Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, possession and permanent injunction - Plaintiff failed to enter witness box to testify and prove her plaint case - Testimony of power of attorney holder of plaintiff is inadmissible with regard to facts within personal knowledge of plaintiff who has failed to enter witness box - Sale deed executed by father..........
Rajasthan Panchayati Raj Act, 1994, Section 97 -- Revision - Decree of permanent injunction passed by civil Court cannot be interfered with by way of initiating proceedings u/s 97 of the Act...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Functional disability - Appellant suffered head injury with blood clot in brain and having blurry vision in left eye resulting in permanent disability of 40.70% as per medical examination by doctors - Disability determined as 40.70% as assessed by the doctor...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view the age of appellant as 36 years at the time of accident, his monthly income @ Rs.15,000, 40% future prospects, multiplier of 15, permanent disability of 40.70% and other heads under which appellant is entitled to compensation, total compensation of Rs.21,26,626 with 6% interest p.a...........
Electricity Act, 2003, Section 135, Legal Services Authorities Act, 1987, Section 22 -- Theft of electricity - Jurisdiction of Permanent Lok Adalat - Permanent Lok Adalat cannot interfere in a matter where petitioner/Punjab State Power Corporation has issued notice u/s 135 of Electricity Act alleging theft of electricity...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Not filed within time - Suit for possession by way of specific performance as well as permanent injunction - Keeping in view nature of suit and the fact that in case defendant is not permitted to file his written statement, great injustice would be occasioned to him - One opportunity is thus, granted to..........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu Male dying intestate - Disputed property was self-acquired property of deceased - Plaintiff being daughter was having 1/7th share in the suit property - Even if suit property belonged to Mitakshara Joint Hindu Family, even then, she was a coparcenar in that property and was entitled to same share as her brother..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - When a decree for permanent prohibitory injunction is violated and JDs forcibly took possession of DH's property by violating decree, JDs may be expelled by Executing Court by exercising powers U.O.21.R.32 CPC - It would not be necessary for DH..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction - Ancestral property - Partition has not taken place and if without any partition, transfer of disputed property is done, then same would amount to multiplicity as well as complexity of litigation - Application allowed. ( Paras 7 & 8)..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate facts arising subsequent to filing of suit - Amendment sought cannot be said not necessary, inasmuch as, suit is for permanent injunction and thus, both the parties would make an endeavour to plead and to prove that they are in possession of property in question -..........
