Insurance – Material fact – Uberrima fides
CROWN CONSULTANTS PVT. LTD. Versus ORIENTAL INSURANCE COMPANY LTD., III(2011) CPJ 439 (NC), as under:- 19. A contract of insurance ...
CrPC S. 156(3), 200 – Upon a Magistrate taking cognizance of a complaint under Section 200 of the CrPC 1973, the Court is precluded from directing an investigation under Section 156(3) of CrPC. [ID 448777]
2024 PLRonline 448777 = (2024-3)215 PLR 737 (SN) PUNJAB AND HARYANA HIGH COURT Before: Mr. Justice Vinod S. Bhardwaj. DIVYANSHU MEHTA ...
Hindu Marriage Act, 1955 – S.13(1)(ia), S. 26 – Child – Visitation – Interest of the minor child is paramount – In the process of adjudicating upon the rights of the parents, the health of a child aged 2 years cannot be compromised. [ID#429700]
Hindu Marriage Act, 1955 - S.13(1)(ia), S.26 - Child - Visitation - Interest of the minor child is paramount - In the ...
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IBC S. 7, 10A – Under IBC Sections 7 and 10A – No application can be filed for defaults occurring during the 10A period. [2024 PLRonline 017 (NCLAT), [ID 428700] ]
2024 PLRonline 017 (NCLAT) IBC S. 7, 10A - Under IBC Sections 7 and 10A, while no application ...
IBC Section 7, consciously uses the expression “default” – not the date of notifying the loan account of the corporate person as NPA.
IBC Section 7, - Default - NPA - Ordinarily, upon declaration of the loan account/ debt as NPA that date ...
CPC O. 6 R. 17 – Merely introducing a declaratory relief through the proposed amendment does not alter the nature of the suit. [ID 487774]
Civil Procedure Code, 1908 (V of 1908) Order 6 Rule 17 - Every amendment in the prayer clause does not ...
IPC S. 306 – Abetment to suicide – Instigation – Mens rea – What is Abetmenrt ? – Refusal to marry – Accused on asking of the deceased had simply refused to marry her which is not a positive act on his part with any intention to abet the crime of suicide. [ID 415774]
(i) Indian Penal Code, 1860 (45 of 1860), Section 107, 306 - Abetment to suicide – Instigation – Mens rea ...
All the rules of procedure are the handmaid of justice.
Reference can be made to the observation made by Supreme Court in Kailash v. Nanhku 2005(4) SCC 480, wherein it ...
CPC O. 39 R. 1 and 2 – Injunction restraining the petitioner from interfering with the respondent’s possession upheld. Petitioner’s claim of purchasing a share from a co-sharer rejected due to lack of evidence of possession by the co-sharer or the petitioner. Undivided shares can be sold but possession requires partition by metes and bounds. Injunction properly granted; petition dismissed. [ID 213901]
CPC O. 39 R. 1 and 2 - Injunction restraining the petitioner from interfering with the respondent's possession upheld. Petitioner's ...
Suit for permanent injunction – Co-sharer – A co-sharer cannot claim exclusive possession without a formal partition by metes and bounds. The vendee’s right to possession arises only after partition, ensuring fair division among all co-owners. 2010 PLRonline 0103 PH
2010 PLRonline 0103 PH . PUNJAB AND HARYANA HIGH COURT JUSTICE VINOD K. SHARMA Bhupinder Singh & others.......... Appellants Versus ...
COI Art. 136 – Appeal – Evidence – Reappreciation of .
In an appeal under Article 136 of the Constitution of India, ordinarily this Court will not engage itself in reappreciation ...
NDPS S. 15, 29, 37 – CrPC S. 439 – Commercial quantity – Regular bail – Petitioner is in custody for last 1 year and 10 days; out of a total of 18 prosecution witnesses, none has been examined – Further incarceration would be violative of his right enshrined under Article 21 of the Constitution of India. [ID#430771]
2024 PLRonline 15 = (2024-3)215 PLR 129 (SN) = Punjab and Haryana High Court Before: Aman Chaudhary, J. Rashid Hussain Thoker ...
Constitution of India, Art. 15(4) – is not an exception but only makes a special application of the principle of reasonable classification. Article 15(4) does not make any mandatory provision for reservation and the power to make reservation under Article 15(4) is discretionary and no writ can be issued to effect reservation. [PLRonline ID 228200]
Apex Court laid down that Article 15(4) of the Constitution is not an exception but only makes a special application ...
Ombudsman – Performs the duties in the nature of quasi judicial Tribunal – Award in favour of the Complainant shall state the amount of compensation granted to the Complainant .[ID#442768]
The Ombudsman's conclusion that the insurer's willingness to cover overseas medical expenses implies liability for subsequent treatment in India was ...