Court : Punjab and Haryana
Decided on : May-02-1989
Reported in : AIR1990P& H62
..... has come up in the revision petition assailing the correctness of the order of the learned executing court.3. the view taken by the learned trial judge is unsustainable. section 21 of the code of civil procedure enacts that no objection to the place of suing should be allowed by the appellate or revisional court, unless there was a consequent ..... of the appellants, therefore, that the decree and judgment of the district court, monghyr, should be treated as a nullity cannot be sustained under s. 11 of the suits valuation act'.this view was followed by this court in inder singh v. suba singh, air 1956 punjab 242 and thereafter in narain kumar v. neki ram, (1984) 1 ren cr ..... a consequent failure of justice. it is the same principle that has been adopted in s. 11 of suits valuation act with reference to pecuniary jurisdiction. the policy underlying ss. 21 and 99, cpc and s. 11 of the suits valuation act is the same, namely, that when a case had been tried by a court on the merits and judgment .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-14-1989
Reported in : I(1990)DMC384
..... of such marriage. the second authority cited was muthammal v. maruthathal, (1981 crl.l.j. 833) wherein it was held as under :--'where the charge under sections 109 and 494 was levelled against the petitioners who were alleged to have abetted the accused to marry during subsistence of the first marriage, the charge could not be ..... accused person can be charged and convicted for the offence of abetment where there is evidence to show that such persons have instigated or otherwise abetted in the acts of the person who has actually committed the offence or crime.'7. there is no dispute with the proposition of law enunciated in the aforecited authorities. the fact ..... 1981. in the year 1982, her husband manohar lal accused developed illicit relations with vinod kumari, accused no. 2. manohar lal started mat-treating her and also acted with cruelty. raman and shastri and ashok kumar were present at the time of the performance of the second marriage of manohar lal with vinod kumari, co-accused at .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-08-1989
Reported in : AIR1989P& H287
I.S. Tiwana, J. 1. A decree for Rs. 8,32,260.03 paise with costs has been passed by the Additional Senior Sub-Judge, Ludhiana, against the appellants by striking off their defence under Order 10, Rule 4(2), C.P.C. The respondent bank has further been made entitled to recover this amount with interest at the rate of 18% from the date of the suit, i.e., Mar. 14, 1980 to the date-of its realisation. The suit was tiled with the allegations that the bank provided the following credit facilities to the appellants : --(i) Pre-shipment advances; (ii) Packing credit (Shipping loan); (iii) Foreign Bills, Purchases, and (iv) Post-shipment loan;and the above noted amount was due to it on that account.2. In order to appreciate the respective contentions of the parties now it is just necessary to notice the interim orders that led to the striking off the defence of the appellants and the passing of, the decree in question. Their verbatim reproduction is as follows : --'(16-7-80) Present Counsel f...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-30-1989
Reported in : AIR1989P& H307
Gokal Chand Mital, J.1. In a representative, suit preliminary decree for partition of Abadi Deh of village Garhi Sampla was passed by the Sub-Judge 1st Class, Rohtak, on 23rd Feb., 1981. The Court passing the preliminary decree appointed Shri S. S. Dahiya, Advocate, as the Local Commissioner to partition the land. However, later on that Local Commissioner was removed and Shri Vijay Singh retired Tehsildar was appointed as theLocal Commissioner to propose partition in accordance With the preliminary decree. He submitted his report suggesting partition of the Abadi land and against it some of the co-sharers filed written objections. 2. On 14th Oct., 1985 the objectors and/or their Advocates made joint statement before the Court to the following effect: We agree that Shri Sultan Singh Dahiya, Advocate, Rohtak, be appointed referee in this case for deciding objections and any other dispute in the suit 'Surat Singh v. Kehri' Whatever he decides will be binding on all the parties. He will be...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-01-1989
Reported in : 1991ACJ1149
..... rounded off to rs. 87,000/-. the compensation payable to the claimants is accordingly hereby reduced to this sum. the amount already paid to the claimants under section 92-a of the motor vehicles act, 1939 has, of course, to be deducted from this sum. in other words, the compensation payable to the claimants now would be rs. 72,000/- which the ..... of the matador, the tribunal held the claimants entitled to a sum of rs. 1,15,200/- as compensation including the amount already received by them under section 92-a of the motor vehicles act, 1939.2. reference to the record would show that harish chander deceased was only about 23 years of age at the time of his death. the claimants .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-12-1989
Reported in : 1991ACJ876
