Airlines -- Deficiency in service - Loss of 24 Kgs. of luggage of the complainant who boarded the Airlines of appellant from Muscat to Bombay - Held that since the value of luggage was not declared, the respondent complainant held entitled to 250 Francs per kgs as per provisions of Rule 22(2) of II Schedule of Carriage by Air Act with reference to date of delivery - Orders..........
Hindu Succession Act, 1956, Section 3(1)(j), 4, 8 -- Illegitimate children - Succession certificate - Illegitimate children are not entitled to succession certificate of his predecessor father as illegitimate children are not included in the list of heirs of Class I in schedule to the Act...........
Court Fees Act, 1870, Section 7(c) -- Schedule I Article I - Court fee on future interest - Appeal against non grant of interest - Ad valorem Court fee is payable on the amount claimed in appeal towards future interest i.e. difference between the amount allowed and amount claimed upto the date of filing of the appeal...........
Insurance -- Exclusion clause - Not communicated - Benefit of it not available to Insurance company - Policy taken for All Risk Insurance - Insured supplied with a cover note and the schedule of the policy - Other terms and conditions containing the exclusion clause not communicated to the insured - It is not the duty of the insured to call for these terms and conditions -..........
Court Fees Act, 1870, Section 7(iv)(c), Article 1 -- Schedule 1 - Court fee - In deciding the question of Court fee Court should look into the allegations in the plaint and to see what is the substantive relief that is asked for. (AIR 1973 SC 2384 followed)..........
Court Fees Act, 1870, Section 7(iv)(c), Article 1 -- Schedule 1 - Suit for correction of khasra numbers/plot numbers mentioned in the sale deed - Execution of sale deed not denied - Plaintiff cannot be asked to pay ad valorem Court fee on the value of property mentioned in the sale deed sought to be corrected...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale - Not liable to be set aside unless J.D. sustained substantial injury by reason of such irregularity or fraud - Irregularity must be a material irregularity - Inadequacy of price realised in sale must be proved to have been caused by reason of material irregularity or fraud - Reduction of upset price for want of bidders..........
Interest Act, 1978, Section 2, 3 -- Interest - In the absence of a contract plaintiff is entitled to interest at the current rate which means highest rate which may be paid on different classes of deposits by the Schedule Banks in accordance with the directions issued to the banking companies generally, by the Reserve Bank of India under the Banking Regulation Act, 1949 -..........
Service -- Illegal retrenchment/termination - Article 137 of the Schedule to Limitation Act, 1963 is not applicable to the proceedings under the Industrial Disputes Act and the relief under it cannot be denied to the workman merely on the ground of delay. (Limitation Act, 1963, Art.137, Industrial Disputes Act, 1947, S.10)..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- First Schedule, Appendix B, Form No.11 - Service of summons U.O.5.R.17 - There should be compliance of rule 19 - One of the requirements of the affidavit is that the name of the person who has sworn that affidavit must be disclosed and then the person who has administered the oath, and seal and the certificate shall..........
