Court : Punjab and Haryana
Reported in : 1997ACJ1081; (1997)117PLR302
..... , under clause (c) as extracted above, the liability of the insurance company was limited to the statutory amount as fixed under section 95(2) of the act, we are, therefore, of the opinion that the learned single judge rightly limited the liability of the insurance company to rs ..... under the motor vehicle (third-party insurance) rules 1946 framed under section 111 of the act, the certificate of insurance shall be issued in form a set out in the schedule to the ..... under section 94 of the motor vehicles act, 1939 (section 146 of motor vehicles act, 1988) no person shall use or cause or allow any other person to use the motor vehicle in a public place unless there is in force in relation to the use of the vehicle by that person or that person, as the case may be, a policy of insurance complying with the requirements of chapter viii of the motor vehicles act, 1939 (chapter xi of the motor vehicles act, 1988 ..... in the instant case had it been done so at the appropriate stage necessity of approaching this court in civil appeal would in all probabilities have been avoided. ..... these two matters arising out of claims for compensation under section 110 of the motor vehicles act, 1939 were referred to a full bench as it was felt that there were conflicting opinions on the admissibility of the copy of the insurance policy in evidence and the onus to prove the terms of the ..... this definition can safely be taken in the ordinary sense to be the definition of a public ..... 1979 acj 208, united india fire .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2000)125PLR303
..... learned counsel shri sewa singh, submitted that the first appellate court fell in error in allowing the application under section 5 of the limitation act as there was hardly any sufficient cause for condoning the delay of five and half ..... the phrase 'sufficient cause' has been interpreted from time to time by the hon'ble supreme court and the high courts and the final opinion which has been formulated by the hon'ble supreme court is that (i) while dealing with such cases, parity has to be maintained between a private citizen and the government institutions, corporate bodies and ..... no valid basis on the part of the counsel for the appellant to say that the plaintiff only challenged the interest portion of the case before the first appellate stating as follows:-'the learned lower court erred in ignoring the above prayer of the appellant and had decreed the suit of the appellant in terms of resolution no. ..... passed with the consent of the parties and by virtue of the provision of section 96 of the clause (3) of code of civil procedure, the appeals of the parties were not maintainable. ..... the directions are given to the registry to send the record of the case back forthwith to the court of civil judge (junior division), rohtak, so that he may be able to proceed with the case, according to ..... land acquisition officer, bangalore, and 1996(3) s.c.c ..... has given a chart how he was allegedly entitled to different grades from 14.7.1979 to 14.7.1987 in para no. ..... 14.7.1979 on ad hoc basis in the grade .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)143PLR459
..... every instrument and thing so executed and done, shall be as effectual in law as if it had been executed or done by the donee of the power in the name, and with the signature and seal, of the donor thereof.this section applies to powers of attorney created by instrument and thing so executed and done, shall be as effectual in law as if it had been executed or done by the donee of the power in the name, and with the signature and ..... further, it will be relevant to reproduce sections 182 to 188 of the contract act, section 118 of the evidence act and section 1a of powers of attorney act.indian contract act, 1872.182, 'agent' and 'principal' ..... [1994]3scr385 , the hon'ble supreme court has occasion to consider the consent of an attorney given under section 399(3) of the companies act to application on ground of oppression and ..... it is pointed out that the provisions of chapter x of the contract act particularly section 188 contemplate that an agent having an authority to do an act has authority to do 'every lawful thing', which is necessary in order to ..... definition- in this act, 'power of attorney' includes any instrument empowering a specified person to act for and in the name of the ..... , which has been followed by the court in civil revision no. ..... : [1979]2scr424 , it has been held by the hon'ble supreme court that relation between the donor of the power and the donee of the power is that one of principal and agent and the expression 'agency' is used to connote the relation which exists .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1999P& H327; (1999)123PLR78
