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Showing posts from August, 2023
Limitation - Computation - first day of period of limitation stipulated in S. 142 had to be excluded.
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Notice - Period of limitation - Computation of - Cause of action for sending notice will start from next day of receipt of intimation from Bank
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Even in suit for permanent injunction,an advocate Commissioner along with taluk surveyor can be appointed
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Unregistered Panchayat Muchalika is not admissible in evidence - Instrument of partition, being unregistered, can't be admitted as evidence - oral evidence to prove the terms of the agreement is barred
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When original tenant dies - It is not necessary for landlord to implead all legal heirs of deceased tenant, whether they are occupying property or not - It is sufficient for landlord to implead either of those persons who are occupying the property, as party
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Registering officer cannot conclude that the document registered almost 40 years earlier is invalid Registering authority did not have the power under circular 67 to adjudicate on the validity of the sale deed - It should have relegated the parties to the jurisdictional civil court for such adjudication
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Contributory negligence - Hitting from behind - Motor cycle dashed against the rear of bus parked in the middle of road resulting in death of motorcyclist - Tribunal held that bus driver was negligent to the extent of 80 per cent and motorcyclist to the extent of 20 per cent.
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Whether reimbursement received under a mediclaim policy for the amount spent by injured on medical expenses is deductible from the amount of compensation - Held : yes.
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Whether deceased motorcyclist can be held guilty of contributory negligence merely because he was not wearing a helmet at the time of accident - Held : no
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Hitting from behind - accident occurred due to rash and negligent driving of tanker driver and he applied brakes suddenly without any reason - tanker driver was negligent to the extent of 70 per cent and car driver to the extent of 30 per cent
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When partition is between father and son - Property allotted to son will be taken by the son along with his grand son and great grand son - Property allotted to father will be his separate Property
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Rule 106(3) of order XXI of CPC applies for restoration of an execution application either dismissed for non appearance under sub rule(2) of rule 105 or for an application for Set aside order passed under sub rule (3) of rule 105 of order XXI of CPC - Application can be filled beyond 30 days
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Suit for partition of movable Property (fixed deposit) - Earlier suit for permanent injunction - Subsequent suit for partition not barred under order 2 Rule 2 - suit valued under section 37(2),is proper - Nominee can't claim ownership of deposit - deposit devolved according to rule of succession -
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Executing Court cannot dismiss an execution petition by treating the decree for possession as inexecutable, merely on the basis that the property has been lost to a third party/encroacher.
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Hindu female to claim rights under Section 14 of the Hindu Succession Act 1956, she has to be in possession of the property.
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victim, aged about 40 years, who sustained a fracture in the left side rib, and assessed to have suffered 40% disablement,
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Injury claim - Injured, claimant aged 19 years - Suffered fracture of right 1st to 6th rib along with post/lateral aspect, partial collapse of right lungand burst anterior wedge compression fracture - inpatient for 19 days - Doctor opining permanent disability to extentof 45%
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victim suffered fracture of scapular and rib bones – disability 56% – entitled to compensation
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ஒரு கட்சிக்காரர் தன்னுடைய வழக்கறிஞரை மாற்றி புதிதாக வேறொருவரை வழக்கறிஞராக நியமிக்க ஆட்சேபனை இல்லை என்று ஒரு ஒப்புதல் கடிதத்தை பழைய வழக்கறிஞரிடமிருந்து பெற வேண்டிய அவசியம் இல்லை
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Injury claim - He suffered permanent disability of 40% due to accident - Multiplier of 16 applied - Rs.14,40,000/- awarded towards loss of income - 50% of income added towards future prospects.
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Motor accident claim petition does not abate even after the death of the injured claimant.
