Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - S.24 of the Act applies to a proceeding pending on date of enforcement of 2013 Act - It does not revive stale and time barred claims and does not reopen concluded proceedings nor allow landowners to..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application for restoration of suit was filed after delay of 1100 days - No document on record to show that plaintiff was not having proper health to appear and defend his case on the relevant date as alleged by him - No sufficient reasons to explain either past delay or future delay..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW9 for cross-examination - Rape case - Opportunity to cross-examine PW9/principal of School of victim could not be availed due to unavailability of counsel of accused - However, counsel for accused should have remained present on the date fixed for cross-examination of PW9 - Neither it is mentioned in the order nor..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased at the relevant time considered at Rs.3000/- pm - Future prospectus and rise in income, if considered and loss of dependency determined, it can be said just compensation - Claimants thus, shall be entitled to total compensation of Rs.4,25,000 under different heads along with interest @ 9%..........
Civil Procedure Code, 1908, Section 64, Order 21, Rule 52 -- Execution - Attachment of property - Property in question mortgaged subsequent to date of attachment order of Court - Therefore, any payment to JDs of any debt, dividend or other monies contrary to such attachment shall be void as against all claims enforceable under attachment - Garnishee bank directed to..........
Insolvency and Bankruptcy Code, 2016, Section 7, 9 -- Corporate Insolvency Resolution process (CIRP) - Limitation - CIRP could be initiated by filing an application u/s 7 or S.9 IBC, within 3 years from the date on which an application under those provisions of IBC could have first been made before NCLT even though right to sue may have accrued decades ago...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Re-assessment of income of deceased - Salary certificate of deceased produced on record showing monthly salary at Rs.15,000/- - Said salary certificate is proved on record - Deceased was a qualified person working as Manager in private firm - Tribunal and High Court committed error by not giving due..........
Employee's Compensation Act, 1923, Section 3, 4 -- Accident - 60% disability - Compensation - Medical Board constituted pursuant to order passed by High Court examined injured employee after a period of approximately 9 years from date of accident - However, at the relevant time employer did not make any application before Commissioner to constitute Medical Board -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Head of pain, shock and suffering - Right hand below elbow of claimant was amputated - During prolonged hospitalization, claimant was operated five times - Considering five operations, prolonged hospitalization and suffering, amount of Rs.25,000 awarded by High Court under head of pain, shock and suffering..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Serving of summons - Mother of defendant accepted the summons on his behalf - They both are residing in the same house and also having a joint mess - Defendant admitted that signatures on the backside of summons were his mother's - He thus, had knowledge not only about institution of suit but..........
