Court : Punjab and Haryana
Decided on : Feb-22-2006
Reported in : III(2006)ACC90; (2006)144PLR347
..... .r. 510 (s.c.) has held as follows:(iii) the breach of policy condition e.g. disqualification of the driver or invalid driving licence as contained in sub-section (2)(a)(ii) of section 149 has to be proved to have been committed by the insured for avoiding liability by the insurer. mere absence fake or invalid driving licence or disqualification of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-23-2006
Reported in : (2006)143PLR536
..... ). such an officer may allow the application and can even reject if it is frivolous and unreasonable. but the substantive provision is contained in sub-section (4) to section 176 of the act. if the allegations are pertaining to corrupt practices, procedure is prescribed and election can be set aside if certain assertions in accordance with law are ..... proved. but under section 176(4)(b) of the act, where the provisions of section 176(4)(a) are not applicable and the validity of the election is in dispute, the court after scrutiny and computation of ..... of radha kishan v. election tribunal-cum-sub judge, hisar has considered the relevant provisions. specific note was taken of the expression 'shall' occurring in section 176(4)(b) of the act and thereupon the full bench concluded as under: -the use of the word 'shall' in our view is not without a purpose. the legislative .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-27-2006
Reported in : AIR2006P& H171; (2006)143PLR304
..... further that plaintiff-respondent 1 had every right to proceed against the land in dispute, the learned lower appellate court observed as under:19. according to section 28 of the said act, only a transfer for consideration and without notice of right of the wife to receive maintenance is protected. defendant no. 2 tailed in his attempt to ..... defendant-appellant had notice of the claim of plaintiff-respondent 1. therefore, the judgment and decree cannot be set aside merely on the ground that sections 27 and 28 of the act have been erroneously cited to provide basis to the judgment and decree.13. there is an offer made by defendant-appellant to plaintiff-respondent 1, ..... singh a.i.r. 1941 lahore 407 (fc). the logical consequence would then be that as charge-holders the respondents would be entitled under section 91 of the transfer of property act to seek the redemption of the mortgage.10. in the case of rakesh wadhawan (supra) the supreme court has again endorsed the aforementioned principle in .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-28-2006
Reported in : (2006)143PLR459
..... . in view of the above, i do not find any material illegality or irregularity in the order of ejectment passed against the petitioner in terms of section 13-b of the act.20. hence, the present petition is dismissed.21. however, it is made clear that the ejectment order shall not be executed for a period of ..... of express authority manifested by a registered power of attorney, the attorney so appointed is competent to do every lawful thing which is required. relying upon section 118 of the evidence act, it was argued that all persons are competent to testify unless the court considers that they are prevented from understanding the questions put to them or ..... jeypore sugar co. ltd. and ors. : [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 mismanagement. such a consent was held to be valid since the attorney was authorized to institute suit, petitions and other .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-01-2006
Reported in : (2006)143PLR25
..... is directory, i find that it is open to the parties to prove private partition de hors the affirmation of partition by the learned authorities in terms of section 123 of the act. thus, in respect of the third substantial question of law. it is concluded that non affirmance of private partition in revenue record will render such partition ..... of the land which has fallen to their respective shares and, therefore, it is open to the parties to lead evidence independent of order of affirmance under section 123 of the act to prove that there is a private partition. learned counsel for the appellant has also relied upon a division bench of this court reported as pritam singh v ..... ors. (1986) 88 p.l.r. 458; and darbara singh and anr. v. gurdial singh and anr. 1994 p.l.j. 25. before proceeding further, section 123 of the act is reproduced below:-123. affirmation of partition privately affected: (1) in any case in which a partition has been made without the intervention of a revenue officer, any party .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-01-2006
Reported in : (2006)143PLR41
..... no ground of doubt that the building was constructed for the purposes of banking as well as for residence. in view of the provisions of law contained in section 2(g) read with section 2(d), the building let out to the petitioner is thus a residential building.7. learned counsel has argued that the witnesses of the tenant have not ..... and going. he has pleaded that he has no residential building in the urban area nor he has vacated any such building without sufficient cause after the commencement of the act.2. in the written statement, the tenant alleged that the entire property was given on rent including staircase, roof and passage. in respect of bona fide requirement, it ..... hemant gupta, j.1. the challenge in the present revision petition is to the order passed by the authorities under the east punjab urban restriction act, 1949, whereby an order of ejectment has been passed on the ground that the demised premises is required for bona fide use of the respondent-landlord. the respondent has .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-01-2006
Reported in : (2006)143PLR174
..... ordered and if legal proceedings are pending pursuant thereto, are not to be affected by the repeal of the act. the act in question is a central act, therefore, the aforestated provisions i.e. section 6 would come to the rescue of the pending legal proceedings. the hon'ble supreme court has categorically observed ..... had not been properly calculated. dehors this, the affect of repeal has been dealt with under the general clauses act, 1897 and the specific reference may be made to section 6 of the aforesaid act. sub section (e) specifically protects investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, ..... nor admitted accordingly.8. learned counsel for the petitioner has argued that the learned financial commissioner, while exercising the powers under section 33 of the displaced persons (compensation and rehabilitation) act, 1954, has erred in law and facts. he has exceeded his jurisdiction while setting aside the negotiated sale of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-01-2006
Reported in : III(2006)ACC76; 2008ACJ154
Viney Mittal, J.1. This order shall dispose of two first appeals being F.A.O. No. 948 of 2002 and F.A.O. No. 951 of 2002, as both the appeals have been filed by the claimants arising out of the award dated July 25, 2001 passed by the learned Motor Accident Claims Tribunal (for short 'the ribunal).2. The appellants have prayed for enhancement of compensation.3. The facts which emerge from the record show that on October, 1998, an accident took place between the tractor-trolley and a truck No. UP-07-9377. The truck in question was being driven by Subhash Chander. In the aforesaid accident four persons died namely, Prithi Singh, Inder Pal, Shamsher Singh and Partap Singh. The dependents of the aforesaid deceased persons filed separate claim petitions before the Tribunal. It was identically pleaded by the claimants that the driver Subhash Chander, was rash and negligent in his driving and thereby had caused the accident in question resulting in the death of Prithvi Singh, Inder Pal, Shamsh...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-01-2006
Reported in : IV(2006)ACC47; 2007ACJ2370; (2006)144PLR583
..... court has held as follows:(iii) the breach of policy condition e.g. disqualification of the driver or invalid driving licence of the driver, as contained in sub-section (2)(a)(ii) of section 149, has to be proved to have been committed by the insured for avoiding liability by the insurer. mere absence, fake or invalid driving licence or disqualification of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-01-2006
Reported in : IV(2006)ACC575; (2007)145PLR295
..... assessed as independent income of faquir chand. in these circumstances, the dependency can always be assessed at rs. 3,000/- at least.9. as per second schedule appended to the act, for a victim who was more than 65 years of age at the time of accident, a multiplier of 5 has been indicated. the claimant taro devi herself was 63 .....
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