Insurance policy covered risk of third parties including unnamed passengers, in respect of which premium was duly paid. Another clause covered “employees” such as driver and cleaner upon payment of additional premium, but such additional premium not paid in respect of this “employees” clause. While determining that deceased if was an “employee” of assured so […]
Determination of Liability of insurer Ss. 147 and 166 Read More »
The word used S. 263 is “made” and not “received”. Hence, if the order under S. 263 was made/passed within the period of two years from the end of financial year in which order sought to be revised was passed, such an order would not be beyond the period of limitation prescribed under S. 263(2).
Income Tax Act, 1961— Date for reckoning period of limitation prescribed under S. 263(2) Read More »
Reunion of family: Principles explained in detail about concept of reunion of joint family, manner in which to be proved, presumption against reunion after partition. The plaintiff’s case throughout was that the family continued to be joint after 7-11-1960 and defendant 1 who alone had filed the written statements and appeared in the witness box having
Art. 137 of the Limitation Act gets attracted to applications filed under Ss. 7 and 9 IBC. The right to sue accrues when a default occurs, and if that default has occurred over three years prior to the date of filing of an application under S. 7 IBC, the application would be barred under Art.
Power of Court under S. 34 to “set aside” award, held, does not include power to modify such an award. Given limited scope of judicial interference with award under S. 34 on extremely limited grounds not dealing with merits of an award, “limited remedy” under S. 34, held, is coterminous with “limited right”, namely, either
In this case, prayer was made for expunction of adverse remarks made against appellant, a senior lawyer, by High Court while deciding four cases in which appellant was representing one of the contesting parties. The Court observed that while it is of fundamental importance in realm of administration of justice to allow Judges to discharge
In this case, dispute between appellant and R-4 concerning alleged right to way of R-4 decided by Revenue Authorities against appellant., that order was challenged before High Court as appeal was dismissed. While dismissing the writ petition, High Court passed cryptic order without considering essential issues. Without going into questions whether there was any easement
High Court must set forth its reasons, indicating at least in brief, an application of mind to nature of evidence and findings which have been arrived at. Not doing so, is not consistent with the duty which is cast upon High Court while determing whether leave should be granted to appeal against order of acquittal.
Remission policies may be composite ones referable both to S. 432/S. 433 CrPC and Art. 161 of the Constitution. Remission power exercisable under a particular remission policy whether would be one exercisable: (A) under S. 432/S. 433 CrPC, and/or (B) under Art. 161 of the Constitution, inter alia, depends on: the terms of the remission
When a person is preventively detained Arts. 21 & 22 are attracted and not Art. 19. Hence, to tear observations made in Madhu Limaye case out of context would be fraught with danger when it comes to liberty of person under Art. 21. Hence, contention that liberal meaning must be given to the expression “public
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