Court : Punjab and Haryana
Decided on : Nov-05-2003
Reported in : II(2004)ACC108; AIR2004P& H162; (2004)136PLR440
..... i.e., railway risk rate, then the railway administration is liable for the loss or damage caused to the same during the course of transit.15. section 78 of the act pertains to exoneration from responsibility in certain cases, which reads as under:-78. exoneration from responsibility in certain cases.- notwithstanding anything contained in the foregoing ..... or the consignee;g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods;h) latent defects;i) fire, explosion or any unforeseen risk;provided that even where such loss, destruction, damage, deterioration or non-delivery is proved to have arisen from any one or more of ..... the state of despatch. in view of the aforesaid judgments, i am of the opinion that the railway administration was not entitled for any benefit under section 74 of the act.21. in view of the aforesaid discussion, the instant appeal is allowed with costs. the impugned judgment and decree passed by the learned trial court is .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-12-2003
Reported in : (2005)140PLR212
..... singh son of partap singh.10. now, the first question to be seen is whether the said will has been duly proved. according to section 63 of the indian succession act read with section 68 of the indian evidence act, the will is required to be attested by two witnesses and one attesting witness is required to be produced for proving its due execution ..... s son, is a class-ii heir and falls in entry no. iv while nand kaur falls in entry no. vi of class-ii heirs and according to section 9 of the hindu succession act, heirs falling in the 1st entry shall be preferred to those in the iind entry and so on in case of succession to the property. thus, respondent ..... the plaintiff has no locus standi to file the present suit? opd3. whether the suit is not maintainable in the present form? opd4. whether the plaintiff is estopped by his act and conduct to file the present suit? opd5. whether the suit is bad for non-joinder of necessary parties? opd6. whether the defendants are entitled to special costs of rs .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-12-2003
Reported in : (2004)137PLR723
..... the defendants at the reserved price at rs. 75/- per sq. yard, as approved by d.c., bhiwani to the plaintiff? opd 3. whether any notice under section 52 of the haryana municipal act, 1973 was required to be served on the defendants? opd 4. if issue no. 3 is proved was any such notice served on the defendants? opp 5. ..... the court of competent jurisdiction.6. the suit was contested by the municipal committee on the ground that the suit was not maintainable in face of provisions of section 52 of the haryana municipal act, 1973 as well as agreed price of the plot was to be paid at the rate of rs. 75/- per square yard, which the plaintiffs had ..... by the learned counsel for the appellants mainly on two grounds:-i. that appropriate notice was not served upon the appellants in accordance with the provisions of the haryana municipal act, 1973 so as to empower the authority to take any further action or to obstruct the plaintiffs from carrying on their business: ii. the costs, in relation to shops, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-18-2003
Reported in : (2004)138PLR49
Ashutosh Mohunta, J.1. The appeal is directed against the award dated 9.10.1990 given by the Motor Accident Claims Tribunal, Gurgaon.2. Madan Lal, his wife Smt. Meena alias Maina, his son Vikas (present appellant) were on their way from Gurgaon to Faridabad on scooter bearing No. HYW-917 on 17.8.1989 at about 5.15 P.M., when they were knocked down by the truck bearing registration No. DIG-3345. Madan Lal, who was 43 years of age and was working as Assistant Manager with the Eicher Tractors Limited, Faridabad, died at the spot. His wife Smt. Meena, who was aged about 38 years and was a J.B.T. Teacher, suffered serious injuries and remained hopitalised at Safdarjang Hospital, New Delhi, for 15 days and thereafter she succumbed to her injuries. Vikas was aged 11 years at that time and was studying in sixth class at the relevant time, suffered permanent disability, underwent pain and suffering and thus, he became crippled for the whole life. The Motor Accident Claims Tribunal Gurgaon (for ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-19-2003
Reported in : III(2004)ACC160; 2005ACJ1611; AIR2004P& H148; (2004)136PLR436
..... 'thus, the liability of the railway administration in such case would be to pay compensation to the extent as may be prescribed by rules made under the railways act. section 129 empowers the central government to frame rules in this regard. in exercise of such power, the central government has framed the rules known as the railway accidents ..... appellant no. 1, after collecting some papers like post mortem report, inquest report, death certificate etc. filed the instant claim petition before the tribunal under section 16 of the rct act. this claim petition was filed by the widow of the deceased i.e. appellant no. 1, for herself and on behalf of three minor children of ..... 'untoward incident'. therefore, in my opinion, the claim made by the appellants, being dependants of the deceased is fully covered by the provision of section 124-a of the railways act, as the deceased, who was a valid passenger died in the railway untoward incident which occurred in the working of the railway and the railway .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-02-2003
