AI Overview...
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Loyalty and Driver Pay - The sources do not explicitly address the issue of loyalty going to owner and driver pay or recoverability of orders in favor of claimants. The focus is primarily on legal remedies, damages, and recovery processes related to various disputes, damages, and recoveries involving agencies, companies, and government authorities. Various references
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Recovery of Orders and Claims - Multiple sources discuss recovery and enforcement of orders, damages, and claims:
- Source KONINKLIJKE PHILIPS ELECTRONICS N. V. VS RAJESH BANSAL, SOLE PROPRIETOR, MANGLAM TECHNOLOGY - Delhi mentions punitive damages awarded to the plaintiff and the process of recovery from defendants, indicating that courts can pass decrees for recovery in favor of claimants.
- Source Experion Developers Private Limited VS UP Television Network Private Limited - Delhi emphasizes that a successful plaintiff should recover damages to compensate for loss, including damages for vindication, suggesting courts favor claimants in recovery matters.
- Source Super Cassettes Industries Ltd. VS Shreya Broadcasting Pvt. Ltd. - Delhi confirms that courts can decree recovery of costs and grant injunctions, supporting the principle that rightful claimants should recover what is due.
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Sources Experion Developers Private Limited vs UP Television Network Private Limited - Delhi and State of Meghalaya vs All Dimasa Students Union, Dima-Hasao District Committee - Kerala* highlight that the State has the power under relevant laws (e.g., Section 21(5)) to recover minerals, royalties, or prices from persons, reinforcing the legal backing for recovery in resource disputes.
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Legal Principles Supporting Claimant's Favor:
- Courts tend to favor claimants by passing decrees for damages, costs, and recovery of dues, especially when justified by law or contractual rights.
- The function of damages includes vindication and restoring reputation, as discussed in Source Experion Developers Private Limited VS UP Television Network Private Limited - Delhi, indicating courts’ inclination to uphold the rights of claimants.
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Orders for recovery are supported by statutory provisions, such as the State’s power under mineral laws (Sources Indsil Hydro Power and Manganese Limited VS State of Kerala - Supreme Court, State of Meghalaya vs All Dimasa Students Union, Dima-Hasao District Committee - Kerala*).
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Insights and Main Points:
- Courts generally favor claimants in recovery and damages cases, passing decrees accordingly.
- The legal framework provides mechanisms for recovery of dues, damages, and costs, often supporting claimants’ rights.
- Specific provisions like Section 21(5) empower the State to recover minerals, royalties, or prices, underpinning the legal basis for recovery orders.
- Injunctions and decrees are common remedies to enforce rights and ensure recovery.
Conclusion: Based on the legal principles and case references, courts tend to pass recoveries and damages in favor of claimants, supporting their right to recover dues, damages, and costs, aligning with the principle that loyalty and rightful claims should be honored and enforced through appropriate legal orders.
Search Results for "If Loyalty Goes to Owner and Driver Pay and Recover Order should be Passed in Favour of Claimant"
2021 0 Supreme(SC) 486 • India - Supreme Court
UDAY UMESH LALIT, VINEET SARAN
In such cases, in order to account for the additional advantage gained by agency by way of getting Controlled releases, the agency ... with State for allotment - After the Scheme was allotted CUMI undertook to establish Hydro Electric Project with 12 MW capacity on River ... by agency the energy generated from the scheme - This will be in addition to royalty of water if any, to be paid - Tariff storage ... It is true that as a result of order passed by this Court in Mineral Area Development Authority an....
2018 0 Supreme(Del) 1454 • India - Delhi
MUKTA GUPTA
A decree of punitive damages to the tune of Rs. 5 lakhs is also passed in favour of plaintiff and against Rajesh Bansal. ... The plaintiff is also found entitled to a decree for recovery from Rajesh Bansal and K.K. ... Whether the defendant No.2 is liable to pay any license fee to the plaintiffs and if so at what rate? 8. ... A decree of punitive damages to the tune of Rs. 5 lakhs is also passed in favour of plaintiff and against Rajesh Bansal. A commission is issued to inquire into th....
