Reported in : I(2006)ACC50; 2007ACJ111
.....against the respondents. feeling the amount of compensation inadequate the claimants-appellants have preferred this appeal under section 173 of the motor vehicles act for enhancement.3. the only question that arises for consideration in this appeal is whether any case is made out for enhancement in the compensation than what has been awarded by the tribunal and, if so, to what extent? after trial learned tribunal found that the income of the deceased was rs. 69,600 per annum and after deducting 1/3rd amount for his personal expenditure it assessed the dependency of the appellants at rs. 46,400 per annum. this finding of the learned tribunal cannot be disturbed and deserves to be affirmed as the same is quite reasonable, just and is based on proper appreciation of evidence on record. however, the learned tribunal has assessed loss of dependency at rs. 6,03,200, after applying multiplier of 13. the multiplier of 13, as selected by the tribunal, appears to be on lower side.4. the age of the deceased has been found to be 42 years. according to the second schedule to section 163a of the motor vehicles act the multiplier for the age group between 40 and 45 years is.....
Tag this Judgment! Ask ChatGPTReported in : AIR2006Utr30
.....the case may be.9. rules 3 and 4 of the u. p. stamp (valuation of property) rules, 1997 also provide the criteria and the same are quoted below:3. facts to be set forth in an instrument.- in case of an instrument relating to immovable property chargeable with an ad valorem duty, the following particulars shall also be fully and truly stated in the instrument in addition to the market value of the property;-(1) in case of land;(a) included in the holding of a tenure holder, as defined in the law relating to land tenures:(i) the khasra number and area of each plot forming part of the subject-matter of the instrument;(ii) whether irrigated or un-irrigated and if irrigated, the source of irrigation;(iii) if under cultivation whether do-fasali or otherwise;(iv) land revenue or rent whether exempted or not and payable by such tenure holder;(v) classification of soil, supported in case of instruments exceeding twenty thousand rupees in value, by the certified copies, or extracts from the relevant revenue records issued in accordance with law;(vi) location (whether lies in an urban area, semi-urban area, or country side); and(vii) minimum value fixed by the collector of the district;4......
Tag this Judgment! Ask ChatGPTReported in : 2006CriLJ847; 2005(II)OLR737
.....g.r. case has been instituted against the accused/petitioner in his capacity as proprietor of m/s. kirti electrical, buxibazar, cuttack. but, in fact, he is not the proprietor nor in any way connected with m/s. kirti electricals. according to him, kirti kumar shah @ kirti chandra shah @ kirti kumar c. shah hereinafter referred to as 'kirti shah') is the proprietor of m/s kirti electricals and the present accused is only a relative of kirti shah. therefore, he is no way involved with the alleged transaction, which is the subject matter of the case, except that he was only the power of attorney holder of kirti electricals/ its proprietor, for its day-to-day business as well as to deal with all financial matters and accordingly should be discharged. in support of his contention he had filed the sales tax clearance certificate as well as the income tax return filed by the said kirti shah as proprietor of m/s kirti electricals. as such only m/s. kirti electricals or its proprietor is liable to be prosecuted/ proceeded against for any transaction made on behalf of the firm and not the petitioner, as because he is no way connected with the matter except that he was only a power of.....
Tag this Judgment! Ask ChatGPTReported in : 2006CriLJ1072
.....was passed against him on 22-5-2005 and the d. m. kalahandi was aware of it. in the grounds of arrest the d. m., kalahandi has reflected his satisfaction that the detenu was likely to be released on bail, but no reason has been assigned for it. there was also no cogent materials before him to arrive at such satisfaction. so, the detention order should be quashed on this ground. in support of his submission he relied on the decisions; amritlal v. union government through secretary, ministry of finance : 2001crilj474 and sunil rajgarhia v. state of ortssa (2003) 24 ocr 814 : 2003 cri lj 122.3. in the decision amritlal 2001 cri lj 474 (supra) it was held that:--before passing the detention order the concerned authority must satisfy himself of the likelihood of the petitioner being released on bail and that satisfaction ought to be reached on cogent material. in the said case cogent material was the likelihood of having a bail application moved in the matter, but not obtaining a bail order. in sunil rajgarhia case cited (2003 cri lj 122) (supra) a division bench of this court quashed the detention order even though the detaining authority in the grounds of detention recorded his.....
Tag this Judgment! Ask ChatGPTReported in : 2006CriLJ761
.....but she (complainant) did not feel any improvement in the condition with the said treatment of the appellant. then, the appellant told her that in fact, her husband sukhdev singh is to be treated first, who is also under the influence of evil spirit. on 16-8-1994, at about 9.00 p.m., appellant sawinder singh asked harjinder singh (p.w. 5) and the complainant to sleep in a room of the dera. he further told that he would thereafter treat her husband. accordingly, they went asleep. the appellant then made her husband sukhdev singh (deceased) to sit near a fire (dhuni). at about 11.15 p.m. she heard shrieks of her husband and on going out of the room, she saw in the light of electric bulb that he had been made to lay on embankment of a pond in the dera. his legs were tied up with an iron chain and hands were also tied with a rope on his back. appellant sawinder singh and his wife rachna (appellant no. 2) both were present there. in the presence of the complainant, appellant sawinder singh asked his wife rachna to bring a sotta (a wooden rod, meant for crushing salt etc.) and a sword from inside. accordingly, she brought and handed-over the same to appellant sawinder singh, who then.....
