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United India Insurance Co. Ltd. vs A. Premakumari And Ors. on 14 October, 1987

In Srisailam Devasthanam v. Bhavani Prameelamma [1985] 58 Comp Cas 816, the High Court of Andhra Pradesh held that Order XLI, Rule 22, was applicable in an appeal preferred against the judgment of a Claims Tribunal. That was a case in which the maintainability of the cross-objection was challenged. The same reasoning applies in cases where the applicability of Order XLI, Rule 33. Civil Procedure Code, is also challenged.

K. Velunni And Ors. vs Premalatha And Ors. on 5 July, 1989

20. Section 110-D provides that any person aggrieved by an award of the Tribunal may prefer an appeal to the High Court subject to the provisions of Sub-section (2). Powers of the High Court in dealing with the appeal are not enumerated or restricted in any manner. Power is given to the High Court as such which has its own rules of procedure. The High Court when dealing with a regular appeal against a decree of a civil court can exercise the powers dealt with in the Code of Civil Procedure. The law is that where a statute provides right of appeal to an established court without anything indicating the manner in which appeal is to be disposed of, the right of appeal will carry with it the applicability of the rules of practice and procedure of that court with regard to its power to entertain an appeal filed, and its disposal, manner of exercise of that jurisdiction and the incidents thereof. See Srisailam Devastanam v. Bhavani Pramtlamma 1983 ACJ 580 (AP) and Sudhakaran v. Varghese 1983 ACJ 395 (Kerala).
Kerala High Court Cites 29 - Cited by 9 - Full Document

Smt. Milap Kaur And Ors. vs State Of Himachal Pradesh And Anr. on 28 August, 1987

The view also runs counter to the decision of a Division Bench of that High Court in Srisailam Devastanam v. Bhavani Pramilarama (AIR 1983 Andh Pra 297) (supra), wherein it is observed that because of the fall in the value of money and the rise in the cost of living between the date of the accident and the date of receipt of the compensation amount, no deduction needs to be made from the total compensation awarded to a claimant. The ruling, therefore, cannot be treated as an authority in support of the proposition for deduction.
Himachal Pradesh High Court Cites 19 - Cited by 1 - Full Document

Milap Kaur And Ors. vs The Secretary, Himachal Pradesh Public ... on 11 September, 1987

Rise in prices and spiral on prices of all the commodities which is ever increasing in an unprecedented manner, the extraordinary delay which takes place between the date of the accident and the realisation of the amount partially on account of the pendency of the cases in Tribunal and appeals before the High Court and partially on account of the execution of the decree.'I have followed the view taken by the Delhi High Court in Satya Wati Pathak v. Hari Ram 1983 ACJ 424 (Delhi) and Andhra Pradesh High Court in Srisailam Devastanam v. Bhavani Pramilomma 1983 ACJ 580 (AP).
Himachal Pradesh High Court Cites 17 - Cited by 6 - Full Document

New India Assurance Co. Ltd. vs Madapati Naramma And Others on 3 April, 1989

8. When the registry wrote letters to the Claims Tribunals of the procedure being followed pursuant to the rule laid down in Srisailam Devasthanam's case (supra) and the effect thereof, the replies sent by the Presiding Officers of the Tribunals reveal shocking results, nullifying the salutory effect of the rule. Accounts in advance are being opened, signatures of the parties on blank withdrawal forms are obtained; the withdrawals are following closely the heels of the deposit made on the same day. In some cases, even impersonation is practised. Even the bank officials are also hand in glove for the fraud. Some bank officials are non-cooperative to open the account for deposits not being remaining for some time at least. After discussions with the bank officials, one member suggested to keep the amount in fixed deposits for long times and payment of interest would have longing effect. Thus the record is replete with endless methods to sabotage the salutory rule laid down by this Court and deprivation of the poor, illiterate and unfortunate dependents or victimes of the accident are practised remorseless. The illiterate, poor or victims of the accidents have become mere pawns in the hands of unscrupulous persons to have unjust enrichment at the formers' expense.
Andhra HC (Pre-Telangana) Cites 17 - Cited by 6 - Full Document
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