2020 0 Supreme(Del) 1313 • India - Delhi
V.KAMESWAR RAO
It is important that a successful plaintiff is allowed to recover such damages as would compensate for the loss of its reputation. ... The function of damages for vindication was well explained by Lord Hailsham in Broome v Cassell, (1972) AC 1027 at 1071c-e in terms of the need, "in case the libel, driven underground, emerges from its lurking place at some future date", for the claimant (whether personal or corporate) to be able to ... Accordingly, the Suit is decreed and an order of injunction is passed#HL_END....
2019 0 Supreme(Del) 1149 • India - Delhi
MUKTA GUPTA
Cost of Rs. 22,900/- as deposited for Court fees was also awarded in favour of plaintiff and against the defendant. ... The assignment deeds executed in favour of the plaintiff granted it the exclusive right to make or authorize the making the copies ... Final Decision: The suit was decreed in favour of the plaintiff and against the defendant directing a permanent injunction ... Reliance is placed on the order dated 24th October, 2013 passed by this Court passed in CS (OS) 1915/2012 ....
• India - Delhi High Court
V.KAMESWAR RAO
(A) Indian Companies Act, 1956 - Defamation - Civil Procedure Code, 1908 - Order VII Rule 14 - Suit for permanent injunction and ... ... ... Result: Suit decreed in favor of the plaintiff, awarding ₹5 Lakhs in damages and ordering the removal of defamatory content ... The function of damages for vindication was well explained by Lord Hailsham in Broome v Cassell, [1972] AC 1027 at 1071c-e in terms of the need, `in case the libel, driven underground, emerges from its lurking place at some future date', for the claimant ....
2019 0 Supreme(SC) 715 • India - Supreme Court
ASHOK BHUSHAN, K.M.JOSEPH
case: ... These appeals have been filed challenging various orders passed ... section 21(5) - NGT directing that coal remaining after 15.05.2016 shall vest in the State - U/s 21(5) state exercises its power to recover ... Act, 1957 - Section 4(1), 5 and 13 - Expression “no person” in section 4(1) without an exception - Owner ... It is true that the State Government has power under Section 21(5) to recover from such person the minerals so raised, or, where such material has already been disposed of, the price thereof, and....
2021 0 Supreme(Del) 2032 • India - Delhi
C. HARI SHANKAR
injunction application - Plaintiff sought an injunction against defendants to restrain them from enforcing an anti-suit injunction order ... The Maldivian court passed the judgment in favour of Sun, whereunder substantial damages were awarded to Sun, totally contrary to the awards consequent on the arbitral proceedings. ... The contention, of the defendants, that the order merely delayed recovery of royalty from the defendants, was not correct. ... In March 2019, the North Carolina cou....
2019 Supreme(Online)(Ker) 84996 • India - IN THE HIGH COURT OF KERALA
ASHOK BHUSHAN, K.M.JOSEPH, JJ
It is true that the State Government has power under Section 21(5) to recover from such person the minerals so raised, or, where such material has already been disposed of, the price thereof, and may also recover from such person, rent, royalty or tax, as the case may be, but it is for the State Government ... On 10.05.2019, we had passed an order permitting transportation of coal to the extent of 75,050 metric ton which was balance quantity from 1,76,655 metric ton of coal, for transportation of which ....
2020 0 Supreme(SC) 445 • India - Supreme Court
ROHINTON FALI NARIMAN, S.RAVINDRABHAT, V.RAMASUBRAMANIAN
It is in this background that one has to consider the argument of the state, which found favour with the High Court, that such notification ... – Application without impleading legal heirs cannot be rejected – Direction to NHAI and licensee, jointly making them liable to pay ... of the directions issued by the State of Maharashtra under Section 154 of the MRTP Act, the third party appellants challenge the order ... of dismissal of any application for default or any order passed by it exparte; (i) pass a....
2017 0 Supreme(Guj) 838 • India - Gujarat
R.SUBHASH REDDY, V.M.PANCHOLI
passed by the Gujarat Maritime Board recommending in-principle approval to the DPR of AHPPL for outer harbor development in the ... the hearing and final disposal of the petition, Your Lordships may be pleased to stay the operation of the Resolution No. 3157 passed ... disposal of the petition, Your Lordships may be pleased to restrain the Respondents herein from giving effect to any resolutions passed ... Though it is true that during pendency of the petition, the Resolution dated 31.5.2016 was passed, it is denied that....
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