Amarjeet Chaudhary, J.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Faridabad (for short 'the Tribunal') dated 19.10.1984, who had granted Rs. 2,000/- as funeral expenses of Sharda (deceased) to the claimants though they had prayed for the grant of compensation in the sum of Rs. 40,000/- for the death of their mother. The manner of accident is not in dispute. The Tribunal did not grant any compensation to the claimants on the ground that the deceased was not earning anything. It has come in the evidence that Sharda (deceased) used to help her husband in his day-to-day affairs and also used to supply milk at his tea-stall and render service of routine. Even assuming for the sake of arguments that the deceased was not earning, her earning capacity cannot be ignored. Even minimum monthly earning of a daily wager is Rs. 500/-. In view of the above, the minimum dependency can be taken to be Rs. 300/- p.m. to which the claimants are entitled. The age of...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-10-1989
Reported in : I(1990)ACC298; 1990ACJ852
Amarjeet Chaudhary, J. 1. This appeal is directed against the award dated 22.10.1984 of the Motor Accidents Claims Tribunal, Narnaul, whereby a sum of Rs. 42,000/- was awarded as compensation to the appellants. Feeling dissatisfied with the sufficiency of the amount of compensation the appellants have preferred the present appeal.2. On 25.9.1983 at about 10.00 a.m. when Kartar Singh deceased was going on the road, a bus No. RRB 5682 belonging to Rajasthan Road Transport Corporation, Jaipur struck against him as a result of which he received injuries and later on died. His wife and children filed a claim petition for the death of Kartar Singh. It was found by the Tribunal that the accident was caused due to rash and negligent driving by the driver of bus No. RRB 5682. After perusing the evidence, the Tribunal observed that at the time of death the deceased was of 40 years of age. He found the dependency of the appellants to the tune of Rs. 3,500/- per year and while applying a multiplie...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-22-1989
Reported in : 1991ACJ918
S.S. Sodhi, J.1. The claim in appeal here is for enhanced compensation. The claimants being the mother, widow and minor children of Kundan Lal Khanna deceased, who was killed while travelling in the Haryana Roadways bus HRU 2806 when it was involved in an accident with the truck JKQ 7031 coming from the opposite direction. This happened at about 4.30 a.m. on February 13, 1983 in the area of village Bara near Sirhind. It was the finding of the Tribunal that the accident had been caused due to the rash and negligent driving of the bus driver. A sum of Rs. 67,200/-was awarded as compensation to the claimants.2. A reference to the evidence on record would show that Kundan Lal Khanna deceased was about 43 years of age at the time of his death. He died leaving behind his widow Sheela Rani, four sons and two daughters ranging in age from 8 to 16 years, besides his 60 years old widowed mother, who were all dependent upon the deceased. Kundan Lal Khanna deceased was employed as a foreman with H...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-18-1989
Reported in : 1990ACJ471
S.S. Sodhi, J.1. While travelling on the roof of the Pepsu Road Transport Corporation bus PJG 7132, a branch of a tree hit Gurmail Singh, as a result of which he sustained injuries and later died. This happened at about 5.30 p.m. on June 23, 1983 on the Moga-Baghapurana Road. The Tribunal held this to be a case of contributory negligence on the ground that 'the deceased by travelling on the roof of the bus had voluntarily submitted himself to the risk involved in such travelling'. The compensation payable to the claimants, they being the parents, widow and children of Gurmail Singh deceased, was assessed at Rs. 57,600/-, but after making the requisite deduction on account of the contributory negligence of the deceased, the amount actually awarded was only Rs. 28,800/-.2. It is now the settled position in law, as held by this court in Vijay Singh v. Haryana Roadways 1990 ACJ 18 (P&H;), that travelling on the roof of a bus does not per se constitute contributory negligence on the part of...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-21-1989
Reported in : 1990ACJ1064; (1990)97PLR493
..... of adversary litigation but it is a challenge and an opportunity to the government and its officers to make basic human rights meaningful to the deprived and vulnerable sections of the community and to assure them social and economic justice which is the signature tune of our constitution. the government and its officers must welcome public interest ..... state action is challanged, the function of the court is to examine the action in accordance with law and to determine whether the legislature or the executive has acted within the powers and functions assigned under the constitution and if not, the court must strike-down the action. while doing so the court must remain within ..... the present day economic condition so as to be on a par with the amount which would have been awarded to the dependents under fatal accidents act or the workmen compensation act.(c) a writ of mandamus be issued directing the respondents to bear the entire costs of the treatment of those injured in terrorist attacks and .....
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