Consumer Protection Act, 1986, Section 23 -- Insurance claim - Accident of vehicle - National Commission reduced the claim of appellant/owner of vehicle as awarded by State Commission despite the fact order of State Commission was not challenged by respondents - It was only appellant who contested the reduction of claim by State Commission - Ends of justice would be met if..........
Rent and Eviction -- Sub-letting - Tenant himself admitted before Rent Controller that because of old age he was not in a position to manage affairs of shop and that is why he handed over shop to sub-tenant through GPA - Sub-tenant and tenant were running business as partners as alleged by tenant - However, there is no genuine partnership between tenant and sub-tenant -..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Claim petition by borrower of motor cycle, which met with accident, against owner and insurance company is not maintainable - Claim petition can only be maintainable against driver, owner and/or insurance company of offending vehicle being a third party to said vehicle...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Claim petition u/s 163-A of the Act - There is no need for claimants to plead or establish negligence and/or that death in respect of which claim petition is sought to be established was due to wrongful act, neglect or default of owner of vehicle concerned...........
Adverse possession -- Defendants proved their possession over suit property from year 1955 onwards - Whereas, suit for recovery of possession by plaintiff was filed in the year 1976 - Defendants held, proved their possession and enjoyment of suit property for more than 12 years and thus proved their continuous and uninterrupted and hostile possession to title of true..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu female - Life interest was given to Hindu Female and she was in possession of same - She died in the year 1996 after coming into force of the Act - Even before her death, she become absolute owner of suit property - Since she sold the property to defendant in 1991 and sale deed shows absolute right over..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 449, 120B -- Bail - Double murder case - Property dispute between parties - Accused was the root point of dispute regarding 53 bighas of land, which was in possession of murdered couple and their son - It was bone of contention between parties particularly owner of land in whose name land was..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Divorce proceedings at the instance of husband was dismissed - Husband was owner of two buses and he is having an income of about Rs.50,000/- p.m from said transport business - Said fact not denied by husband but he has taken a plea that he sold the buses to scrap dealer - However, there is no evidence to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25 -- Recovery of 42 kg opium - Recovery effected from vehicle in question - A-2 implicated in the case after 1-1/2 years of incident on the basis of agreement to sell, as A-2 alleged to be ostensible owner of vehicle - However, said agreement to sell not proved - No evidence on record that A-2 is registered..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Rent and eviction - Bonafide requirement - Non-production of registration certificate of vehicle - No consequence as in reply filed by tenant himself, he has admitted that landlord is owner in possession of vehicle, which was being parked by him on road side - Moreover, tenant in application U.O.26.R.9 CPC..........
