Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Money decree - Claim petitioner sought to resist execution relying on an unregistered non-possessory agreement executed subsequent to attachment, would not confer any right, title or interest to claim petitioner in suit property to resist execution - Claim petition rightly rejected...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view the age of injured 45 years at the time of accident, Rs.9,000 monthly income, multiplier of 11, 100% disablement suffered by injured and enhanced amount of Rs.5,52,095 as awarded by High Court for mental agony, pain and suffering, nourishment, transportation and medical expenses,..........
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...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view the age of deceased as 22 years at the time of accident, his monthly income @ Rs.25,000, 40% future prospects, multiplier of 18 and other heads under which appellants entitled to compensation, total compensation of Rs.39,22,825 with 7.5% interest p.a from date of filing claim petition,..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Prior enmity between appellant No.1 and deceased over measurement of agricultural fields - Accused persons though have knowledge that injuries would cause death of deceased but there is no material on record to show that they had intention to kill them - Medical evidence shows that all the three..........
Auction sale -- Setting aside - Refund of money to auction purchaser - Auction purchaser entered the auction in good faith and deposited its hard earned money in the belief that law clothed the auction with legitimacy - Auction purchaser neither breached the covenant nor failed in diligence and did not seek to profit from the illegality - Restitution therefore becomes not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of summons - Directions issued: (a) In all cases filed u/s 138 of the Act, service of summons shall not be confined through prescribed usual modes but shall also be issued dasti i.e. summons shall be served upon accused by complainant in addition; This direction is necessary as a large number of..........
Arbitration and Conciliation Act, 1996, Section 31(7)(a) -- Arbitral award - Interest - Power of tribunal to award interest would operate if it is not otherwise agreed by parties - If there is an agreement between parties to contrary, arbitral tribunal would lose its discretion to award interest and will have to be guided by agreement between parties...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Interest - Arbitral tribunal awarded interest in terms of MOU from date of cause of action till date of repayment as per S.31(7)(a) of the Act - As the arbitral tribunal had expressly provided interest till date of repayment, question of additional or compound interest u/s 31(7)(b) of the Act would..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Interest - Once parties agree on interest regime, arbitrator's role is confined to enforcing it and Courts would not rewrite or enlarge award by introducing further interest at execution stage...........
