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Sunday, March 28, 2010

2009(3) LAW HERALD (P&H) 1970
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice S.D. Anand
Civil Revision No. 4029 of 2009 (O&M)
M/s Pirthi Chand Kaushal
v.
M/s Om Parkash, Ramesh Kumar Rice Mills, Sahnewal & Ors.
{Decided on 22/07/2009}
For the Petitioner: Mr. N.S. Swaitch, Advocate.
IMPORTANT POINT
Execution Proceeding--Delay in disposal--Directions by High Court--Execution application pending for last five years to be disposed of by 24.12.2009
(A) Civil Procedure--Execution Proceeding--Directions for time bound disposal of execution application--Inordinate long pendency of execution in a suit for recovery--Executing Court directed to dispose of execution application by 31.8.2009.--Civil Procedure Code, 1908.
(B) Execution Proceeding--Delay in disposal of execution application--Directions by High Court--Judicial Officers in State of Punjab and Haryana mandated to furnish particulars in respect of pending execution applications--Execution application pending for last five years to be disposed of by 24.12.2009--Civil Procedure Code, 1908.
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Smt. Usha Rani v. State of Punjab
2009(3) LAW HERALD (P&H) 1973
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rakesh Kumar Garg
FAO No.90 of 1986
Smt. Usha Rani and Ors.
v.
State of Punjab & Ors.
{Decided on 22/07/2009}
For the Appellants: Mr. Madan Lal Saini, Advocate.
For the Respondents: Mr. Raman Mahajan, Advocate.
IMPORTANT POINT
Compensation--Entitlement--Mere fact that sufferer, wife of deceased starts earning by dint of her own efforts would not absolve tort teaser of his liability to reimburse claimants for loss caused by way of compensation.
(A) Accident Law--Compensation--Entitlement--Claimants deprived of services of deceased for running their business--Mere fact that sufferer, wife of deceased starts earning by dint of her own efforts would not absolve tort teaser of his liability to reimburse claimants for loss caused by way of compensation--Motor Vehicles Act,1988, Section 163. (Para 9)
(B) Accident Law--Compensation--Quantum of--There are some evidence that deceased was earning Rs.2500/- per month from his business--But no documentary evidence placed on record in this regard--But taking into consideration that deceased was providing his services to the family and as such was contributing at least to extent an able bodied person can-earn even as a daily wager--Average daily wages of person was not less than Rs.40/- per day at time of accident--Thus income of deceased cannot be less than Rs.1000/- per month--After applying a cut of 1/4th for personal expenses annual dependency is determined as Rs.9000/- p.a.--Multiplier of 15 applied--Claimants are entitled to Rs.1,35,000/- as compensation with interest @ 9% p.a. from date of filing of claim application till its realization--Motor Vehicles Act,1988, Section 163. (Paras 9m 10 & 11)
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M/s Durable Plastic Industries v. State of Punjab
2009(3) LAW HERALD (P&H) (DB) 1975
IN THE HIGH COURT OF PUNJAB AND HARYANA
(DIVISION BENCH)
Before
The Hon’ble Mr. Justice M.M. Kumar
The Hon’ble Mr. Justice Jaswant Singh
CWP No. 4643 of 1987
M/s Durable Plastic Industries
v.
State of Punjab
{Decided on 22/07/2009}
For the Petitioner: None.
For the Respondent Nos. 1 to 3: Ms. Sudeepti Sharma, DAG, Punjab.
For the Respondent No. 4: None.
Municipal Law--Octroi Tax--Exemption from--On entry of goods into notified area of--SAS Nagar--Claim for exemption from payment of octroi duty for a period of six years commenting from date of available incentive for first time--Allowed in terms of DB judgment by High Court in case of M/s Molins of India Ltd--Punjab Urban Estates (Development and Regulations) Act, 1965, Section 3(1) & 8--Punjab Municipal Act, 1911, Section 242.
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