Court : Delhi
..... ) the appellant was not granted any compensation in respect of the amount spent on treatment which was not reimbursed by his employer.6. section 168 of the motor vehicles act, 1988 (the act) enjoins a claims tribunal to determine the amount of compensation which is just and reasonable.7. in general manager, kerala road transport corporation, trivandrum v. susamma thomas & ors., (1994 ..... far as money can do in a fair, reasonable and equitable manner. paras 5 and 6 of the report are extracted hereunder:5. the provision of the motor vehicles act, 1988 ('the act' for short) makes it clear that the award must be just, which means that compensation should, to the extent possible, fully and adequately restore the claimant to the position .....
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..... inspite of having obtained certificate under this enactment, any mentally retarded person cannot be called upon to specifically obtain any permission under the mental health act, 1987 which specifically excludes its applicability to persons suffering from mental retardation.20. in the face of above explained legal position, impugned communication ( ..... interpretation of this enactment. thus, it becomes amply clear that when mentally retarded persons are expressly excluded from the applicability of the mental health act, 1987 as per section 2(l) of aforesaid enactment. so there remains no justification for the respondent to refuse to deal with petitioners' ..... representative of registered organization and a person with disability, as defined in the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 shall receive, process and decide applications received under this provision and decide them in the manner as determined by the regulations i.e., .....
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..... to give his version as to how the accident took place. thus, the negligence for the purpose of a claim petition under section 166 of the motor vehicles act, 1988 (the act) was sufficiently established. the finding reached by the claims tribunal cannot be faulted. liability 5 it is urged by the learned counsel for the appellant insurance company that ..... p. sesh reddy, (1996) 5 scc 21.the three judge bench decision of the supreme court while referring to section 96 (2) (b) (ii) of the motor vehicles act, 1939 held that this section cannot be interpreted in a technical manner. section 96 (2) (b) (ii) only enables the insurance company to defend the liability to pay the ..... the accident took place, the insurer shall be deemed to be a judgment-debtor in respect of the liability in view of sub-section (1) of section 96 of the act.10. similarly, in national insurance company limited v. swaran singh & ors., (2004) 3 scc 297.the supreme court observed that in order to avoid its liability it .....
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..... 1168.held that delhi courts have no jurisdiction to try the complaint under section 138 of the act merely because notice was issued from delhi. in the said case accused was based in chandigarh. cheque was issued at chandigarh; complainant had a branch at chandigarh; cheque was ..... words the complainant can choose any one of those courts having jurisdiction over any one of the local areas within the territorial limits of which any one of those five acts have been done.5. in somewhat similar circumstances supreme court in harman electronics (p) ltd. & anr. vs. m/s. national panasonic india ltd. air 200.sc ..... , adv. for respondent no.2. coram: hon'ble mr. justice a.k. pathak a.k. pathak, j.(oral) 1. complaint under section 138 of the negotiable instruments act, 1881 filed by the respondent no. 2 against the petitioner is pending trial before the trial court.2. petitioner has challenged the jurisdiction of delhi courts to entertain and try .....
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..... .p.c. in view of the settlement, despite opposition of the respondent no.2. accordingly, fir no. 343/12 under sections 3/4 of dowry prohibition act and section 506 ipc registered at police station tilak nagar and the consequent proceedings emanating therefrom are quashed, however, subject to petitioners depositing balance settled amount, that ..... complainant-husband. in the said case also, husband and wife had settled their disputes before the mediation centre, tis hazari courts, delhi. the settlement was even acted upon by the parties, inasmuch as cases registered on the complaint of wife were disposed of in terms of the settlement. later on, husband opposed the quashing ..... keep the criminal proceedings pending in order to harass the petitioners.6. after having settled the matter through the process of mediation, which has even been acted upon partially, parties cannot be permitted to back track from the same as it will negate the aims and objectives of whole process of mediation. withdrawal .....
