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Repudiation of claim under fire and special perils policy, for not providing desired documents is not sustainable, when documents were for the purpose of assessment of claim and Surveyor’s report had already been made and accepted by Insurance Company. Held, “In   our   considered   view, invoking   condition   no.   6(b) of   the policy   for   repudiation   dated   11th […]

The buyer having performed his part of contract and lawfully in possession acquires possessory title which is liable to be protected in view of S. 53-A TPA. Such possessory rights of the buyer cannot be invaded by the seller/transferor or any person claiming under him. Once seller parted with possession of suit property by putting

Essential ingredients of offences of supporting and/or raising funds for terrorist organisation under Ss. 39 & 40 and matters to be considered before cancellation of bail in respect of such offence(s), It would further reveal that not only the charge-sheet but supplementary charge-sheet has been filed. The Forensic Science Laboratory (for short, “FSL”) report show

The essence of the business model is to provide a fillip to the revenue generated by another arm of the business. This being the case, movie goers are bound by the condition of entry determined by the theatre owners in the instant case i.e., the prohibition on carrying food and beverages from outside into the

Held, For attracting S. 138, as per proviso (b) a demand notice demanding the “the said amount of money” needs to be made by the drawee of the cheque (Para 26) and an omnibus demand notice without specifying as to what was the amount due under the dishonoured cheque would not subserve the requirement of

Payment or refund or discharge of liability effected vide banker’s cheque, or pay order, or demand draft, or any instrument where payment is effected through the bank, when complete, and when liability to pay interest on the amount in question ceases, explained. Law clarified relating to applicability of principles contained in Or. 21 Rr. 1(4)

Principles clarified relating to approach to be adopted by the Court in FIR/investigation in PC Act/corruption cases. Held, to maintain probity in the system of governance as well as to ensure that societal pollutants are weeded out at the earliest, it would be eminently desirable if the high courts maintain a hands-off approach and not

The embargo under Sub­section (5) of Section 43D of the UAPA reads thus, “ Provided that such accused person shall not be released on bail or on his own bond if the Court, on a perusal of the case diary or the report made under Section 173 of the Code is of the opinion that

Principles clarified relating to approach to be adopted for determination of normal price and determination of applicability of R. 6(b)(i) or (ii) of the 1975 Rules. Held, Having considered the records and the submissions of the parties, this Court is of the opinion that the impugned order cannot be faulted. This Court in its judgment

In this case, there was rejection of candidature of appellant solely on ground of his involvement in criminal case under S. 498-A IPC, in which he was subsequently acquitted. Held, neither there was any suppression of material fact on the part of the appellant nor he was convicted for any offence under the IPC. The alleged