Motor Vehicles Act, 1988, Section 166 -- Accident - 30% functional disability - Compensation - Claimant awarded Rs.4 lakh for pain and sufferings already undergone, to be suffered in future, mental and physical shock, hardship, inconvenience, discomfort etc. and loss of amenities in life on account of permanent disability - As injured remained hospitalised for a period of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Arrears of rent - Assessment of rent and house tax - As per the Act, Rent Controller is not only required to assess the rent but is also required to assess the amount representing house tax, interest for delayed payment and the cost payable by the tenant...........
Agreement to sell -- Specific performance - Refund of earnest money - Relief of specific performance denied to plaintiff - Plaintiff did not ask for alternative prayer of refund of advance money paid by them to defendants - However, defendants categorically admitted receipt of advance amount - Even in absence of refund of advance amount, with view to render complete..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards payment of rent - Cheque dishonored - Accused not even sent a reply to notice sent by complainant - Accused rightly convicted - However, since accused already vacated premises and cheque amount is of Rs.4,85,000, interest of justice would be met if quantum of fine amount of Rs.7..........
Hindu Succession Act, 1956, Section 8 -- Hindu male dying intestate - Coparcenary property - Devolution of interest - After death of Hindu Male in 1971 his interest in coparcenary property would devolve as per provision of S.8 of the Act, since he left behind a number of female Class-I heirs...........
Hindu Succession Act, 1956, Section 6 -- S.6 of the Act not applicable in respect of undivided interest of a minor in joint family property...........
Evidence Act, 1872, Section 138 -- Cross-examination of defendant by co-defendant - Permissible when there is conflict of interest and defendant has deposed against interest of co-defendant...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Enhancement of - Claimants contended that since there is amendment to 2nd Schedule of the Act, they are entitled to fixed amount of Rs.5 lakhs as compensation - However accident took place in the year 2006 and award passed by Tribunal in 2009 - Even order passed by High Court was much prior to amendment in..........
Civil Procedure Code, 1908, Section 152 -- Amendment of judgment by Executing Court - Defendant No.2 died during pendency of suit and his L.R's were impleaded - While passing the decree this fact was missed - Plea that rectification in the array of parties could not have been ordered by Executing Court and in fact such a rectification could only have been made by the..........
Suit for recovery of possession -- Predecessor-in-interest of respondents was partner with appellants - Entire second floor of demised premises was given on rent to partnership firm - After dissolution of firm, rent receipt was issued in name of only one partner and it was silent about others - Even after death of predecessor respondents continued to occupy premises - In..........
