Land Acquisition Act, 1894, Section 18,31(2) -- Reference to court - Not expressly lodging protest at the time of receiving amount - It would not amount to waiver of right to seek reference u/s 18 of the Act - An application seeking reference to civil court within stipulated time seeking reference will impliedly infer that the claimant/ person interested had accepted the..........
Land Acquisition Act, 1894, Section 28A -- `Person aggrieved' - Compensation - Re-determination of - A claimant who has received the amount with or without protest pursuant to the award of the Land Acquisition Officer and has not filed an application seeking for reference under Section 18 of the Act is a `person aggrieved' within the meaning of Section 28-A of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - FIR lodged by wife against husband for offences of cheating, forgery and enticing married woman with criminal intent - Offences alleged to have been committed by husband are of serious nature - Criminal proceeding not concluded yet - If the husband of his own accord had stooped down to commit such acts in spite of..........
Insurance claim -- Fire Policy `A' including risk for damages caused by Floods - Flash flood causing damage to the building and household goods of the complainant - Complainant lodging claim for a sum of Rs.50,900/- towards renovation of building and Rs.25,000/- for loss of household goods and personal effects - Opposite Parties offering a sum of Rs.20,276/- - Complainant..........
Indian Penal Code, 1860, Section 376, 366, 366A -- Abduction and rape - Prosecutrix above 18 years - Remained with accused for 10 days and travelled by train and tempo without protest and made no effort to seek help from others - Held, prosecutrix was consenting party - Failure to establish threat, coercion or inducement - Accused is not guilty of offence under Sections..........
Land Acquisition Act, 1894, Section 18, 28A -- A person receiving compensation without protest pursuant to award and not seeking reference u/s 18 is `a person aggrieved' within the meaning of S.28-A...........
Indian Penal Code, 1860, Section 304 Part I, 304 Part II -- Conviction u/s 304 Part II - Deceased and other witnesses came to house of appellant to protest closure of water supply - Appellant rushed out with a knife charging the deceased and stabbed him in stomach - Cause of death was internal haemorrhage - Conviction recorded relying evidence of PW1, PW2 and PW3 - There..........
Insurance claim -- Discharge voucher - Fishing boat insured for a sum of Rs.3,40,000/- - Sunk due to heavy and high velocity cyclone winds - Surveyor assessed the loss at Rs.2,82,700/- - Insurance Company settled the claim at Rs.1,95,0633/- - Complainant accepted the amount under protest - Such receipt will have no meaning if the party has immediately refuted it and..........
Arbitration Act, 1940, Section 30 -- Arbitrator - Transfer of Arbitrator - However, Arbitrator continued with the arbitration proceedings and parties participated without protest - Award given - Objection that award was without authority and jurisdiction as upon transfer, Arbitrator had no authority to continue with proceedings - Objection not maintainable - Parties..........
Insurance claim -- Flood damaging stock of the complainant - Complainant accepting Rs.46,600/- under protest - Claiming full amount - District Forum not accepting this plea - However, awarding Rs.4600/- as compensation for delayed payment - State Commission not finding justification on the part of the petitioner in appointing the second Surveyor - Also holding that the..........
