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Saturday, March 20, 2010

S. Swaran Singh v. National Insurance Comp. Limited
2009(1) LAW HERALD (P&H) 832
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Mahesh Grover
R.S.A. No.506 of 2007
S. Swaran Singh
v.
National Insurance Company Limited
{Decided on 06/03/2009}
For the Appellant: Mr. Deepak Aggarwal, Advocate.
Civil Procedure--Closing of evidence by Court orders--Suit for damages for insured buffalo--Issues in case heard on 20.12.2005--Several opportunities granted to appellant to adduce evidence--Ultimately evidence was closed by judicial order on 17.1.2006--Sufficient material to show that appellant earlier resorted to proceeding before consumer forum and compromise was arrived at cannot be reason to offset legally sustainable order--No infirmity in impugned order--|Civil Procedure Code, 1908, Order 17, Rule 3
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Smt.Shisho Devi v. State of Haryana
2009(1) LAW HERALD (P&H) 833
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Mahesh Grover
F.A.O. No. 1027 of 1991
Smt.Shisho Devi
v.
State of Haryana
{Decided on 11/12/2008}
For the Appellants: Mr. Ajit Atri, Advocate.
For the Respondent nos. 1 & 2: Mr. O.P.Sharma, Addl. Advocate General, Haryana.
For the Respondent nos. 3 & 4: Nemo.
IMPORTANT POINT
Accident--No fault liability--Accident occurred when deceased was sitting in his juice shop situated on road--Accident was only an act of god--No interference in granting only compensation of Rs.25000/- under no fault liability.
Accident Law--Compensation--No fault liability--Accident occurred when deceased was sitting in his juice shop situated on road--When a bus passed by one of stone lying on road came in contact of tyre of bus and flew off hitting deceased on his head resulting in his death--The manner in which accident had taken place reveal that it was only an act of god and not result of rash and negligent driving of bus by its driver or from use of motor vehicle--No interference in granting only compensation of Rs.25000/- under no fault liability--|Motor Vehicles Act, 1988, Section 140 (Para 2 & 10)
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Smt. Shanti Devi v. Smt. Suchitra @ Santosh
2009(1) LAW HERALD (P&H) 835
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rakesh Kumar Jain
FAO No.18 of 2008
Smt. Shanti Devi
v.
Smt. Suchitra @ Santosh
{Decided on 02/02/2009}
For the Appellant: Mr. S.K. Yadav, Advocate, for Mr. R.D.Yadav, Advocate.
For the Respondent No1: Mr. G.S. Gandhi, Advocate, with Mr. Honny Gandhi and Mr. R.P. Daaria, Advocates.
IMPORTANT POINT
Succession certificate--Succession never remains in abeyance and takes effect immediately at exact moment of death of a person by operation of law.
(A) Succession Law--Succession certificate--Succession never remains in abeyance and takes effect immediately at exact moment of death of a person by operation of law--Vesting of property on eligible heirs according to law of inheritance or succession does not depend upon any act of parties or their active or passive attitude towards their right to succeed--|Succession Act, 1925, Section 372 (Para 10)
(B) Succession Law--Succession certificate--Respondent no.1 was legal wedded wife when deceased died--Respondent and appellant (mother of deceased) entitled to succession certificate to extent of ½ share each of property left by deceased--|Succession Act, 1925, Section 372 (Para 11)
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