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Tuesday, March 30, 2010

2009(3) LAW HERALD (P&H) 2306
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rakesh Kumar Garg
Civil Revision No.1309 of 2008
Sadhna & anr.
v.
Kuldeep Singh & Ors.
{Decided on 24/03/2009}
For the Petitioners: Mr. Sanjay Singh, Advocate.
For the Respondent No.1: Mr. Alok Jain, Advocate.
IMPORTANT POINT
Accident--It is not open for a person to notionally scale down his income so as to invoke the provisions of Section 163-A of the Act and thereby defeating the very object of Section 163-A of the Act.
Motor Vehicles Act, 1988, S.166--Motor Vehicles Act, 1988, S.163-A --Compensation--Death of a person in motor accident--His annual income was more than Rs. 40,000/-.--Compensation claimed by wife under Section 166 stating that monthly income of deceased was Rs. 24,000/-.--Later by way of amendment the claimant was allowed to reduce the at Rs. 3,200/- p.m.--Annual income of deceased was thus reduced below Rs. 40,000/-.--Claimant thereafter sought to convert the application from Section 166 to 163-A--It is not open for a person to notionally scale down his income so as to invoke the provisions of Section 163-A of the Act and thereby defeating the very object of Section 163-A of the Act--Conversion not allowed.
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Abdul Latif v. Masjid Patti Niyamatpur
2009(3) LAW HERALD (P&H) 2308
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rakesh Kumar Garg
RSA No.885 of 2008
Abdul Latif
v.
Masjid Patti Niyamatpur & ors.
{Decided on 27/01/2009}
For the Appellant: Mr. Sanjay Verma, Advocate.
Civil Procedure Code, 1908, S.92--Mohatmim of Masjid--Appointment of --Mohatmim is not competent to bequeath the rights of Mohatmimship by a will--Right of Mohatmim comes to an end on his death and the office of Mutawalli is not heritable and that congregation of locality can appoint Mutawali.
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Satnam Singh v. Avtar Singh
2009(3) LAW HERALD (P&H) 2310
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice K. Kannan
C.R. No.5549 of 2006 (O&M)
Satnam Singh
v.
Avtar Singh
{Decided on 05/05/2009}
For the Petitioner: Mr. Puneet Jindal, Advocate.
For the Respondent: Mr. Manjit Singh, Advocate for Mr. B.R. Mahajan, Advocate.
IMPORTANT POINT
Eviction--NRI Lanlord--Length of stay is not the criterion but it is the intention that has to be looked into
East Punjab Urban Rent Restriction Act, 1949, Ss.13-B and 2(dd)--Eviction--NRI Lanlord--Landlord went to Canada and returned to India within six months after obtaining Permanent Resident status at Canada--He will be considered NRI landlord--Length of stay is not the criterion but it is the intention that has to be looked into--Lanlord obtained permanent resident status showed that landlord had intention to settle outside India. (P.3, 4 & 7)
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