East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Assessment of provisional rent - Relationship of landlord and tenant denied - Rent Controller is not under an obligation to pass a provisional order assessing rent - In case relationship of landlord and tenant is subsequent established then tenant loses the opportunity to make payment towards..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Death of 22 years boy who was a brilliant student and had graduated in Business Administration from U.K. and while a student he was doing part time job earning an amount of 1, 008 pounds (Rs.80, 000/- p.m.) - At the time of accident in India he was not working - Compensation paid by assessing his monthly..........
Punjab Municipal Corporation Act, 1976, Section 93, 103 -- House tax - Rateable value of property - Proposed to be revised to Rs.2.70 lacs - Objections filed inter alia that guiding principles and the formula for purposed annual rateable value, have not been disclosed which is essential as per law on the issue - Joint Commissioner however enhanced the annual rateable value..........
Electricity Act, 2003, Section 126 -- Electricity - Back billing amount - Demand notice - Straightaway issuance of demand notice is not as per law - Board to issue a provisional assessment order containing all the details as to the manner of arriving at the demanded amount and the reason for charging penal rate - Without such details, provisional assessment order itself is..........
Indian Penal Code, 1860, Section 96, Evidence Act, 1872, Section 105 -- Private defence - Proof of - Plea of right of private defence taken by accused - Held, accused is not required to lead evidence - He can establish his plea by reference to circumstances transpiring from prosecution evidence itself - Question in such a case would be a question of assessing true effect..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Sale deeds pertaining to the portion of lands which are subject to acquisition would be the most relevant piece of evidence for assessing the market value of the acquired lands...........
Insurance claim -- Compensation - Interest - Loss assessed by Surveyor at Rs 16,56,729/ - but reduced the loss at Rs. 3,85,687/ - after 76.72% towards under insurance - Surveyor took more than 3 - 1/2 years to complete investigation and Insurance Company took another 10 months to repudiate the claim except agreeing to compensate the complainant with a measly amount of Rs...........
Motor Vehicles Act, 1988, Section 166, 173 -- Fatal motor accident - Death of an unmarried salaried person - Determination of compensation - Future prospectus in career - Held, future prospectus would have to be taken into consideration while assessing compensation - The principle is to assess future loss of income and to double the amount and then add to the salary which..........
Service -- Back wages - Burden of proof - Earlier burden of proof that workman was gainfully employed during the period of termination was on the employer - But now there is a change in the approach of the Court - Now law is that burden of proof that he remained unemployed is on workman - Several factors have to be considered while granting back wages such as nature of..........
Insurance claim -- Surveyor's report - Vehicle insured for Rs. Two lacs - After six months stolen - Surveyor assessed the value of vehicle at Rs. 1,25,000 - No valid justification put for assessing the value at Rs. 1,25,000 - As the vehicle was used for less than a year, the lower Fora rightly concluded that by allowing fair depreciation, a sum of Rs. 1,80,000/ - is..........
