Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Girl of nine years suffered permanent disability of 10% - She had no earning - What amount could be awarded towards future loss of earning or prospective loss of earning could not have been determined on the basis of any legal principle - Second Schedule provides that where no income is proved, notional..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 7 -- Ejectment of unauthorized occupants - Recovery of damages - Rights of decree holder - Held, mere payment of damages by unauthorized occupants will not extinguish the rights of decree holder (owner) to recovery possession of property - Status of an unauthorized occupant is not automatically..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession, damages/mesne profits on ground that defendant is in unauthorised occupation - With these averments plaintiff could approach the Civil Court only for a decree of possession - It is not to be considered at the initial stage whether he would be able to get this relief or not finally -..........
Telegraph Act, 1885, Section 16(3), Bombay Court Fees Act, 1959, Section 6(i) -- Compensation claim - Order of District Judge directing payment of Court fees - Challenge as to - Applicant filing application u/s.16(3) of Indian Telegraph Act on ground that amount offered against acquisition of land is inadequate - Application u/s.16(3) of Indian Telegraph Act is covered by..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for perpetual prohibitory injunction - Prayer for damages - There can be no claim for damages in execution for enforcement of a decree for perpetual prohibitory injunction...........
Consumer Protection Act, 1986, Section 14(1)(d) -- Compensation - Mental harassment - Complainant is a company - Claim for mental harassment is not legally permissible - It is only natural person who can claim damages for mental harassment and not the corporate entity...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Contract rescinded - Order rescinding contract whether ante dated, illegal, mala fide or genuine has to be gone through during trial - If the contract was wrongly rescinded, plaintiff will get adequate damages/compensation for wrongful recession of the contract - Held, injunction cannot be granted to..........
Bandh/agitation/hartal -- Destruction of property - Damages - Assessment - In absence of legislation, the following guidelines are to be adopted to assess damages: (I) Wherever a mass destruction to property takes place due to protests or thereof, the High Court may issue suo motu action and set up a machinery to investigate the damage caused and to award compensation..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Second schedule - A guide only - Not decisive for calculating compensation in cases of death - In fact, the word multiplier has been used only for the purpose of calculating damages in the case of permanent disability and not in the case of death as would appear from note 5 & 6 appended thereto...........
Insurance claim -- Surveyors report - The damages to the bus found to be old and sheet metal were rusted and loss assessed at Rs. 3,700 - Complainant petitioner had not filed receipt of the repairs carried out in respect of the vehicle - No affidavit was filed from the garage from where the vehicle was got repaired - Payment of compensation by the State Commission on the..........