..... remarks passed by the learned single judge of hon'ble high court of punjab and haryana against the civil servants who were acting in good faith in the discharging of their duties at government ..... also invoked the principles from the service jurisprudence and placed reliance on the decision reported in (1976)2 serv lr 509 : (air 1976 sc 2428 and (1979) 1 serv lr 710 : (1980 lab ic noc 8) (sc) to contend that if the constitution of the selection committee is not challenged, the selection cannot ..... been raised and sustained in 1996, the 1st respondent could have sought its remedy before the civil court. ..... it is not necessary to enlist the categories of cases in which the courts would review an administrative decision or act suo motu, it can be broadly said that whenever any action appears to cause an unjust differentiation or is lacking in procedural propriety and fairness, the court, even by the conservative standards, shall not be a dumb, mute and ..... the above, we are also of the view that the writ petition having been entertained by the court in the year 1996, it would not be fair to sustain the plea of delay at this ..... present, there is nothing on which a definite opinion may be recorded. ..... a notification under section 4 of the land acquisition act, 1894. ..... direction had been given to the state government to constitute a committee to 'determine after looking the records of the case of the allotment whether all the questions relating to the industrial development in and around ludhiana city... .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1983P& H94; [1984]56CompCas236(P& H)
..... particular notice is called for to section 110-f which bars the jurisdiction of civil courts with regard to such claim for compensation in areas where a tribunal has been constituted. ..... in india as in england the legal position was the same, following the english common law till the passing of the fatal accidents act (act 13 of 1855) as is evident from the preamble thereof :--'whereas no action or suit is now maintainable in any court against a person who, by his wrongful act, neglect or default, may have caused the death of another person, and it is often-times right and expedient that the wrongdoer in such cases should be answerable in damages for the ..... equally it deserves reiteration that obviously in recognition of the aforesaid legal position, the full bench in lachhman singh's case (air 1979 punj & har 50), had in turn laid down that the amount of insurance policy of the deceased, to which the dependants may become entitled is not to be taken into consideration for determining a suitable multiplier for the grant of ..... 251, 279 and 300 of 1979, the identical questions arose and were consequently directed to be heard by the same bench as well.5. ..... this was so observed by the full bench in lachhman singh's case (air 1979 punj & har 50)(supra). ..... gurmit kaur, air 1979 punj & har 50, after an exhaustive discussion of principles and precedents formulated the following amongst other propositions (at p. 59) :--'........... ..... sibananda patnaik, 1979 acc cj 45(orissa) must be noticed. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1991ACJ374; (1991)99PLR49
..... in view of the peculiar facts and circumstances of this case, i am of the view that a multiplier of 18 should be given in the present case since the deceased was having three members of his family, this court keeping in view all the facts and circumstances of the case and keeping in view the unit system holds that the deceased must be spending 1/4th of his income upon himself and must have been ..... given a multiplier of 18 and 20 maltiplier of 20 seems to be the outer limit in the entire case law, referred to above, including the one given by the apex court in jyotsna dey and others' case (supra) it would be seen that the apex court after applying a multiplier of 25 reduced the compensation by 1/5th as the payment was to be made in sump sum meaning thereby that the dependents of the deceased ultimately gat only that much money which they would ..... the claimant (the widow and two minor children in the petition under section 100-a of the motor vehicles act (for short the act') claimed compensation to the tune of rupees 5 lacs for the loss to which they have been put on account of ultimately death of the sole bread winner of the family.2. ..... as to what percentage of the income has to be held to be the dependency of the family, it would depend upon the facts of each case and this is the only way in the considered opinion of this court to arrive at just 'compensation' within the meaning and purview of section 110-b of the motor vehicles act.13. ..... gurmit kaur, (1979) 81 p. l. r. 1 (f. b.)3. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1984P& H35
