.....to order the return of the vehicle to the appellant on the following conditions which are set out in paragraph 7 of the order: “7. considering the facts and circumstances of the case and that the vehicle is kept in the open space and exposed to natural calamities, this court directs the learned judicial magistrate - ii, salem, to return the vehicle “tata407(turbo) tempo” bearing reg.no.ka-01-c-8853 to the petitioner, on the following conditions:- (i) the petitioner shall produce the original rc book of the vehicle and other relevant records to prove his ownership and the learned magistrate, on perusal of the rc book and other records, retaining the xerox copy of the same, shall return the original documents to the petitioner with a view to use the vehicle; (ii) the petitioner shall not alter or alienate the vehicle in any manner till confiscation proceedings is over; (iii) the petitioner is directed to deposit a sum of rs.1,00,000/- (rupees one lakh only), as non- refundable deposit through rtgs/neft in favour of the joint secretary & treasurer, chief minister’s public relief fund, finance (cmprf) department, government of tamil nadu, secretariat, chennai 600 009, tamil.....
Tag this Judgment! Ask ChatGPT.....the relied upon gift deed. keshav civil appeal no.364/2022 page 2 of 13 claimed that he was a tenant in occupancy of the land for over 15 years, a fact admitted by hardei before the revenue authorities. keshav had therefore acquired rights over the land. hardei, during her lifetime, had denied execution of the gift deed and opposed the request of mutation of the land in favour of gian chand and dhanbir, which request for mutation was rejected in 1989.4. the sub-judge 1st class, chamba, himachal pradesh, vide judgment and decree dated 17th december 1997, while accepting that the gift deed was a registered document, held that the document was of decrepit origin. the gift deed was not signed by gian chand. there was contradiction and lack of clarity whether post the execution and before registration, the gift deed was handed over to hardei, the first plaintiff or to the other plaintiff. hardei used to reside with keshav, who would look after and take care of her. keshav also performed her last rites. given these facts, execution of a gift deed by hardei in favour of gian chand and dhanbir would not arise. hardei in her life time had opposed and objected to the request for mutation.....
Tag this Judgment! Ask ChatGPT.....he was receiving rs 2100 as a monthly income, the total compensation payable was arrived at rs 2,78,926 (60% of 2100 (monthly income) x 221.37 (age factor as he was 22 years old) x 100 (loss of earning)). the labour commissioner directed that the compensation must be paid together with interest at the rate of 12 per cent per annum on the principal sum awarded from the date of accident till the deposit. 4 the first respondent, who is the insurer, filed an appeal before the high court, being fao no 358 of 2018, with a delay of 619 days. the high court, by its order dated 11 april 2018, dismissed the application for condonation on the ground that there was an unexplained delay of 619 days. nonetheless, the high court directed that the appellants are not entitled to any interest on the compensation awarded except the accrued interest. the order of the high court was sought to be reviewed, but the petition for review was also dismissed on 8 february 2019 on the ground that the first appellant has already withdrawn the entire awarded amount along with the accrued interest. 5 the judgment of the high court is inexplicable. having dismissed the appeal of the insurer on the ground of.....
Tag this Judgment! Ask ChatGPT.....2008, was that both at the time of loading and until the date of the communication, the proper temperature was maintained. this submission is, in fact, borne out by the log sheet. the exceptions to the policy made it abundantly clear that the insurer would not be liable for any damage if the temperature in the refrigeration chamber did not exceed 4.40 c. consequently, clause 6 of the warranties required the insurer to ensure that during the period of storage, the temperature did not exceed 400 f (4.40 c). having regard to the specific terms of the policy, the admission of the appellants that the temperature was maintained 4 at all material times, would clearly attract the exceptions to the policy.11. mr sanjeev kumar, counsel appearing on behalf of the appellants, however, sought to rely on the conclusion which was reflected in the report of the surveyor. the conclusion is as follows: “in my opinion the sprouting could have taken place only due to higher humidity and temperature in the chamber, which however does not tally with the dry and wet bulb temperatures recorded in the log book. there seems to be no other cause for the sprouting. the loading was within the licensed.....
Tag this Judgment! Ask ChatGPT.....action in a civil court, he is free to file an application under section 5 of the limitation act, 1963, and, in such contingency, the chronological facts and proceedings in the consumer protection fora would be material and relevant towards making such application. 1 learned counsel for the revisionist state bank of india submits that it will not press the issue of limitation if action is brought by the complainant in a civil court. reasoned judgment to follow.3. the national commission passed impugned judgement on 14th june, 2019, allowing the said revision petition. being aggrieved by the said judgement and order, the appellant (original complainant) has filed the present appeal.4. the short facts giving rise to the present appeal are that the appellant- complainant had filed the consumer case being no.08 of 2014 before the consumer disputes redressal forum, purba medinipur (hereinafter referred to as “the consumer forum”) alleging inter-alia that the appellant i.e., sunil kr. maity had a saving account number 01190010167 with the respondent-bank since january, 2000. on 24.02.2010, the said account number was changed to number 10140478732. on 15.09.2012, the appellant went.....