Tag this Judgment! Ask ChatGPTReported in : AIR2006SC276; 2006(1)AWC222(SC); 2006(1)BLJR40; (SCSuppl)2006(1)CHN127; (2006)2MLJ357(SC); 2005(9)SCALE251; (2006)1SCC65
.....was aggrieved by the decree of the lower appellate court and filed second appeal in the high court of madras. the high court, relying on the fact that the defendant no. 1 was only mortgagee in possession and the mortgagor was entitled to redeem the mortgage, held that defendant no. 1 continued to be a mortgagee only and she would not become owner of the property by adverse possession. therefore, according to the high court, the trial court was right in passing decree in favour of the plaintiff for title and possession of the property and the lower appellate court committed an error in allowing the appeal and setting aside the decree. the high court also held that the decree passed in favour of defendant no. 1 in small cause suit was not binding to the plaintiff as he was not joined as a party defendant in that suit. the high court, therefore, allowed the appeal and decreed the suit of the plaintiff.8. the appellants-defendants have challenged the decree passed by the high court in the present appealwe have heard learned counsel for the parties. learned counsel for the appellants contended that the high court committed an error of law in holding that the suit filed by the.....
Tag this Judgment! Ask ChatGPTReported in : AIR2006SC440; 2006(1)AWC158(SC); 2005(6)BomCR722; [2006(1)JCR303(SC)]; JT2005(10)SC238; 2006(I)OLR(SC)100; RLW2006(2)SC1501; 2005(9)SCALE238; (2005)12SCC642; 2006(1)LC27(SC
.....makes the said order in writing, he shall also endorse the relevant details of the overloading on the goods carriage permit and also intimate the fact of such endorsement to the authority which issued that permit.194. driving vehicle exceeding permissible weight: (1) whoever drivers a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 113 or section 114 or section 115 shall be punishable with minimum fine of two thousand rupees and an additional amount of one thousand rupees per tonne of excess load, together with the liability to pay charges for off-loading of the excess load.(2) any driver of vehicle who refuses to stop and submit his vehicle to weighing after being directed to do so by an officer authorized in this behalf under section 114 or removes or cause to removal of the load or part of it prior to weighing shall be punishable with fine which may extend to three thousand rupees.200. composition of certain offences: (1) any offence whether committed before or after the commencement of this act punishable under section 177, section 178, section 179, section 180, section 181, section 182, subsection (1) or.....
Tag this Judgment! Ask ChatGPTReported in : AIR2006SC191; 2005CriLJ126; JT2005(9)SC465; (2005)12SCC615; 2006(1)LC231(SC)
.....the brown road, near christian medical hospital, he met sub inspector bakshish singh (pw 8) who recorded his statement stating therein the aforesaid facts and sent the same to the police station where a case was registered against all the aforesaid four accused persons, including the appellants on the same day at 7.15 p.m.police after registering the case took up investigation and on completion thereof submitted charge sheet against the accused persons, on receipt whereof, learned magistrate took cognizance and committed all the aforesaid accused persons, including the appellants, to the court of sessions to face trial. as accused meharban singh died during trial, the same proceeded against the remaining three accused persons.3. defence of the accused persons was that they were innocent and were falsely implicated in the case in hand. specific defence of the appellants was that when they were going to the shop of appellant - gurpreet singh and arrived at jail road at the time of the present occurrence, kuljit singh and his brother upkar singh were coming from the opposite direction along with one unknown person and out of them, kuljit singh asked his companions to kill appellant.....
Tag this Judgment! Ask ChatGPTReported in : 125(2005)DLT172
.....order dated 23.11.98 passed by the queen's bench division of high court of united kingdom in case no. 1997 m. no. 1548.2. briefly narrated, the facts leading to this execution application are that decree holder bank had filed a suit for recovery of a sum of pound 5470212 along with interest thereon against the judgment debtor. the amount claimed was due to the bank from munradtech industrial generators limited (for short 'mig') of which the judgment debtor/ objector was a director and had executed a guarantee dated 4.2.1993 ensuring the payment of the bank dues. the suit was filed under the provisions of o. 14 rsc which prescribed a summary procedure in such matters. it appears from the judgment dated 13.11.98 of which a duly authenticated copy has been placed on the record that the defendant had engaged some attorneys and had also filed an application for leave to defend setting out his defense therein but did not file any affidavit in support thereof nor anybody participated in the proceedings on behalf of the defendant after initial stage. it may be pointed out here that in the defendant did not dispute the amounts due as claimed by the bank nor denied the execution of.....
Tag this Judgment! Ask ChatGPTReported in : 125(2005)DLT17; 2006(2)SLJ311(Delhi)
.....and substantially arising at a place which would be determinating action mainly and substantially arising at a place which would be determinating factor of territorial jurisdiction. so also it shall have to be kept in view who are the real persons or authorities sought to be proceeded against or against whom the writ to be issue by the court would run. joining to proforma or ancillary parties and certainly not the joining of unnecessary parties, would be relevant for the purposes of article 226(1).14. reverting back to the case at hand, it is clear that the cause of action has wholly arisen in noida within the state of u.p. the principal and substantial grievance of the petitioner-association is against the respondents no. 2 and 3 though incidentally, the respondent no. 1 may also be required to be bound by the writ. the reverse is not correct. the writ, if any, to be issued by the court would not serve any purpose if issued against respondent no. 1 alone. in the matter of registration of the sale deed-cum-sub-lease deed merely because a document can be registered at delhi by virtue of section 30(2) of the registration act, territorial jurisdiction in the courts at delhi.....
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