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..... that the respondent was a partnership firm and had one factory at the relevant time. m/s right guard rubber pvt. ltd. was a separate entity under the companys act. it is clarified that all other companies were non-existent at the relevant time. it is further clarified that m/s right guard rollers & casters (p) ltd. ..... respondent is a partnership firm and had only one factory at the relevant time. m/s right guard rubber pvt. ltd. was a different entity under the companies act. all other companies, details of which are provided by the petitioner were non-existent at the time when the petitioner claims he was transferred and were incorporated much later ..... at the time of his termination the management neither issued a charge sheet nor one month notice as provided under section 25f of the industrial dispute act, 1947 (in short the id act), hence the action of the management is illegal. the petitioner lastly contends that the averment of the respondent management that it has only one factory is .....
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..... ltd. impugns a judgment dated 12.07.2011 passed by the motor accident claims tribunal(the claims tribunal) in a petition under section 163-a of the motor vehicles act, 1988(the act) whereby a compensation of `3,40,500/- was awarded in favour of respondents no.1 and 2, the parents of deceased shiv narain.2. it is urged by ..... accident. the term use of the vehicle includes halting and parking of the vehicle as well. the appellant, therefore, cannot resist a claim petition under section 163-a of the act.6. the appeal, therefore, fails; the same is accordingly dismissed.7. statutory amount of `25,000/-, if any, shall be refunded to the appellant insurance company.8. pending ..... in national insurance company limited v. sinitha & ors., 2011 (13) scale 84 5. it is true that even in a claim petition under section 163-a of the act the victim/legal representatives of the deceased are under obligation to prove that the accident arose out of use of a motor vehicle. of course, they are not required to .....
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..... conclusion that inspite of due diligence, the party could not have raised the matter before commencement of trial. the real issue, therefore, is: whether the appellant has acted with due diligence and that, inspite of such diligence, it could not have pleaded the amendment sought before commencement of trial.13. in the present case, the factum ..... fao no. 488/2012 1. the appellant herein seeks setting aside of order dated 30.10.2012 and 08.11.2012 passed by the additional principal judge in hma no. 974/2010.2. by impugned order dated 30.10.2012, the application under order vi rule 17 read with order viii rule 1a read with section 151 ..... amendment of her written statement and for placing on record certain documents in the petition under section 13 (1) (ia) of the hindu marriage act, 1955 (hereinafter referred to as the hma), filed by her husband/respondent herein, seeking dissolution of marriage has been dismissed.3. by subsequent impugned order dated 08.11.2012, the additional principal .....
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..... this case, the liquidation proceedings deserve to be brought to an end. consequently, m/s. trishakti electronics (p) ltd. is dissolved under section 481 of the companies act. liquidator is permitted to transfer the the official balance fund i.e. rs.89,724/available in the companys account to the reserve bank of india after creating provision ..... granted to enn vee electicals (p) ltd.3. there were seven directors of the company; notices were issued to them under section 454 and 456 of the companies act as also under rule 130 of the company court rules. three of the ex-directors, namely, ashok talwar, sunil kumar and sanjeet banerjee had got their statements recorded ..... liquidator. coram: hon'ble ms. justice indermeet kaur indermeet kaur, j.(oral) co. appl. 2386/2012 1. this application has been filed under section 481 of the companies act, 1956 seeking dissolution of the company m/s. trishakti electronics (p) ltd. the company was wound up on 17.09.1999.2. the registered office of the company .....
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..... 2.1 munshi inayat ahmed, having regard to the said provision of the act, on 17.8.1964, filed a suit before the sub-judge, first class, at delhi. the said title suit was numbered as, suit no. 258/1964 (and thereafter renumbered as ..... . the application was, however, rejected on the ground that the said properties were not owned by munshi inayat ahmed. in the meanwhile, the 1949 ordinance was codified into an act of parliament, which was called the administration of evacuees act, 1950 (hereinafter referred to as the said act). clause 16 of the 1949 ordinance was para materia with section 16 of the said ..... act. the proviso to section 16 (2)(b) of the act, provided for a remedy to file a title suit where, an application for restoration of evacuee properties was rejected on the ground that they were not owned by the applicant. .....
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