Tag this Judgment! Ask ChatGPT.....the present appeals. 12. that the respondent herein – assessee -dealer (earlier known as essar steel ltd.) is engaged in the activity of manufacture and sale of hot briquetted iron (hbi) and hot rolled coil (hrc) at its two units located at hazira in surat, gujarat. the respondent holds registration certificate under the gujarat sales tax act, 1969 and also under the central sales tax act, 1956. the respondent made eligible investment in unit no.1 pursuant to resolution dated 07.05.1986 issued by the industries, mines and energy department of the government of gujarat. therefore, the respondent was certified as entitled to avail incentives during the eligible period from 01.08.1990 to 31.07.2004 up to the upper monetary limit of rs.237.59 crores. 2.1 the government of gujarat vide resolution dated 26.07.1991 announced a scheme known as "the scheme for special incentives to prestigious units 1990-95 (modified)" for attracting investments in core sector industries. under the said scheme, a prestigious unit was eligible for incentives up to 90% of the fixed capital investment. that pursuant to the said scheme, the respondent – essar steel ltd. (hereinafter referred to as.....
Tag this Judgment! Ask ChatGPT.....name of shoukat ali. the allegation is that during the subsistence of the previous marriage, she married the second respondent by suppressing the fact that she had a subsisting marriage. according to the complaint, the appellant has committed an offence punishable under section 495 of the ipc since she concealed the fact that she had a subsisting marriage when she married the second respondent. 5 the case of the appellant is that she and the second respondent got married on 11 january 1996. alleging matrimonial abuse at the hands of the second respondent on account of her failure to fulfill his demands for dowry, the appellant lodged a complaint and a criminal case, namely case no 51/11, under section 498a of ipc was accordingly registered at the ‘all women police station’. on 5 september 2011, the second respondent is alleged to have forwarded a purported divorce certificate dated 18 august 2011 through the sadar kazi, kamrup, guwahati to a neighbour of the appellant. on 17 september 2011, the appellant instituted proceedings before the principal judge of family court – i, kamrup, which was numbered as fc (civil) case no 545 of 2011 to challenge the purported divorce......
Tag this Judgment! Ask ChatGPT.....we are of the opinion that rs. 50,000/- awarded towards loss of amenities, joy and rs. 50,000/- awarded towards pain/sufferings respectively can be said to 3 be on the lower side. in the facts and circumstances of the case, we are of the opinion that under the aforesaid heads, namely, loss of amenities, joy and towards pain/sufferings respectively, if a further sum of rs.2,00,000/- [over and above rs.1,00,000/- (rs. 50,000/- on each count)]. is awarded, it will meet the ends of justice.6. in view of the above and for the reasons stated above, the present appeal is allowed in part. the impugned judgment and order passed by the high court is modified and it is held that the claimant shall be entitled to a total sum of rs.29,36,541/- under different heads including a total sum of rs.3,00,000/- under the heads “loss of amenities and joy and pain/sufferings”, which shall carry interest at the rate of 7% per annum from the date of application till its realisation. no order as to costs. ………………………………..j.[m.r. shah]. new delhi; ………………………………..j.january21 2022. [sanjiv khanna]. 4
Tag this Judgment! Ask ChatGPT.....of the project. further, on 14 september 2017, the occupation certificate was issued in respect of tower b of the project. 5 other than these common facts in relation to the project, the appeals arise from separate complaints and have distinct facts. however, they raise a common issue. hence, we shall set out the facts of the lead appeal (civil appeal no 180 of 2022) in detail. 6 in civil appeal no 180 of 2022, the first respondent filed a booking application for an apartment in the project on 22 december 2010. an amount of rs 15,00,000 was paid as booking amount by a cheque dated 14 october 2010. 7 the appellant issued a letter offering allotment to the first respondent on 14 january 2011, by which the appellant allotted an apartment having a tentative super area of 2809 sq ft, bearing no b3203, floor 31 in tower b of the project. the appellant and the first respondent entered into an apartment buyers agreement7 on 14 february 2012. 8 due to the apartment not being handed over in time by the appellant, the first respondent filed a consumer complaint8 before the ncdrc on 3 may 2017. the reliefs claimed in the complaint were as follows: “i. direct the opposite parties to.....
Tag this Judgment! Ask ChatGPT.....or mala fide8. on the other hand, courts/tribunals themselves set up expert committees on occasion. these committees are set up because the fact-finding exercise in many matters can be complex, technical and time-consuming, and may often require the committees to conduct field visits. these committees are set up with specific terms of reference outlining their mandate, and their reports have to conform to the mandate. once these committees submit their final reports to the court/tribunal, it is open to the parties to object to them, which is then adjudicated upon. the role of these expert committees does not substitute the adjudicatory role of the court or tribunal. the role of an expert committee appointed by an adjudicatory forum is only to assist it in the exercise of adjudicatory functions by providing them better data and factual clarity, which is also open to challenge by all concerned parties. allowing for objections to be raised and considered makes the process fair and participatory for all stakeholders. 15 sections 14 and section 15 entrust adjudicatory functions to the ngt. the ngt is a specialized body comprising of judicial and expert members. judicial.....
Tag this Judgment! Ask ChatGPT