[SC] Insurance – Surveyor’s report – Not relied – Reliance by surveyor on forensic report – Claim payable.
Insurance - Surveyor’s report - Court decided to not place reliance on the surveyor's report conducted by M/s Truth Labs, ...
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[SC] Insurance – Surveyor’s report, though important, is not absolute and not binding on the parties – It is not that sacrosanct that it cannot be departed from; it is not conclusive. [ PLRonline 368351]
Surveyor's report, though important, is not absolute and not binding on the parties - Whether one had to accept payment ...
Newtech Promoters And Developers (P) Ltd. v. State Of U.P., 2021 PLRonline 9092
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Dying declaration – Court has clarified that a dying declaration can be acted upon without any other corroboration
Court has clarified that a dying declaration can be acted upon without any other corroboration and observed as below : ...
Dying declaration – Two dying declarations containing inconsistencies
Amol Singh v. State of Madhya Pradesh, (2008) 5 SCC 468, when faced with two dying declarations containing inconsistencies, the ...
Filing – What is filing ?
The expression ‘filing’ is defined in several statutes. We may first notice the dictionary meaning of filing. In P Ramanatha ...
Dying declaration – Once a dying declaration is found to be reliable, it can form the basis of conviction
“20. The “dying declaration” is the last statement made by a person at a stage when he is in serious ...
CrPC S. 177, 178 and 179 – Jurisdiction – Investigation .
CrPC S. 177, 178 and 179 - Appellant-wife lodged an FIR for offences under Sections 498-A, 406 read with Section ...
Law declared by the higher court in the State is binding on authorities and tribunals under its superintendence and they cannot ignore it – No Court or Tribunal and for that matter any other authority can ignore the law stated by this Court
Practice and Procedure - Law declared by the higher court in the State is binding on authorities and tribunals under ...
Court Fees Act, Section 7(iv)- Valuation – Principles governing the valuation of the suits – Court, observed that the plaintiff’s assessment in such a plaint about the amount due to his share was a guesswork in the absence of any cogent material and would not constitute objective standard of valuation – Suits Valuation Act, Section 9.
Court Fees Act, Section 7(iv)- Valuation - Principles governing the valuation of the suits - Court, observed that the plaintiff’s ...
Specific Relief Act, S. 55 – Licencee – Once a licencee always a licensee would apply to all kinds of licenses and that it cannot be said that the moment the licence is terminated, the licensee’s possession becomes that of a trespasser – Where a suit is filed with promptitude against a licensee whose license is terminated, a Suit for mandatory injunction is maintainable
Specific Relief Act, S. 55 - Licencee - Once a licencee always a licensee would apply to all kinds of ...
Judicial review – Is not an appeal from a decision but a review of the manner in which the decision is made – Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in the eyes of the court – The court/tribunal in its power of judicial review does not act as an appellate authority to re-appreciate the evidence and to arrive at its own independent findings on the evidence.
A three-Judge Bench has held that power of judicial review is not an appeal from a decision but a review ...
Judicial review – Departmental enquiry – High Court is not a court of appeal over the decision of the authorities holding a departmental enquiry against a public servant.
In the case of Nand Kishore Prasad , after considering other decisions of this Court on judicial review and the ...
Judicial review – Administrative orders – Interference with the decision of departmental authorities is permitted if such authority had held proceedings in violation of the principles of natural justice or in violation of statutory regulations prescribing the mode of such enquiry while exercising jurisdiction under Article 226 of the Constitution.
Court held that interference with the decision of departmental authorities is permitted if such authority had held proceedings in violation ...
Lis – Normal rule is that rights and obligations of the parties are to be determined as they were when the lis commenced and the only exception is that the court is not precluded from moulding the reliefs appropriately in consideration of subsequent events provided such events had an impact on those rights and obligations.
The normal rule is that in any litigation the rights and obligations of the parties are adjudicated upon as they ...
