Commercial Courts Act, 2015, Section 12A -- Pre-institution mediation - Order granting dispensation of mandatory requirements of pre-institution mediation - No reasoning was assigned by Commercial Court while dispensing with mandatory requirements of application u/s 12-A of the Act - Rather contents of application u/s 12-A of the Act are contrary to reasoning assigned..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was a pensioner and there was no evidence of any independent source of income - High Court has rightly held that amount being received by widow as family pension had to be deducted - Reduction of deceased's income from Rs.22,712 per month to Rs.6,500 per month upon scrutiny..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Driver of offending vehicle wholly responsible for accident - Both MACT and High Court have awarded only 10% towards future prospects - Quantum of compensation awarded by High Court is modified by restoring verdict of MACT with regard to 100% negligence attributable to driver of offending..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was working in a foreign country and Rs.30,000 pm was being sent to family every month in India - Obviously, earning by deceased would have been much more than that and it would be reasonable to presume that he did keep some amount for himself for his use in Saudi Arabia -..........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Attachment of property of accused - Objections - If a third party raises an objection prior to attachment of property, Court has to decide the same and if Court comes to conclusion that property does not belong to accused, Court can pass an order, either declining to attach property or withdraw attachment order...........
Service -- Disciplinary proceedings - Mere delay in inquiry proceedings, when explained with regard to time taken for inquiry to conclude and that too justifying the same with no prejudice having been caused, cannot be made the basis for vitiating departmental proceedings - Inordinate or unexplained delay in departmental proceedings may be a justifiable ground if tampered..........
Service -- Dismissal - Disciplinary proceedings - Non-supply of copy of preliminary Inquiry report - Mere assertion that some documents have not been supplied or even mentioning said documents would not be enough, unless consequential prejudice which would or has been caused to a delinquent employee is put forth - Court is not bound to simply accept an assertion of a..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Plaintiffs were in possession of suit property on the basis of agreement to sell - They are not the owners of suit property - Whether plaintiffs are entitled to protect their possession or not can be considered only if persons who had entered into agreement to sell..........
Court Fees Act, 1870, Section 16 -- Suit by indigent person - Compromise - When suit and appeal filed by indigent person is compromised, realisation of Court fee shall be avoided since same is otherwise refundable taking into account of compromise...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - If Court finds that addition of a party will introduce a new cause of action, it ought to dismiss the application seeking impleadment U.O.1.R.10 CPC...........
