of amount of compensation awarded till limitation of appeal elapses or if filed till it is decided - Sentence awarded by Court including sentence of fine is in no way affected by such embargo - Therefore, it does not..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Relief of compensation sought as alternative relief by way of amendment of plaint - Alternative relief of compensation can be claimed at any stage of proceedings as per S.21(5) of Specific Relief Act - Law of limitation does not..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Claim petition - Dismissal of petition - Delay of 16 years in filing claim petition - There is no limitation prescribed in law for filing application for compensation - However, no explanation by claimants as to why they remained silent for 16 years if accident had occurred due to negligence of respondents -..........
Land Acquisition Act, 1894, Section 18(2)(As -- Reference - Limitation - Appellants accepted compensation under protest on point of sufficiency of compensation - Specific request for reference u/s 18 of the Act, indisputably made within six months, as required u/s 18(2) of the Act - Request of reference made on proper application...........