Reported in : (2004)136PLR508
..... state.' a reading of the judgment of the division bench would reveal that only tarlok singh was found guilty of murder of surinder kaur and convicted under section 302 ipc for his individual act of causing death by pouring kerosene oil on her and setting her on fire. further more, the finding of the court was also that tarlok singh had ..... as the petitioner was involved in a heinous crime for the murder of his wife.2. the brief facts of the case are that the petitioner was convicted under section 302/34 ipc for the murder of his wife vide judgment dated 8.8.1995 passed by the learned sessions judge, patiala and has been awarded sentence of life ..... of 'murder' which would probably be one where the murderer repeatedly inflicts fatal injuries on the victim and thereafter removes the dead body and disposes it of or otherwise acts in an unusual or brutal manner. in support of his contention the learned counsel relied upon a decision of this court rendered in tarlok singh v. state of punjab, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-03-2003
Reported in : (2004)137PLR606
..... perusal of the judgment ex.d3 would show that the learned sub judge dismissed the suit on the score that the dispute pertain to shamilat deh and barred under section 13 of the act. similarly, the collector vide his decision, copy of which is ex.d4, declined to issue injunction against the panchayat holding that it had no such jurisdiction. the ..... shown in red colour in the site plan is abadi deh which does not fall in the definition of expression 'shamilat deh'. therefore, the bar created by section 13 of the act was not attracted. on the basis of the report of the local commissioner and document ex.p3 which is a copy of entry in the misal khasra khana ..... be decided against the plaintiff-respondent.12. shri j.b.s. gill, learned counsel for the respondent has referred to the definition of shamlat deh in section 2(1)(g) of the act and argued that the land is described in the revenue record as abadi deh and has been specifically excluded from the definition of shamlat deh. accordingly, if .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-03-2003
Reported in : (2004)137PLR772
..... the order of the assistant custodian had been set aside is without jurisdiction, non-est, void etc. however, the provisions as contained under section 10 and section 20 of interest (separation) act, 1951 were not noticed. thus, the remedy for the plaintiff lay some where else which unfortunately was not availed of. the appeal ..... being evacuee property, the civil court has no jurisdiction in view of the provisions contained under sections 27 and 36 of the displaced persons (compensation and rehabilitation) act, 1954 read with section 46 of the administration of evacuee property act, 1950; the suit is bad on account of nonjoinder of the necessary and proper parties, ..... the mortgagee rights in the suit were the composite property as defined under section 2(d) of the evacuee interest (separation) act, 1951. it shall be apposite to notice the definition which reads as under:-'section 2(d) of the interest (separation) act, 1951.'composite property' means any property which or any property in which .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-03-2003
Reported in : (2004)136PLR814
..... property, or grant of possession of subject matter of the suit.' 6. at this stage, it also becomes relevant to refer to the provisions of section 28 of specific relief act, 1963. section 28 reads as under:-'rescission in certain' circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed ..... raised that the amount in terms of the decree has not been deposited and therefore, contract between the parties was liable to be rescinded under section 28 of 1963 act or even under general power vested in the court. not taking this objection right at the very out set of the proceedings before the executing court ..... or direct rescinding of the contract in terms of the statutory provisions. these provisions arc essentially prohibitory in their language and meaning and that is why section 28 of 1963 act vests a wide discretion in the court and the legislature in its wisdom has used expression may and not shall. once the terms and conditions .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-05-2003
Reported in : (2004)138PLR189
..... done by the learned additional. district judge. in order toappreciate the prevalent price of the acquired land at the time of issuance of notificationunder section 4 of the act, it would be appropriate to refer to the sale instances onwhich reliance has been made by the claimant-appellants and the same are reproducedas ..... acquired land. the land acquisition collector also awarded solatium at the rate of 15 per cent. feeling dissatisfied, the claimant-appellants sought references under section 18 of the act which were forwarded by the land acquisition collector to the learned additional district judge, kuruskehtra. the learned additional district judge after taking into consideration ..... land, the structures and other items. 2. brief facts of the case necessary for disposal of the instant appeals are that notification under section 4 of the act was issued expressing the intention of the respondent-state to acquire land measuring 69 kanals situated at village ratgal for the construction of a bus .....
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