Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Second appeal - No second appeal can be filed challenging the award...........
Punjab Town Improvement Trust Act, 1922, Section 32, 43 -- Power of development authority - As regards power to alter/change the scheme after its sanction, there is an enabling power with the Improvement Trust u/s 43 of the Act after obtaining the prior approval of the State Government - However, question is whether exercise of such power is bonafide and in public interest..........
Employee's Compensation Act, 1923, Section 30 -- Appeal - Order awarding compensation - Death of employee - Commissioner rightly decided all material questions arising in case properly on the basis of evidence adduced by parties and rightly determined compensation which was affirmed by High Court - Concurrent findings of fact of two Courts below are binding on Supreme..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Aggrieved has four options : (a) to file an application U.O.9.R.13 CPC for setting aside ex-parte decree; (b) to challenge decree on merits by filing an appeal; (c) to file a separate suit on the ground that previous decree was the result of fraud (d) to file an application for review...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Judgment of first appellate Court shall be in writing and shall state (a) the points for determination; (b) the decision thereon; (c) the reasons for the decision; and (d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled; and shall at the time that it is..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - While reversing a finding of fact appellate court must come into close quarters with the reasons assigned by the trial court and then assign his own reasons for arriving at a different finding - When appellate court agrees with views of trial court on evidence, it need not restate effect of evidence or..........
Civil Procedure Code, 1908, Order 41, Rule 9, Civil Procedure Code, 1908, Order 44, Rule 1 -- Leave to appeal as an indigent - Delay in filing appeal - An appeal accompanied by a delay petition is a valid appeal registered on the date of filing and is to be numbered - The above rule applies equally to indigent appeal U.O.44.R.1 of CPC...........
Civil Procedure Code, 1908, Order 41, Rule 9 -- Leave to appeal - Delay in filing - Condonation of delay - Question arose as to whether appeal to be numbered on date of filing or to date of condonation - Held, a valid appeal is registered on its filing for all practical purposes even if appeal and C.M.C.(P) are accompanied by a petition to condone delay in filing the..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Absence of wife at the time of grant of decree of divorce by mutual consent - Presumption of consent for divorce cannot be attributed to wife as consent needs to continue till the date of decree of divorce by mutual consent - Court is under statutory obligation to hear the parties to ascertain their..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Absence of wife at the time of grant of decree of divorce by mutual consent - Appeal thereagainst - Death of husband during pendency of appeal - Right to sue survives in favour of wife and against legal representatives of deceased husband and appeal is thus maintainable...........
