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Others Judgments and Orders

Balathandayutham and another Versus Ezhilarasan

 26 April 2010

The material facts of the case are: Late Mr. M. Ramachandran, the father of the 1st appellant as also of the plaintiff-respondent, had three sons, namely, Balathandayutham (1st appellant), Ezhilarasan (plaintiff-respondent) and one Gnanavoli and two ..

Posted in Others |   1483 hits

Jindal Stainless Ltd. & Anr. versus State of Haryana & Ors

 26 April 2010

On 18th December, 2008, when some of the cases in the present batch came for hearing before a Division Bench of this Court to which one of us, Kapadia, J., was a party, the Division Bench of this Court found that some of the High Courts before which ..

Posted in Others |   2026 hits

M/s. Jai Vijai Metal Udyog Pvt. Ltd. Industrial Estate, Vara

 26 April 2010

The Dealer, incorporated as a private limited company, is engaged in the manufacture of aluminium ‘properzi’ redraw rods from aluminium ingots. The word ‘properzi’ is the name of the person who had invented the process of manufacturing redraw rods. A..

Posted in Others |   1517 hits

M/s. Variety Entertainment Private Limited, Hyderabad

 16 March 2010

..

Posted in Others |   2060 hits

contributory & composite negligences

 05 January 2010

Thus, when a person/victim suffered without any negligence on his part but as a result of combined effect of negligence of two other persons, it is not the case of "contributory", but what has been said by famous jurist Pollock as injury or death..

Posted in Others |   3662 hits

MV ACT-THIRD PARTY INSURANCE-OWNER DEAD IN NO CLAIM

 24 October 2009

"That as per Motor Vehicle Acts and Rules the owner is not entitled to get any compensation if he drives the vehicle and falls in an accident- As the Insurance Policy is a third party in nature- The contract between the insured and insurer is that..

Posted in Others |   4851 hits

Driving lisence

 22 May 2009

A person having driving lisence to drive Tractor is not authorised to drive motorcycle..

Posted in Others |   2439 hits

interpretation of arbitration act

 02 April 2009

questions relating to the construction and interpretation of section 85 of the Arbitration and Conciliation Act, 1996 (the "new Act" for short) which contains repeal and saving provision of the three Acts, namely, the Arbitration (Protocol and Conven..

Posted in Others |    hits

Police aid for tower construction

 17 March 2009

..

Posted in Others |    hits

dishonour of cheque lost in transit

 25 February 2009

The cheque was sent for collection to Chengannur branch of the bank through M/s. Professional Couriers but the same was lost in transit. Banking Ombudsman gave similar advise to the respondent by pointing out that he can get duplicate cheque by res..

Posted in Others |    hits

Health Hazard-Telecom Tower erection

 18 February 2009

We notice that the Panchayat has as on today no scientific data or relevant materials to cancel the licence already granted on the ground that the installation of the Tower would cause any health hazards. Licence granted has been cancelled by the Pan..

Posted in Others |    hits

consent of a patient necessary for surgical procedure

 14 February 2009

if the patient been conscious, and informed about the need for the additional procedure, the patient might have agreed to it. It may be that the additional procedure is beneficial and in the interests of the patient. It may be that postponement of th..

Posted in Others |    hits

consumer protection act

 26 January 2009

Recent judgment under consumer protection act against Insurance company relating to question of reimbursement of repairing costs...

Posted in Others |    hits

Section 8 of Arbitration and Concilation ACt

 03 December 2008

Arbitration and Conciliation Act, 1996 — Sections 8, 16, 45 and 54 — Reference to Arbitration — Judicial authority must refer the dispute which is the subject-matter of an arbitration agreement if an action is pending before him, subject to the..

Posted in Others |    hits

Additional Premium

 21 October 2008

Consumer Protection Act, 1986 - Section 21 - Insurance - Additional Premium - Fire policy for 3 plants - Insurance cover for flood risk only for one plant situated within same complex - Additional premium collected as corrective action for entir..

Posted in Others |    hits

Insurance - Advantage of its own wrong

 21 October 2008

Insurance - Advantage of its own wrong - In salary saving scheme where employer duty bound to remit premium to LIC and employer failed to do so - LIC also failed to inform employee about non payment and its consequences - Now after death of employee..

Posted in Others |    hits

Recovery citation - Against guarantor

 26 September 2008

(A) State Financial Corporation Act, 1951 , Section 29 - Uttar Pradesh Public Money's Recovery of Dues Act, 1972 - Recovery citation - Against guarantor - First recovery citation issued on 3.9.1993 - Same was challenged under writ petition - Another ..

Posted in Others |    hits

Discharge simpliciter - Wrong mentioning of provision

 22 September 2008

Army Act, 1950, Sections 20, 22 and 63 - Discharge simpliciter - Wrong mentioning of provision - Authority having power under the law - Merely because while exercising that power the source or power is not specifically referred to or a reference is m..

Posted in Others |    hits

Reference - Only a question of law can be answered

 18 September 2008

(A) Kerala Agricultural Income Tax Act, 1952, Section 60 - Speaking order - High Court not even indicated as to why it considered the conclusions of the Assessing Authority and the Appellate Authority to be unsustainable - Open to High Curt not to an..

Posted in Others |    hits

Equal pay for equal work

 04 September 2008

(A) Bihar Non Government Secondary School (Taking over Management and Control) Act, 1981, Sections 2(d), 3 and 19 - Proprietary School - Grant of recognition - To take over the school - Direction sought - School being managed by managing Committee an..

Posted in Others |    hits







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