May 2018
Permalink GalleryAccident–Claim Petition-involvement of Vehicle—Merely recording of FIR in itself will not be enough to prove the involvement of the vehicle especially when in the criminal proceedings, the alleged eye witness failed to identify the accused rather categorically deposed that the accused was not driving the offending vehicle
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Tribunal has not denied that according to the documents, deceased was earning approximately 3220 Canadian dollars per month but the Tribunal has only taken the dependency of 1200 dollars per month—No explanation or reasoning has been given by the Tribunal-Matter remanded back to assess the loss of dependency afresh as per material on record.
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Aceident–lncome of deceased-Tribunal took income as Rs. 9000/- per month—However, As per the income tax return which is for the immediate preceding financial year, the income of the deceased was Rs. 12000/- per month after deduction of income tax-Keeping in view the dependency loss has to be re-assessed, taking the income as Rs. 12,OOO/-per month
Permalink GalleryHaryana Panchayati Raj Act, 1994, S,51–Suspension of Sarpanch—Minimum Qualification—Female Sarpanch was suspended on being found not possessing minimum qualification of passing 8th class—Contention that petitioner could not put under suspension and only remedy available was election petition—Contention is totally misconceived and cannot be accepted
Permalink GalleryEviction-Non-payment of rent—Denial of relationship—As per jamabandi petitioners were landowners and respondent were paying ‘batai’/rent-Merely because in a simple civil suit for injunction and not for declaration petitioner was not found in possession; it cannot be inferred that petitioner was not the landowner
