Court : Punjab and Haryana
Decided on : Feb-08-2006
Reported in : (2006)143PLR408
..... in the instant suit, the issues are entirely different and it cannot be taken that the issues in the earlier suit were directly and substantially the same. explanation iv to section 11 c.p.c. is not applicable to the facts and circumstances of this case. thus, in my opinion, the finding on issue no. 5 recorded by the first appellate ..... -1)127 p.l.r. 287 (s.c.), the hon'ble apex court has held as under:10. we may also add one other important reason which frequently arises under section 11 c.p.c. the earlier suit by the respondent against the panchayat was only a suit for injunction and not one on title. no question of title was gone ..... specific performance was not taken in the previous suit, still decision in the said will be barred by the principle of res judicata in view of the explanation iv to section 11 c.p.c. it has been further held that the instant suit will also be barred under order 2 rule 2 c.p.c.13. in my opinion, the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-08-2006
Reported in : III(2006)ACC876
..... ,650 per month, as assessed by the learned tribunal and his dependency as assessed at rs. 1,200 per month, still as per second schedule appended to the motor vehicles act, 1988, since the deceased gurnam singh, was aged 30 years of the time of his death, it would be more appropriate to apply the, multiplier of 17 in his case .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-08-2006
Reported in : (2006)143PLR302
Viney Mittal, J.1. This order shall dispose of two appeals being F.A.O. Nos. 3251 of 1996 and 3243 of 1996. Both the aforesaid two appeals have been filed by the National Insurance Company and have arisen out of a common award dated October 1, 1996 passed by the Motor Accident Claims Tribunal, Jind (for short, 'the Tribunal').2. An accident had occurred on May 20, 1993. Hawa Singh and Smt. Bhateri alongwith several other passengers were travelling in a mini bus. It was claimed that Dharamvir was driving the aforesaid bus carelessly and negligently. On account of the aforesaid rashness and carelessness, an accident occurred. Hawa Singh and Bhateri alongwith other passengers sustained injuries. Both the aforesaid claimants claimed compensation on account of the said injuries by filing the claim petitions before the Motor Accident Claims Tribunal, Jind (for short, 'the Tribunal').3. The learned Tribunal, on the basis of evidence available on the record, found it is a fact that the driver ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-08-2006
Reported in : 2007ACJ28; (2006)143PLR415
Viney Mittal, J. 1. An accident took place on June 9, 1996 between Jeep bearing registration No. DL-5C-A-8789 and the truck bearing registration No. HR-39-0121. As a result of the aforesaid accident, Roshan Lal a passenger travelling in Jeep died. The dependents of the deceased. Roshan Lal filed the present claim petition.2. Learned Tribunal on the basis of the material available on the record found that both the drivers of the vehicles, namely Jeep as well as the truck were jointly negligent. Consequently, the claimants were held entitled to compensation, which was assessed at Rs. 4,03,200/-. A plea was raised by the National Insurance Company Limited that the driver of the truck which was insured with the Company was not possessing a valid driving licence. However, the aforesaid plea was rejected by the learned Tribunal and it was held that although the original licence was not valid but the same had been renewed. The National Insurance Company has filed the present appeal.3. Two arg...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-09-2006
Reported in : (2006)143PLR269
..... pichamuthu and ors., : [2000]1scr761 in support of his submission.4. learned counsel for the respondents refuted the arguments of the petitioner and submitted that under section 19 of the act, 2/3rd members of the gram sabha can move motion of no confidence against any sarpanch and according to the respondents, the signatures of 129 members instead of ..... voted in his favour.5. we have heard the learned counsel for the parties and given our thoughtful consideration to the submissions of the respective parties.6. section 19 of the act reads thus:19. n-confidence motion against sarpanch.- (1) an application regarding intention to move a motion of no-confidence against a sarpanch be made to ..... date should be excluded.10. therefore, the notice issued on 25.8.2005 for 1.9.20045 does not give seven clear days' notice as envisaged under section 19 of the act. the meeting of 1.9.2005 thus, cannot be said to have been legally held and accordingly, 'no confidence motion passed on that date is untenable. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-09-2006
Reported in : (2006)143PLR172
..... liability-dependent on the existence of facts which he has asserted. accordingly, it has to be held that under chapter 7 concerning the burden of proof, from section 101 to 114 of the evidence act, 1872, the burden of proof lies on the defendant-petitioner as, has been rightly held by the trial court. even otherwise, the jurisdiction of this court under ..... . the medicines/articles purchased out of the said amount of temporary and permanent advance were taken of on proper ledger charge and were utilized from the authorised purpose only. this act of the defendant was not to the likening of the said functionaries. no amount is outstanding against the defendant. the account books were not maintained properly and but were treated .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-09-2006
Reported in : AIR2007P& H16; (2006)143PLR360
..... , the applicant has no land, except two kacha houses. the kacha houses to which reference has been made by the collector stricto sensu would not fall within the provisions of sections 60(ccc) and 33(1)(a) of the code. there is nothing on the record to show that after the passing of the order by the appellate court on 17 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-10-2006
Reported in : IV(2006)BC555; (2006)143PLR13
..... in the present revision petition is to the order passed by the courts below on an application filed by the petitioners under order 39 rules 1 and 2 read with section 151 of the code of civil procedure, restraining the defendants from getting the property in suit auctioned during the pendency of the suit. the said application was dismissed ..... per the admitted facts on record, a sale deed was executed by the plaintiffs and defendant no. 3 in favour of defendant no. 2-a company incorporated under the companies act, 1956 and, thus, a juristic person on 24.4.1994. thereafter, defendant no. 2, the company, has executed a mortgage deed dated 1.8.1995 through its managing ..... recover a sum of rs. 38,99,753.26 from defendant nos. 2 and 3 under the provisions of the recovery of debts due to banks and financial institutions act, 1993. since the plaintiffs have neither signed any document of loan nor had consented the same therefore, the property could not be sold in pursuance of the recovery certificate .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-14-2006
Reported in : (2006)143PLR354
..... the commissioner to record the statement of kanti lal has been dismissed.2. in this case, the petitioner filed two different ejectment applications under section 13 of the east punjab urban rent restriction act, 1949 against parmodh kumar, the predecessor-in-interest of the respondents, for his ejectment from the shop in question on the ground of ..... wriggle out from the rigors of law which is well settled that no revision petition under section 115 cpc is maintainable.5. after hearing the arguments of learned counsel for the parties and going through the impugned order and keeping in view the aforesaid legal ..... order dismissing the application for appointment of local commissioner under order 26 rule 9 cpc and it was observed by this court that if a revision petition under section 115 cpc against the impugned order is not maintainable, then by mere change in the head-note of the petition, the substance cannot be replaced to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-14-2006
Reported in : 2006CriLJ1716
..... jointly for quashing of the fir. it has also been stated that petitioner no. 1 and petitioner no. 4 had jointly filed a petition under section 13-b of the hindu marriage act for dissolution of their marriage by mutual consent.3. counsel for the petitioner states that a decree for divorce by mutual consent has been passed by ..... rcr (criminal) 888 : 2003 cri lj 2028 and submits that though the fir related to non-compoundable offences, yet in a matrimonial dispute, this court having inherent power under section 482 of the code of criminal procedure can quash the fir where the matrimonial dispute between the parties has been amicably settled.4. learned state counsel has no objection to ..... of criminal procedure jointly moved by the wife, mother-in-law, father-in-law and husband for quashing of fir no. 98 dated 11-7-2002, registered under sections 498-a/406/506 of indian penal code, at police station city, ferozepur. the quashing of the fir has been sought on the ground that a compromise has been .....
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