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Civil Law Judgments and Orders

Section 166 of the Motor Vehicles Act, 1988

 15 November 2010

A mother who lost her 22-year old son in a motor accident is in appeal, by special leave, aggrieved by the inadequate compensation awarded to her. The appellant and her husband Sachidanand Sinha lived at Badom Bazaar in Hazaribagh and their son Pravi..

Posted in Civil Law |   3274 hits

Dismissed the appeal relying on Section 98 (2) CPC

 12 November 2010

The facts of the case are that the respondent herein Chandrika filed a suit before the Sub Judge, Kottayam, Kerala, alleging that her father Raghavan died intestate on 18.06.1984. The plaintiff alleged that the defendants were relying on the will dat..

Posted in Civil Law |   3359 hits

Clauses of the will to be read in its entirety

 11 November 2010

Will extracted of the Testatrix an absolute bequest as unequivocal- Whether there is any conflict between absolute bequest of the first part of clause 6 of the Will and the second part of the said clause? ..

Posted in Civil Law |   2088 hits

Section 100-A of the Code of Civil Procedure

 29 October 2010

The short question in the case is whether a Letters Patent Appeal (for short `LPA’) is maintainable before the Division Bench against the judgment of the learned Single Judge of the High Court. Dated 6.8.2008. Since there was conflict of opinion betw..

Posted in Civil Law 2 comments |   7827 hits

Rule 13 Code of Civil Procedure

 29 October 2010

The respondent herein filed suit no. 508 of 1983 before the Additional Civil Judge, Allahabad against the appellants for the relief of declaration that she was also one of the owners and co-sharers in the property constituting a house numbering 172, ..

Posted in Civil Law |   2846 hits

Section 100 of the Code of Civil Procedure, 1908

 22 October 2010

Facts and circumstances giving rise to this appeal are that the Municipal Committee, Hoshiarpur (hereinafter called the ‘appellant’) had taken an electricity connection on 15.6.1992, for running a tubewell, from the Punjab State Electricity Board (he..

Posted in Civil Law |   5971 hits

Ready and Willingness

 16 October 2010

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Posted in Civil Law |   1891 hits

Section 14(1) of The Hindu Succession Act, 1956

 11 October 2010

The conspectus of the facts would be necessary before we approach further. One Kannabiran Pillai had two wives. The name of his second wife was Kumudammal with whom he had got married before the advent of The Hindu Marriage Act, 1955. As such, she wa..

Posted in Civil Law 1 comments |   6214 hits

Sec 10(3) of the Bihar Land Reforms Fixation of Ceiling Area & Acquisition of Surplus Land Act, 1961

 11 October 2010

Sec 10(3) of the Bihar Land Reforms Fixation of Ceiling Area & Acquisition of Surplus Land Act, 1961 A judgment dismissing the Letters Patent Appeal and confirming the order of the Single Judge has fallen for consideration in this appeal. The lea..

Posted in Civil Law |   4179 hits

Section 1 of the Indian Police Act 1861

 08 October 2010

The respondents herein were serving in various districts in the State of Haryana as Constables, Head Constables, Exemptee Head Constables, Assistant Sub-Inspectors and Sub-Inspectors (hereinafter in short as ASI and SI, respectively). They were order..

Posted in Civil Law |   2933 hits

Section 166 of the Motor Vehicles Act, 1988

 04 October 2010

Arvind Kumar Mishra – appellant – a student of engineering final year at Birla Institute of Technology, Mesra (B.I.T.) at the time of accident was seriously injured as a result of a truck bearing registration No. DEG 3291 being negligently driven on ..

Posted in Civil Law |   5031 hits

Section 80 of the Code of Civil Procedure (CPC)

 04 October 2010

These appeals are directed against judgments dated 21.4.1997 and 20.5.1998 of the learned Single Judges of the Himachal Pradesh High Court whereby they allowed the second appeals preferred by the plaintiffs respondents (hereinafter referred to as ‘th..

Posted in Civil Law |   5477 hits

MOTOR VEHICLES ACT, 1939--Section 92 -- A -- Injury arising out of use of vehicle -- Meaning of

 27 September 2010

MOTOR VEHICLES ACT, 1939--Section 92 -- A -- Injury arising out of use of vehicle -- Meaning of ..

Posted in Civil Law |   6178 hits

Dhaba constructed over Govt. land is not entitled to seek equity before Law

 24 September 2010

Dhaba on the suit land - Delhi Shops and Establishments Act - Petitioner nowhere claimed himself to be the owner or lessee of the suit land ..

Posted in Civil Law |   1211 hits

Wakf Tribunal cannot entertain matters of tenancy

 20 September 2010

Suit for eviction - Jurisdiction of Wakf Tribunal - Sections 83 and 85 of the Wakf Act, 1995 - Whether under Section 83 of the Act the Wakf Tribunal was competent to entertain and adjudicate upon disputes regarding eviction of the Appellants who we..

Posted in Civil Law |   3029 hits

MACT should award Damages as well as compensation

 20 September 2010

Determination of quantum of compensation - Section 163A of Motor Vehicles Act, 1988 - Appellant, a painter by profession, sustained injuries in a road accident - Compensation granted by the Tribunal enhanced by High Court from Rs.52,000 to Rs.72..

Posted in Civil Law |   2304 hits

Motor Accident Tribunal should consider /future Loss of Income

 20 September 2010

Determination of quantum of compensation - Section 163A of Motor Vehicles Act, 1988 - Appellant, a painter by profession, sustained injuries in a road accident - Compensation granted by the Tribunal enhanced by High Court from Rs.52,000 to Rs.72..

Posted in Civil Law |   1977 hits

Section 7 of the Guardians and Wards Act, 1890

 20 September 2010

(a) On 03.06.2002, the marriage of the respondent was solemnized with Kaveri, the daughter of the appellant herein. Out of the said wedlock, on 23.03.2003, a son, namely, Vishwajeet @ Sangharsh was born. After giving birth to son, on the same day, th..

Posted in Civil Law |   7674 hits

Section 14(1) of the Hindu Succession Act, 1956

 20 September 2010

Whether Smt. Sundrabai wife of Ramchandra Rao, who was given right to enjoy certain lands belonging to Shiddoji Rao (predecessor-ininterest of the appellants) in lieu of maintenance became full owner thereof in terms of Section 14(1) of the Hindu Suc..

Posted in Civil Law |   4500 hits

If Civil Court has no jurisdiction then plaint must be returned

 15 September 2010

Suit for declaration and permanent injunction for possession of the impugned agricultural land against the Defendant - Sections 13 and 13A of Punjab Village Common Lands (Regulation) Act, 1961 - Order 7 Rule 10 Code of Civil Procedure, 1908 - First A..

Posted in Civil Law |   2660 hits