Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining licensor/owner of property from terminating lease - Licensee cannot seek a pre-emptive injunction from termination of license - Only recourse available to licensee is to seek compensation for loss suffered but licensee cannot secure an order of injunction of termination of license by..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Where contract of insurance is not disputed even on breach of insurance conditions, Court had allowed recovery of compensation from insurer by giving right to insurer to recover the same from vehicle owner...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of Insurance company - Accident took place on 29.6.2009 and permit for offending vehicle was valid only from 4.7.2009 to 28.10.2009 - Tribunal rightly directed Insurance Company the right to recover compensation amount from owner of offending vehicle particularly in absence of any challenge to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of insurance Company - Offending vehicle deviated from prescribed route as per permit granted by State Transportation authority and did not have permit to enter the city where accident took place - Insurance company rightly directed to pay the amount and recover the same from owner of offending..........
Co-sharers -- Un-registered memorandum of partition - Memorandum of partition was acted upon and pursuant thereto part of suit land was sold by one of co-owner - Plaintiff did not challenge said sale deeds for a period of nearly 20 years and filed civil suit only in 1994 - Since the memorandum of partition was acted upon and remained unassailed for nearly two decades and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Confiscation - Interim custody should not be denied to owner of vehicle, simply because it is liable to be confiscated u/s 60 of the Act...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Fake driving licence - Owner of a vehicle employing a driver can only look at licence produced by person seeking employment and is not expected to verify from licence issuing authority whether licence is fake or not...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Fake driving licence - Owner of truck is not an individual and is a company - Undisputedly, even if tort feasor is driver, liability for any negligence of driver rests on owner of vehicle, vicariously - There can be no suspicion raised merely because owner had produced..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction simpliciter - Plaintiff not in possession but he did not claim recovery of possession - Relief must have been sought for declaration of title when contention of defendant was that he came into possession of property as a co-owner and then occupies it with absolute rights, making valuable improvements - Suit for..........
Will -- Proof of - There are two attesting witnesses of alleged Will, but plaintiff has not examined any of them in order to prove execution of Will - One of attesting witness is alive, but she is not examined or she is not willing to appear in Court, as such, Will has not been proved in accordance with S.68 of Evidence Act - Since, one attesting witness of alleged Will..........