..... was declined as barred by time holding that the claim proceedings were in the nature of a civil suit; that the tribunal was a civil court for all intents and purposes and that the application for impleading the legal representation would be governed ..... in the act prohibits resort by the tribunal to the principles embodied in various rules relating to the conduct of proceedings before a civil court. ..... out of motor accidents were tried by the civil courts prior to the enactment of motor vehicles (amendment) act. ..... for all intents and purposes a civil court discharging the same functions and duties in the same manner as civil court is expected to do. ..... tribunal or the high court is held to be acting as court, from this alone it cannot be said that the application to be filed for bringing on record the legal representatives before the tribunal or court of appeal would be an application under the civil p. c. ..... (air 1972 punj 65) that the high court hearing appeals against the award of the tribunal acts as a court and that the claims proceedings even if at inception have resemblance to arbitration proceeding do not retain this character as such in appeal. ..... (air 1970 bom 337) the division bench of the bombay high court went still further and for holding that it was the duty of the tribunal itself to ascertain and bring on record the parties liable ..... gurmit kaur, 81 pun lr 1 air 1979 punj & har 50) wherein it was held that for the purpose of calculating the just compensation, annual ..... city .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2000)126PLR94
..... of india empowers the high court to issue writs, orders or directions in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of fundamental rights and for any ..... this case is as to whether, whatever be the conduct of an employee, when the court might find an enforceable right in favour of a citizen, it must command the employer to meet its obligation or that if the finding with regard to reprehensible conduct of the petitioner can be returned, he can be denied the relief asked for by him, or in alternative asked to seek his remedy through civil court or other forums that may be available to him. 12. article 226 of the constitution ..... the provisions contained in section 13 of the said act, gratuity is protected inasmuch as no gratuity payable under the act, can be liable to attachment in execution of a decree of civil revenue or criminal court. ..... the appeal before the learned district judge, petitioner had even preferred a civil writ petition before the delhi high court challenging the recovery from him for the period from 1-1-1976 to august, 1979 ..... in may , 1979 , petitioner was ..... to retain the official residence notwithstanding the fact that the allotment was cancelled from 1-7-1979 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1985)ACC550; AIR1985P& H329; [1986]60CompCas493(P& H)
..... arose for consideration was as to whether the claim for compensation could have been filed in civil court or before the tribunal and whether within the period envisaged in the fatal accidents act or the one envisaged in section 110-a (3) of the motor vehicles act. ..... the tribunal is referable not only to the pecuniary loss suffered by the dependents but also the pecuniary loss suffered by the estate, the expression 'legal representative of the deceased' obtaining in section 110-a of the motor vehicles act in our view would refer to the dependents, who had suffered pecuniary loss as a result of such death, as also such other person who, in the absence of the dependents under ..... in a case that was before the said bench, brother as legal representative was entitled to lay a claim in terms of section 2 of the fatal accidents act read with section 110-a of the motor vehicles act to the loss to the estate of the deceased, but with respect we do not agree with the view that secs. ..... question then arises could the dependents surviving the deceased claim damages in regard to the pecuniary loss suffered by the estate section 2a of the fatal accidents act provides for joining of a claim for damages in regard to the pecuniary loss to the estate by the executor, administrator ..... gurbachan singh 1980 acc cj 462: (1979 all lj 222) fall in the same category as that of dewan hari chand's case (supra), as in the presence of the widow, mother, son and daughter, brother could not ..... 1979 acc cj 229: (air 1979 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H372
..... (2) nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument of under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.' 33 ..... air 1929 pc 181, as under :--'it is always unsatisfactory and generally unsafe to seek the meaning of words used in an act in the definition clauses of another statute dealing with matters more or less cognate, even when enacted by the same legislature and much more so when resort is had to the enactments of other legislatures ..... lastly, the admitted fact to this dowry having been kept in the matrimonial home for well-nigh two years (from the alleged date of entrustment on the wedding day of 28th of january, 1979) which inevitably brings in the strongest presumption of the jointness of possession and control negates the very concept or continuance of any such entrustment. ..... reiterating the stand taken on behalf of the petitioners in bhai sher jang singh's case (1978-80 pun lr 737: 1979 cri lj 493) (supra) and assiduously assailing its ratio, mr. ..... kaur, (1978) 80 pun lr 737 : (1979 cri lj 493) must be noticed. ..... rani respondent to vinod kumar sethi petitioner took place at bhatinda on the 28th of january, 1979, according to hindu vedic rites. ..... preceding observations apply equally to this aspect of the judgment in bhai sher jang's case (1979 cri lj 493) (supra). .....
Tag this Judgment!