Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Death of defendant during pendency of application to set aside ex parte decree - Property alienated during pendency of application to set aside ex parte decree - Impleadment of transferee pendente lite - High Court allowed impleadment..........
Motor Vehicles Act, 1988, Section 50, 147, 149 -- Theft of vehicle - Liability of insurance company - Purchase of vehicle in auction by Bank - Certificate of possession issued by bank - Insurer was specifically informed by Bank which held a lien on insurance policy of lifting its lien following termination of agreement of hypothecation - Following this, premium for..........
Consumer Protection Act, 1986, Section 12 -- Deficiency in service - Contract for development of Villa - Delay of 5 years in delivery of possession of villa - Even though villa is ready for occupation now, but delay of almost 5 years is a crucial factor - Respondents justified in seeking refund of deposited amount with reasonable interest - Amount granted by Commission..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Enhancement of - Delay of 9 years in filing and refilling SLP - Land in question is agricultural land - High Court granted 5% escalation for gap of about nine years - Considering potentiality of land for development, escalation granted @ Rs.10% - Accordingly, compensation awarded to claimants is..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 70% permanent disability - Compensation - Enhancement of - Minor child/victim aged about 10 years at the time of accident - He has suffered permanent disability in his body to extent of 70% and doctor has proved it - Taking into consideration age of victim, extent of disability suffered by victim in his early age, medical..........
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101 -- Execution - Third party objections - In the proceedings U.O.21.Rr.99, 100, 101, right, title or interest has to be determined...........
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101 -- Execution - Objection by third party - Respondent claiming to be put back into possession - He was obliged to establish his right, title or interest in property without which his application could not have been allowed - Executing Court considered the application in its right perspective and held that respondent..........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Appeal - Vakalatnama - No written vakalatnama in favour of counsel of one of the defendants who represented him in appeal - However, counsel was engaged by father and brothers of said defendant who appeared as co-defendants in a suit for specific performance in which their interest was common - Moreover, defendant not chosen..........
Electricity Act, 2003, Section 65 -- Power Purchase Agreement (PPA) - Termination of agreement by seller - Compensatory tariff - Determination - Appellant/seller even after termination of PPA continued to take project to its logical end - Seller must have incurred huge expenditure on the same - Expenditure towards running of project after obtaining coal from open market..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Joint family property - Property inherited from father by his sons becomes joint family property in the hands of sons - Sons sold the property to defendant with clause of re-conveyance in the event of further sale - Property further sold by defendant - If subject property stands reassumed in its original..........
