Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - Apportionment between mother and widow - Compensation of Rs.4.22 lakhs - Widow was engaged as a Home Guard and was getting Rs.80/- per day - Mother was solely dependent upon her son - Considering the peculiar facts of the case, the age of the widow and that of the mother, an amount of Rs.1.25 lakhs..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d), Insurance Act, 1938, Section 64UM1(A) , 2 , 3 , 4 -- Insurance claim - Surveyor's report - Expert report - Repudiation of claim - Surveyor's report assessed the loss at Rs. 2,50,923 - Claim repudiated on the basis of Expert report - In view of Section 64UM 1(A), 2, 3 and 4 the petitioner company had no competence..........
Hindu Marriage Act, 1955, Section 13(1), 19, Civil Procedure Code, 1908, Section 24 -- Divorce petition - Transfer - Divorce petition by husband at place `R' - Marriage solemnized as per Hindu rites at `J'- Wife filed transfer petition on the ground that she is dependant upon her brother and is staying at present at `J' - Further contention that her parents are aged and it..........
Criminal Procedure Code, 1973, Section 24 - - District Govt. Counsel - Refusal to renew term - Challenge thereto - Held, entire material available on record does not suggest that exercise of discretion by State Govt. was either perverse or illegal and further it cannot be said that impugned order is unjust, unreasonable or unfair - Question as to whether State Govt. is..........
Criminal Procedure Code, 1973, Section 397, 482 -- Revisional jurisdiction - Inherent powers - Exercise thereof - Held, except in interlocutory orders or second revision by same person, correctness, legality and propriety of impugned sentences or orders may be examined either by High Court or by Sessions Judge - Whereas u/s 482 of the Code, while exercising inherent..........
Contract -- Non-performance of contract due to weather conditions - Applicant, who had not completed work during stipulated time limit as stated in initial contract was at liberty to walk out of contract if it was not possible for him to maintain this progress rate due to extreme weather conditions - Once he had not chosen not to walk out and had entered into..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, 20 -- Maintenance - Court Fee - Claim for maintenance is to be treated as a petition and not a suit - Court Fee Act is not applicable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Shop - Personal necessity - Not pleaded in earlier eviction petition - Means that there was no personal necessity at that time - Personal necessity if not existed earlier it could arise subsequently...........
Haryana Panchayati Raj Act, 1994, Section 176(4)(b) -- Election petition challenging election of Sarpanch of Gram Panchayat - Application also filed for recounting of votes and same allowed vide impugned order - No request was made to the Returning Officer immediately after election for recounting of votes - Held, in such situation recounting cannot be ordered by Court...........
Haryana Land Ceiling Act, 1972, Section 18(7) -- Specific provision of S.18(7) to deposit a sum equal to 30 times of the land holdings payable in respect to the disputed land or furnishing a bank guarantee with the Appellate or Revisional Authority not complied with - Provision is mandatory in nature - Mandatory provision not complied with - Writ petition is not..........
