Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Marine Insurance Act, 1963, Section 78 -- Insurance policy - Exclusion clause - Policy covered risks as per Institute Cargo Clause - C plus Theft, Pilferage and Non - delivery(TPND) - Insurance claim - Repudiation - Non - delivery of consignment at 'H' where the voyage terminated on account of arrest of the vessel -..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Marine Insurance Act, 1963, Section 78 - Insurance policy - Exclusion clause - Policy covered risks as per Institute Cargo Clause-C plus Theft, Pilferage and Non-delivery (TPND) - Insurance claim - Repudiation - Non-delivery of consignment at `H' where the voyage terminated on account of arrest of the vessel -..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 18 -- Compromise decree - Partition suit - Compromise petition has been recorded and for payment of court fee and for passing final decree - Further, case was adjourned to various dates - Thereafter, suit was dismissed for default for no, payment of court fees - Legality of - Held,..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2, 7, Limitation Act, 1963, Section 5 -- Ejectment order - Appeal against - Dismissal in default - On application for restoration of appeal, matter remanded which is pending disposal for the last 25 years - Petitioner prayed that appeal be decided on merit after condoning delay - Delay condoned in view of..........
Civil Procedure Code, 1908, Section 151 -- Enlargement of time to deposit suit costs - Stay of decree granted on condition of depositing suit costs which were not deposited within stipulated time - There was no default clause - D.H. was at liberty to execute the decree when costs not deposited - Time limit for depositing costs is not governed by any provision of Code -..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Earlier suit filed for injunction dismissed in default - Subsequently, plaintiff came to know about partition suit, which emerged among defendants and passing of preliminary decree and final decree thereunder - After dismissal of previous injunction suit, attempts made by defendants to intermeddle into..........
Motor Vehicles Act, 1988, Section 140 -- 'No fault liability' - Principle of - In a claim petition u/s 140 of the Act it need not to be pleaded and established that such accident occurred due to any wrongful act/neglect or default on the part of the owner of motor vehicle or any other person - It is enough to prima facie establish that the accident arose out of the use of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Cheque amount Rs.50, 000/- - Accused sentenced and convicted to 8 months SI - In revision accused ready to deposit the amount - Request allowed - In the matter of dishonour o cheque, compensatory aspect remedy shall be given preference than the punitive aspect..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction and sentence - Compensation - Default sentence in case of failure to pay compensation amount - Held, a sentence of imprisonment can be granted for default in payment of compensation awarded under S.357(3) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Conviction and sentence - Compensation - Default in payment of compensation - Default sentence - Held, it is imperative for the Courts to look at the ability and the capacity of the accused to pay the compensation amount otherwise the very purpose of..........
