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

1987 Supreme(MP) 417

R.M.RASTOGI, T.N.SINGH
UTTAM SINGH – Appellant
Versus
NATIONAL INSURANCE CO. LTD. – Respondent


Advocates Appeared:
N.P.Mittal

( 1 ) WE have heard counsel on the question of maintainability of the appeal. Shri Mittal submits that the view taken by us is in direct conflict with the view taken by other High Courts and he has cited two decisions in that regard.

( 2 ) SHANTI Devi's case is one which is reported in AIR 1972 Punj and Har 65 (FB) while the other case is that of Delhi Municipality which is reported in AIR 1970 Delhi 37 (FB ). In both cases the only point which their Lordships considered was interpretation of the word "judgement" which occurs in Cl. 10 of the Letters Patent. The law which was not placed before their Lordships is that which we considered in L. P. A. No. 5 of 1987 (reported in 1988 MPLJ 78) (Shrimant Rajmata Vijayaraje Scindia v. Shrimant Maharaja Madhaorao Scindia ). That has rather paramount importance to the question of maintainability of the instant appeal. The question indeed is, whether the scope of the statutory right of appeal can be enlarged by a subordinate legislation or even in any other manner, except by a law competently enacted in that regard.

( 3 ) WE have taken the view that S. 110-D of the Motor Vehicles Act entitled the aggrieved person to lodge only one appeal in




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