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Lorry in front of motor cycle - applied sudden brake without any indication, resulting in impact and deceased dashed on rear portion of lorry - There was no material to show that rider of motorcycle did not maintain sufficient safe distance
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Even in the Injury cases ,loss of future prospects can be awarded - multiplier method can be used in injury cases
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Non fatal accident - compensation - assessment of damages - Principles governing
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Non fatal accident - personal injury cases - compensation - award of - Heads under which compensation can be awarded
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Damage to taxi - Taxi owner can claim, Loss of Earning due to non use of vehicle
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Award should be itemized as - pecuniary Loss & Non pecuniary Loss - while awarding loss of earning capacity, permanent disability need not separately itemized
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In injury cases multiplier method can be used to calculate the loss of future earning - allowing interest on award is permissible
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Award compensation seperately under "permanent disability" and "Loss of Earning Capacity" , held,proper
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Award compensation seperately under "permanent disability" and "Loss of Earning Capacity" , held,proper
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For determination of future loss of earning multiplier method should be followed
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Not only for determination of future loss of earning but for attendant charges also the multiplier method should be followed
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Award compensation seperately under "permanent disability" and "Loss of Earning Capacity" , held,proper
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Apart from loss of earning,There is bound to be Loss of Earning Capacity
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Grant of compensation on both heads, PERMANENT DISABILITY "&"LOSS OF EARNING CAPACITY " Maintainable - once compensation for pain and suffering awarded, claimant not entitled to claim mental agony
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Evidence of witnesses on behalf of the complainant shall be permitted to be taken on affidavit
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Statements before tribunal, therefore will have more value than FIR
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FIR itself is not Encyclopaedia - merely based on FIR negligence can't be fastened
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vehicle number differ in FIR - FIR can't be construed as encyclopedia
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Non-filing of FIR-Not fatal to Claim Petition-FIR/Police Investigation not always a condition precedent for awarding daim Claim can be proved by admissible evidence
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Car and Bus accident - bus filed FIR against car - car driver not filed FIR against bus - 50:50 liable even without filing FIR
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FIR not an encyclopedia of all facts- FIR is only information of crime to set Criminal law in motion and not a substantive piece of evidence - Omission of a fact in FIR Of no consequence- Same can be pleaded in Claim Petition - person travelled in goods vehicle as owner of goods entitled to compensation.
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Claimant can sue both or anyone of joint tortfeasors - Claimant can at his option recover entire damages from anyone of them - In case both tortfeasors are impleaded and apportionment/extent of the irnegligence determined by court/tribunal -One joint tort feasor can recover amount from other in execution proceedings
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Front side lorry apply sudden break - car dashed back side of lorry - FIR allegations only against car driver - Tribunal without appreciation evidence of claiments , solely relying upon FIR to fix negligence on car driver, not proper
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The Court within whose jurisdiction, the branch of the bank where the payee maintains the account is situated, will have the jurisdiction to try the offence
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Court Where Cheque Is Presented For Collection Has Jurisdiction To Entertain Dishonour Complain U/S138 NI Act: Kerala High Court
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Transaction Can't Be Regarded As 'Mortgage By Conditional Sale' If Condition For Reconveyance Is Not Specified InSame Deed: Supreme Court
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Once Power Of Attorney Is Found To Be Invalid, Any Further Action Taken Pursuant To It Can’t Be Held As Valid Void document need not to be cancelled -
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If any report of the accident is forwarded to it under Section 159, the same shall be treated as claim petition. In other words, the claim petition is only a reminder to the Motor Accidents Claims Tribunal to perform its duty under Rule 21 Annexure XIII of Central Motor Vehicles Rules
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Failure of the cheque holder to record a loan given to a cheque drawer in books/Income Tax Returns will not by itself render the loan unenforceable under section 138 - The violation of Section 269-SS does not render the transaction itself unenforceable.
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person in whose name motor vehicle stands registered - In case of minor, guardian of minor would be treated as owner.
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Delay in filing FIR can't be a ground to deny claimant compensation for injuries sustained in accident
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Delay in filing FIR not create any doubt in case of claimant
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7 days delay in filing FIR - First preference for getting treatment - delay in filing FIR not fatal
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2 days delay in filing FIR - due to gravity of injury and medical certificate and other medical records which needed immediate medical attention, delay held, not fatal
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Delay in filing FIR not sufficient to raise suspicion over contents of FIR
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10 days delay in filing FIR - Reasons - claimants could not overcome shock of death of son - explanation satisfactory
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10 days delay in filing FIR - First preference given to treatment of victims is reason for delay - Delay satisfactory explained
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Delay in lodging FIR would not be fatal and claim petition need not be dismissed on that ground - Reasons for delay is mediation talks going on.
