Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Partial abatement of appeal - Gift deed giving distinct and separate share by metes and bounds to daughters - Revoked - Amount given in lieu of gift of plots - One of the daughter died during pendency of appeal - Application for impleading LR's declined - Appeal abated qua her only - Each daughter had distinct and separate..........
Indian Penal Code, 1860, Section 294, 323, Criminal Procedure Code, 1973, Section 374 -- Offence under Sections 294/323 IPC - Appeal against acquittal - Dispute between parties with regard to management and agreement to sell rice mill - Accused alleged to have abused complainant in obscene language - Trial Court acquitted accused - Appeal against acquittal - In appeal..........
Consumer Protection Act, 1986, Section 27 -- Section 27 (pre-amended) - Penalties - Validity of preamended provisions of Section 27 of the Act Challenged before the Kamataka High Court and the High Court struck down proviso to Section 27 of the Act - The proviso which has been struck down stood omitted by amendment Act of 2002 - The controversy having become academic..........
Consumer Protection Act, 1986, Section 27 -- Section 27 (pre-amended) - Penalties - Validity of preamended provisions of Section 27 of the Act Challenged before the Kamataka High Court and the High Court struck down proviso to Section 27 of the Act - The proviso which has been struck down stood omitted by amendment Act of 2002 - The controversy having become academic..........
Civil Procedure Code, 1908, Order 1, Rule 8, 9, Civil Procedure Code, 1908, Order 22, Rule 1, 2, 11 -- Representative suit - Appeal against decree - Death of one of joint decree holders during pendency of appeal - Non impleading of his L.R's - Appeal does not abate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of 24 years unmarried science graduate - Deceased earing Rs.4, 000/- p.m. - Loss of dependency assessed at Rs.28, 800/- p.a. and applied multiplier of 12 keeping in view that deceased might have been married within two or three years and monthly allowance given to parents must have been cut down - Appeal against -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Death of 24 years unmarried science graduate in a head-on collision - A case of contributory negligence - Tribunal held claimants entitled to 50% of award amount - High Court declined to interfere - Appeal against - Finding by Tribunal based on well appreciation of facts and evidence - No cogent..........
Motor Vehicles Act, 1988, Section 173, 149(2) -- Appeal - Insurer - Has right to file an appeal before the High Court on limited grounds available u/s 149(2) of the Act...........
Motor Vehicles Act, 1988, Section 173, 149(2), Constitution of India, 1950, Article 226, 227, Civil Procedure Code, 1908, Section 115 -- Insurer - Writ petition challenging award of interest for a specific period - Not maintainable as Insurer has a remedy to file appeal against the award of Tribunal on available defences envisaged under the statute...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of 24 years unmarried science graduate - Deceased earing Rs.4,000/- p.m. - Loss of dependency assessed at Rs.28,800/- p.a. and applied multiplier of 12 keeping in view that deceased might have been married within two or three years and monthly allowance given to parents must have been cut down - Appeal against -..........
