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Showing posts with label
legal heirs
.
Show all posts
Showing posts with label
legal heirs
.
Show all posts
Monday, 19 May 2025
Jharkhand HC: Whether the Motor accident claim tribunal can reject claim petition if all legal heirs of deceased are not added as party to proceeding?
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Matter for consideration is whether all the heirs are a necessary party in a claim case. Compensation is assessed on the basis of dependency...
Thursday, 17 April 2025
Big Relief for Widows in Maharashtra: Court Fees Slashed - Reduction in maximum court fees from Rs. 75,000/- to Rs. 10,000/-
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2. In view of the requisition raised by the Testamentary Registrar, Ms. Chavan, Learned AGP, on instructions, submits that the State Govern...
Wednesday, 16 April 2025
P & H HC: Whether Motor accident claim tribunal can reject claim petition if some of legal heirs are not added as party to the proceeding?
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A bare perusal of the above-mentioned provision shows that where the death has resulted from the accident, the application for compensation ...
Jharkhand HC: Whether motor accident claim petition can be rejected on the ground that some of legal heirs of deceased are not added as party to the petition?
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Matter for consideration is whether all the heirs are a necessary party in a claim case. Compensation is assessed on the basis of dependenc...
Sunday, 2 February 2025
Whether legal heirs have right to file fresh motor accident claim petition after death of injured even though petition filed by him for injury claim is pending?
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Here in this case, the claimants, as legal heirs and representatives, have filed a subsequent claim petition while the original was still pe...
Sunday, 29 December 2024
Kerala HC: Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal
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Upon hearing the rival submissions of the parties, we are of the view that the Appeal must succeed. The precedents referred above would ma...
Thursday, 23 May 2024
Kerala HC: Legal representatives of deceased are not entitled to claim compensation u/s163A of the Motor vehicles Act.
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Under Section 163A, the persons who are entitled to apply for compensation are the legal heirs, in the case of death of a person and in t...
A claim petition u/s 166 of MV Act can be preferred by legal representative of deceased whereas, a claim petition u/s 164 can be preferred by legal heirs of deceased only
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As per Section 166(1)(c) of the Act legal representative of the deceased can prefer a claim petition u/s 166 of the M V Act. Whereas, Sect...
Under which circumstances second motor accident claim petition filed by legal heirs of deceased claimant is not barred by res judicata?
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To our understanding of the situation, the claimants subsequent to the death of S. Gangadhara by not amending the petition to make claim und...
Tuesday, 23 January 2024
What changes Hindu Succession Amendment Act 2005 has brought regarding distribution of property among the legal heirs?
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The Hindu Succession Act, which governs the distribution of property among Hindus in India, has undergone several amendments to bring abou...
Sunday, 5 March 2023
Can the Motor accident claim tribunal direct police to Exhume the dead Body for DNA Test to ascertain that claimants are legal heirs of the deceased?
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The present petition under Article 227 of the Constitution of India preferred by the legal heirs of Mr. Sujaat Ali assails the order dated ...
Tuesday, 9 August 2022
Whether legal heirs of injured claimant can claim hospital and medicine charges after his death under motor vehicle Act?
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We see no reason to deviate from the consistent judicial view taken by more than one High Court that loss of estate would include expendit...
Friday, 25 March 2022
Whether the court can revoke letter of administration if all legal heirs are not made parties to the suit?
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As per Section 263, the grant of Letters of Administration may be revoked for “just cause”. Explanation (a) under Section 263 states that...
Tuesday, 1 March 2022
Is the sale deed executed by the deceased defendant's son invalid by the doctrine of lis pendens even if he was not added as a party to suit within limitation?
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LIS PENDENS 92. The Doctrine of Lis Pendens is based on the maxim “pendente lite nihil innovetur”. This means that pending litigation, nothi...
Sunday, 30 January 2022
Whether legal heirs of a government servant can avoid their eviction from official residence saying that said accommodation is not dilapidated?
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Moreover, petitioners claim their occupation over the tenements from the Government, pursuant to they or their predecessors to be in Governm...
Sunday, 9 January 2022
Whether legal heirs of a woman can claim monetary relief under the Domestic violence Act after her death?
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Herein, the petitioners do not claim themselves to be “aggrieved person” but would assert their right to present an application under Sectio...
Saturday, 11 December 2021
Can the court grant enhanced compensation to legal heirs of the deceased under the head of future prospect if the deceased was not serving and had no income at the time of death?
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We see no reason why the aforesaid principle may not be applied, which apply to the salaried person and/or deceased self employed and/or ...
Friday, 10 September 2021
Whether a suit for declaration of legal heir is triable by Civil Court or by a Family Court?
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In the case at hand, the plaintiff-petitioners instituted the suit under Section 34 of the Specific Relief Act seeking declaratio...
Saturday, 7 August 2021
When applicant should not pay court fees for getting legal heirs certificate?
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In so far as Article 12 of Schedule I of the Bombay Court Fees Act, which has been referred by the learned Judge in the order, is concerne...
Tuesday, 18 May 2021
Whether court can permit the power of attorney holder of legal heirs of the deceased complainant to apply to continue prosecution?
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Likewise, under Section 302 of the Code, a person, who is entitled to continue the prosecution, is required to make an application himself...
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