Motor Vehicles Act, 1988, Section 168 -- Award of amount higher than what is claimed - There is no bar - Appropriate procedure is to allow a formal amendment of the claim petition - However, if there is evidence on record to justify it, a higher amount be awarded even without a formal amendment to the claim petition...........
Constitution of India, 1950, Article 14, 19, 21 -- Stamp Act, 1899, Section 73 ( as amended by Andhra Pradesh Act No.17 of 1986) - Challenge to vires of State Amendment to Section 73 of the Central Act - Deficitly stamped documents - Seizure and impounding of documents - Empowerment by the State amending Act of Inspecting Officers to enter any premises and seize the..........
Nazool Lands (Transfer) Rules, 1956, Rule 5, 6, 7, 9, 9A, 11 -- Nazool land - Transfer to Co-operative Societies - Amended provisions of 1956 Rules not applicable to the allotments, that were made prior to such amendments - Transferee society selling a part of the land, subject-matter of the allotment, under the Rules when allotment was made - The Government could not..........
Civil Procedure Code, 1908, Section 104(1)(2), 4, 100A, Order 43, Rule 1 -- Prior to 1976, 2002 amendment - Letters Patent, Cl.15 (Madras) - Order of Signal Judge in appellate jurisdiction - Letter Patent Appeal - Maintainable - Appeal under Cl.15 of LPA of High Court is one provided by law for time being in force - And at relevant time S.100-A did not bar such an appeal -..........
Limitation Act, 1963, Article 136 -- Decree - Execution - Limitation - 12 years - In case of amendment of decree enforceability of decree shall commence from the date the decree is amended...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 19, 20 -- Allotment of Beshi Phirni as a result of inclusion of land within the extended phirni as a result of amended Scheme of consolidation - At the time of commencement of operation of consolidation respondent was right holder of land - Land included in phirni (Laldora) when..........
Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 1997 -- Death in accident on 7.7.1991 - As per rules prevailing then compensation payable was Rs.2 Lakhs - However, with amendment of Rules in 1997 compensation payable was Rs.4 Lakhs - Compensation payable will be at the rate as existing on date of final decision - Compensation of Rs.4 Lakhs awarded..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 10, 13 -- Plaint - Amendment - Petition for judicial separation sought to be converted to be one for divorce by amendment of plaint - Object and scope of both the petitions and parameters to be followed are different and distinct - Merely because amendment sought is not prejudicial to the..........
Pecuniary jurisdiction -- Amendment in statute - Effect - Complaints filed prior to the amendment in respect of pecuniary jurisdiction shall continue at the respective fora...........
Amendment of written statement -- Application dismissed by the District Forum - The law regarding amendment of written statement at fag end of the case settled by the National Commission between the same parties - A part of reliefs claimed in the said application i.e. for leave to produce some additional document was allowed - Same held to be sufficient to enable the..........
