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ishverlal Thakorelal Almaula Vs. Motibhai Nagjibhai - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtSupreme Court of India
Decided On
Judge
Reported inAIR1966SC459; (1966)0GLR233; 1966MhLJ1049(SC); [1966]1SCR367
ActsBombay Tenancy and Agricultural Lands Act, 1948 - Sections 1 to 87, 88, 88A to 88D, 89 and 89(2); Bombay Tenancy and Agricultural Lands (Amendment) Act, 1956; Bombay Tenancy and Agricultural Lands (Amendment) Act, 1952; Bombay Land Revenue Code, 1879 - Sections 84; ;Bombay Tenancy and Agricultural Lands Act, 1939; Bombay Tenancy and Agricultural Lands (Amendment) Act, 1946; Mamlatdars' Courts Act, 1906 - Sections 5; Bombay Municipal Boroughs Act, 1925; Bombay Tenancy and Agricultural Lands (Amendment) Act, 1955
Appellantishverlal Thakorelal Almaula
RespondentMotibhai Nagjibhai
Excerpt:
.....- district judge erred in proceeding with case - matter remanded to district judge to restore appeal and to proceed according to law. - motor vehicles act (59 of 1988)new plea: [dr.arijit pasayat & dr.m.k.sharma,jj] appellant contesting compensation awarded by mact under the motor vehicles act, 1988 - for the first time contending before high court that accident had occurred due to negligence of deceased being in intoxicated state of mind - high court turning down the plea - held, in the absence of any pleading or evidence to substantiate appellants stand, rejection of plea by high court is justified. sections 166, 168, 171 & 173: [dr.arijit pasayat & dr.m.k.sharma,jj] compensation -multiplier deceased was a permanent employee in the state government as a superintendent on a.....order28. in accordance with the opinion of the majority the decree passed by the high court and the district court is set aside and the appeal remanded to the district court with the direction that it do restore the appeal to its original number and do proceed according to law. appellant's legal representatives will pay the costs of this appeal to the respondent. costs in the district court will abide the event.
Judgment:
ORDER

28. In accordance with the opinion of the majority the decree passed by the High Court and the District Court is set aside and the appeal remanded to the District Court with the direction that it do restore the appeal to its original number and do proceed according to law. Appellant's legal representatives will pay the costs of this appeal to the respondent. Costs in the District Court will abide the event.


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