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Saturday, March 20, 2010

Tejbir Singh v. Darshan Kumar (dead)
2009(2) LAW HERALD (P&H) 886
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Vinod K. Sharma
RSA No.1711 of 1989
Tejbir Singh
v.
Darshan Kumar (dead)
{Decided on 05/03/2009}
For the Appellant: Mr. M.L. Sarin, Sr. Advocate, with Ms. Seema Jagpal, Advocate.
For the Respondents: Mr. Hitesh Pandit, Advocate.
Land and Property Law--Sale of Land--Bonafide Purchaser--Sale deed in favour of appellant/defendant stood proved on record--Land was Banjar Qudim and same was in possession of true owner of property--Ingredients of Section 41 were not pleaded or proved--There were neither pleadings nor any evidence on record to show any act or overt act on part of appellant/defendant who gave an expression that vendors were ostensible owners with consent of true owner--Plaintiffs failed to prove that they were Bonafide purchaser for consideration--Suit dismissed--|Transfer of Property Act, 1882, Section 41 (Paras 40 and 41)
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Lt. Col. Balwant Singh v. United India Insurance Company Ltd.
2009(2) LAW HERALD (P&H) 893
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rajesh Bindal
Civil Revision No. 2322 of 2008 (O&M)
Lt. Col. Balwant Singh
v.
United India Insurance Company Limited
{Decided on 31/01/2009}
For the Petitioner: Mr. Chetan Mittal, Senior Advocate with Mr. Vishal Garg, Advocate.
For the Respondent No. 1: Mr. Ravinder Arora, Advocate.
Civil Procedure--Correction of Award--MACT case--Application for correction of date of institution of petition 8.1.1997 to 30.11.1989 allowed but further held that claimant would not be entitled to interest for intervening period--Tribunal while dealing with application under section 152 not sitting in appellate jurisdiction against earlier award--Tribunal failed to notice same claim was made by insurance company before Tribunal but and after rejecting their claim it was directed that petitioner would be entitled to interest on amount of compensation from date of original petition--Award of Tribunal having being upheld by High Court in appeal by Insurance Company same could not be addressed again in an application filed by claimant for correction of error under section 152--Impugned order passed by Tribunal to extent that claimant is not entitled to interest from 30.11.1989 to 8.1.1997 amounts modification of award that therefore set aside--|Civil Procedure Code, 1908, Section 152 (Para 12 & 13)
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DHTC (India) Limited v. New India Assurance Company Ltd.
2009(2) LAW HERALD (P&H) 898
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rakesh Kumar Garg
RSA No. 1457 of 2007
DHTC(India)Limited
v.
New India Assurance Company Ltd.
{Decided on 22/01/2009}
For the Appellant: Mr. C.L. Sharma, Advocate.
For the Respondent No.1: Ms. Vandana Malhotra, Advocate.
For the Respondent No.2: Mr. Sham Lal Bhalla, Advocate.
Insurance Law--Subrogation--Meaning of--In its literal sense, subrogation is the substitution of one person for another. The doctrine of subrogation confers upon the insurer the right to receive the benefit of such rights and remedies as the assured has against third parties in regard to the loss to the extent that the insurer has indemnified the loss and made it good.
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Jasvir Singh Jawanda v. M/s Sidhsons
2009(2) LAW HERALD (P&H) 900
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice K. Kannan
Civil Revision No.6126 of 2007(O&M)
Jasvir Singh Jawanda
v.
M/s Sidhsons
{Decided on 31/01/2009}
For the Petitioner: Mr. M. L. Sareen, Sr. Advocate with Ms. Hemani Sareen, Advocate.
For the Respondents: Mr. Anil Katherpal, Advocate.
(A) Rent Law--Eviction--Change of Business--Requirement of the premises, by landlord for establishing business which he had been running else where, which he had to close on account of intervention by the administration/authorities satisfied the requirements of the law--|East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii) (b). (Para 5)
(B) Evidence Law--Admission--Document--A particular fact never denied before Court and non-production of the document does not have any bearing--The document does not seek to prove a disputed fact but brings corroboration to admitted circumstances.
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