Limitation Act, 1963, Article 65, 66 -- Adverse possession - Plaintiff filed suit seeking declaration of title alleging his possession to be 30 years old, continuous, open and hostile to the true owner - Suit dismissed - Held, plea of adverse possession is only available to defendant in defence against plaintiff - Plaintiff cannot seek declaration of title on the basis of..........
Motor Vehicles Act, 1988, Section 149, 66(3) -- Accident - Compensation - Insured vehicle engaged by a group consisting of claimants and others for a pilgrimage tour - Insurance policy covered the use of vehicle only under a `permit' - Contention of insurer that vehicle did not have permit to operate as a Public Service Vehicle - It was for the insurer to prove that on the..........
Motor Vehicles Act, 1988, Section 66(3) -- MACT claim - Compensation - Insurers liability - Burden of proof - Owner - cum - driver remained ex parte - Established that the vehicle was comprehensively insured with the insurer to cover the passenger risk - The burden to prove that it was not liable in spite of such a policy, shifted to the insurer - Not for the claimants to..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Sale - Determination of market value - A serious lapse on the part of the Executing Court in determination of market value cannot be condoned - Fixing value of property without issuing notice to the parties and by summoning the person whom it thinks necessary in this regard, cannot be treated as proper - Fixation..........
Electricity Act, 2003, Section 60, 66, 121 -- Power of Tribunal - Tribunal, by invoking Ss.60 and 66 of the Act directed all Regulatory Commissions to fix trading margins - Held, only appropriate Regulatory Commission can invoke provision of S.60 upon arriving at finding that particular licensee or generator had conducted himself in manner which has adverse effect on..........
Indian Penal Code, 1860, Section 406, Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Accused running transport business - Allegation that the goods did not reach destination - Trial Court acquitted accused on the ground that originals of documents like gate pass, receipt etc. not produced - Photocopies of these documents not attested by competent authority -..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 66 -- Insurance claim - Repudiation - Driving licence - Transport vehicle - Condition imposed in permit of driver to have five years experience in driving of transport vehicle - Driver of the accidental vehicle not having five years experience of driving transport vehicle - Held that vehicle..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - It is mandatory to give notice calling upon the other party to produce the same in Court - Presumption of notice cannot be drawn when petitioner has taken a positive stand in the proceedings - Provision of S.66 of the Act stipulates a positive act on the part of the party seeking to lead secondary evidence to issue..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Application for secondary evidence is not maintainable when notice u/s 66 of the Act is not issued to a party in possession of a document to produce the same...........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 2(31) , 66(3) -- Insurance claim - Repudiation - Violation of the conditions of the policy of insurance - At the time of accident the vehicle was carrying 32 person whereas the carrying capacity of the vehicle was 20 - It was being plied to some other place for which it has no permit -..........
