SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1992 Supreme(J&K) 108

B.A.KHAN
Nahar Singh – Appellant
Versus
Manohar Kumar – Respondent


Advocates Appeared:
Advocate For Appellant: R.P. Bakshi
Advocate For Respondent: T.S.Thakur

1. Who is a "person aggrieved" within the meaning of Section 110-D of the Motor Vehicles Act (for short the Act). Is he any Tom, Dick and Harry or whose interests stand prejudicially effectee by the award ? What should be his qualifications to get him this status. An answer to these questions will decide the fate of this appeal. Section 110-D of the Act reads thus :-

"Appeal:-(1) Subject to the provisions of Sub-section (2), any person aggrieved by an award of claims Tribunal may within 90 days from the date of award prefer an appeal to the High Court."

As it is, the expression "person aggrieved" defies an exact definition. His meaning varies with the context of statutes wherein it occurs and depends upon diverse and varied factors. This is not to suggest that it admits of no fair interpretation, but to underscore the elusiveness of the concept which has constrained the courts to define it variedly, sometimes liberally and at other times rigidly depending upon the circumstances of the case. Taking the word as it is understood in common parlance a "person aggrieved" should include a person whose interests are prejudicially effected by a decision a person who has a genuine grievance t


































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top