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Can a Civil Court declare a Person Dead? – A discussion by Rakesh Kumar Singh

June 12, 2017 articles Leave a comment 4,068 Views

Can a Civil Court declare a person dead? – A discussion by Rakesh Kumar Singh

Can a Civil Court Declare a Person Dead? – A Discussion by Rakesh Kumar Singh by latest laws team on Scribd

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HALAPPA Vs. MALIK SAB

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A. Motor Vehicle Act, 1988, Section 166 - 100% permanent disability - Compensation - Case of insurer that he visited to attend event - A demonstration of tractors was being held by tractor\'s company - Insured who is agriculturist, when approached tractor, driver unable to bring it to a halt as a result of which it turned turtle and collided with insured resulting in grievous injuries - Held, insurer failed to produce either file or report of Investigator in case - No independent witness produced by insurer to displace version of incident as deposed to by insured and eye witness - Insurer liable for compensation. B. Motor Vehicle Act, 1988, Section 166 - 100% permanent disability - Compensation - Enhancement - Medical evidence shows that lower limbs of insurer paralyzed resulting in a loss of bladder and bowel control - Medical evidence establishes 100% disability of insurer - Insurer suffers from traumatic paraplegia and was hospitalized for 42 days - Insurer was 28 years of age when accident took place - Thus, monthly income of insurer L 4,000/- - Award for Future prospects and deduction for present expenses, enhanced from L 5,75,000/- to L 7,75,000/- - Award for future medical expenses enhanced from L 30,000/- to L 1,20,000/- regard to nature of disability - Therefore, compensation enhanced by L 2,70,000/- at the rate of 7% interest.

Dipak Misra, CJI, A.M. Khanwilkar and Dr. D.Y. Chandrachud, JJ.

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RAJ KUMAR BHATIA Vs. SUBHASH CHANDER BHATIA

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Consumer Fora - Implementation of proper infrastructure - Committee appointed by present Court has filed its report - Committee has completed its task - Work of three member Committee appointed stands concluded with its report, a copy of which placed on record - Committee stands closed - ASG to assist present Court in formulating appropriate directions to ensure that proper infrastructure made available at all levels of consumer fora across country.

Dipak Misra, CJI, A.M. Khanwilkar and Dr. D.Y. Chandrachud, JJ.

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TEESTA ATUL SETALVAD Vs. THE STATE OF GUJARAT

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Criminal Procedure Code, 1973, Section 102 - Indian Penal Code, Sections 406, 420 and 120B - Information Technology Act, 2000, Section 72A - Foreign Contribution (Regulation) Act, 1976, appeal dismissed.

Dipak Misra, CJI. and A.M. Khanwilkar, J.

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DINESH KUMAR J. @ DINESH J, Vs. NATIONAL INSURANCE CO. LTD

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Ordinary Civil Matter, appeal is allowed.

Dipak Misra, CJI, A.M. Khanwilkar and Dr. D.Y. Chandrachud, JJ.

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HARPAL SINGH Vs. ASHOK KUMAR

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Constitution of India, Article 227 - Delhi Land Reforms Act, 1954, Section 185 (1) - Specific Relief Act, Section 6, appeal is dismissed.

Dipak Misra, CJI, A.M. Khanwilkar and Dr. D.Y. Chandrachud, JJ.

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RAJIVE RATURI Vs. UNION OF INDIA

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Rights of Persons with Disabilities Act, 2016 - Companies Act, 2013, Section 2 - Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act) 1995.

A.K. Sikri and Ashok Bhushan, JJ.

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DISABLED RIGHT GROUP Vs. UNION OF INDIA

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Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act) 1995, Section 39 - Rights of Persons with Disabilities Act, 2016, Section 32 - Rights of Children to Free and Compulsory Education Act, 2009.

A.K. Sikri and Ashok Bhushan, JJ.

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M.C.MEHTA Vs. UNION OF INDIA

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Delhi Laws (Special Provisions) Act, 2006.

Madan B. Lokur and Deepak Gupta, JJ.

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JOSEPH Vs. STATE REP. BY INSPECTOR OF POLICE

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Indian Penal Code, Section 302 read with Section 149, appeals are partly allowed.

Ranjan Gogoi and R. Banumathi, JJ.

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LMJ INTERNATIONAL LTD. Vs. DANKUNI STEELS LIMITED

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Arbitration and Conciliation Act, 1996, Section 9, appeal is allowed.

A.K. Sikri and Ashok Bhushan, JJ.

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Can a Civil Court declare a Person Dead? – A discussion by Rakesh Kumar Singh

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Can a Civil Court declare a Person Dead? – A discussion by Rakesh Kumar Singh

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