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Delay in lodging FIR would not be fatal and claim petition need not be dismissed on that ground.
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Delay in lodging FIR would not be fatal and claim petition need not be dismissed on that ground - more important for him to get hischild treated first
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Remarried widow is entitled to compensation
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unregistered partnership firm can initiate criminal prosecution through its partners - only if the representative of the firm proves the fact that he is authorised by the partners to lay the complaint In the absence of such authorization, the complaint is bound to dismissed
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Property inheritted by father is self acquired proeprty of father - sons grand sons cannot claim partition during his lifetime
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when a man and a woman have continuously cohabited for a long time, there is a presumption of marriage partition suit by grand son maintainable
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The character of the ancestral property does not change even after partition. It is well settled that if the property is ancestral in character, the Co- parcener gets his right by birth.
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Allotting the suit property to his share in O.S.No.101 of 1986, the suit property would only assume the character of the self acquired property - if the self acquired property or joint family property, once they get devolved in accordance with Section 8 of Hindu Succession Act, 1956, on principles of intestacy, the joint family property ceases to be joint family property
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The petitioners are having 4/5th share in the sult schedule property, but, the second respondent is having only 1/5th share of the suit schedule property - Attachment raised in respect of 4/5 share
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Self acquired property of father and grandfather - son or grand children has no right in the property during lifetime of father or grand father.
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Suffice to show properly is joint family property and right to partition exists - Not necessary to be in actual possession or receive income/ share from Property
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Self acquired property of "A" - "A" died intestate leaving behind his son "B" - "B" inherited the property - "B" 's sons (grand children of "A") can't claim any right over the property even if they born during lifetime of "A" - it is absolute Property of "B"
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Document Writer's Rules prohibit Document Writers to attest or identify Testator of Will
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Civil case was filed by petitioners for bare injunction and not for declaration of title - However, it is for petitioners to establish their title in respect of subject property before Civil Court
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The district court can transfer the execution proceedings to any court within its jurisdiction empowered to deal with such execution
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Transfer of Execution application along with decree by Sub Court to District Munsil Court because of enhancement of pecuniary Jurisdiction - Such Execution Petition is continuation of earlier one and bar of limitation would not applicable even though such Execution Petition was filed beyond 12 years
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Title vested in Auction Purchaser in Court Auction sale under Section 65 - Suit for Recovery of Possession maintainable, even if Auction Purchaser's remedy under Order 21, Rule 95 is time barred
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Sale deeds were executed by father of plaintiff not only in respect of his share but also on behalf of plaintiff in 1967 - Plaintiff was made eo- nominee party in sale deed - Sale deeds clearly showed that plaintiff was aged about two years at time of execution - Suit ought to have been filed by plaintiff after attaining majority in 1986 - Suit was filed in 1987 - Suit barred by limitation
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A partition can also be effected under a settlement or oral understanding - partition between parties as early as on 1989 - daughter not entitled to partition
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Depositors haveto be treated as secured creditors as regards properties attached by Govt - Special Court established under Act of 1997 does not have power to adjudicate a person as an Insolvent.
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One of co owner created Mortgage with respect to entire property - Ex parte Order passed in DRT proceedings, held, not binding of Plaintiff, a third party to said proceedings
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Recital of boundaries in document inter partes - Relevancyas admission.
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Recitals of boundaries in deeds not inter partes - Are inadmissible in evidence unless the executants thereof are examined.
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Suit property was not attached prior to adjudication of Petitioner as insolvent Order of Attachment is ineffective
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Goodwill and tenancy rights of judgment -debtor - Canbe attached
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Person not depending on tilling for his livelihood is not agriculturist - Wada of such person is not exempt from attachment
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Enforcement of decree against legal representative-Liability of ancestrar property- Property liable to attachment and sale in execution of decree
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Failure on part of Judgment Debtor to take objection with regard to validity of order of attachment at earliest point of time would amount to constructive res judicata - Not open to judgment debtor to raise objection with regard to validity of order of attachment at time of sale.
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Management could not take action against the employees for messages that were posted in a WhatsApp group chat expressing critical views
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