Search Results for "Swaran Singh"

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Madras High Court Upholds Insurance Company's Liability in Load Auto Accident — Pay and Recover Principle Applied. The court held that the insurer must compensate the claimant for the death of a minor occupant of a goods vehicle, despite policy violations, and can recover from the owner.

The case arises from a motor accident claim filed by the mother of a deceased minor, Suryaprakash, who died after falling from a load auto on 01.04.20...

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Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

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Supreme Court Allows Appeal in Motor Vehicle Theft Insurance Claim — Negligence Not a Valid Ground for Repudiation. Theft of vehicle due to driver leaving keys in ignition does not amount to breach of policy conditions; insurer directed to pay 75% of sum assured on non-standard basis.

The appellant, Ashok Kumar, was the owner of a truck (dumper) bearing registration No. HR-55C-5385, insured with New India Assurance Co. Ltd. for an I...

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Supreme Court Allows State Appeal in Forest Constable Recruitment Case — Cancellation of Select List Upheld Due to Serious Irregularities. Selection Process Conducted Without Written Examination and Violated Reservation Policy, Justifying Fresh Recruitment.

The Supreme Court allowed the appeal filed by the State of Assam and its officers against the judgment of the Gauhati High Court, which had quashed th...

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High Court of Karnataka Quashes FIR in Cheating Case Due to Civil Nature of Dispute — Contractual Dispute Over Sale of Flats Does Not Attract Criminal Offences Under Sections 406, 420 IPC.

The petitioners, Patel Realty India Limited and two individuals, filed writ petitions under Articles 226 and 227 of the Constitution of India read wit...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased was a gratuitous passenger in a hired jeep; insurer not liable for own damage but liable for third-party claim under Motor Vehicles Act, 1988.

The appeal was filed by The New India Assurance Company Ltd. against the judgment and award of the Motor Accident Claims Tribunal, Jalna, in MACP No.2...

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Bombay High Court Partially Allows Appeal in Motor Accident Claim — Enhances Compensation and Holds Insurance Company Liable Despite Driver's Invalid Licence. The Court applied multiplier 14 and added future prospects, and held Insurance Company liable to pay with right to recover from owner.

The appeal arises from a motor accident claim petition filed by the dependents of a deceased who died in a truck accident on 24.11.2006. The deceased ...

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Bombay High Court Dismisses Developer's Suit for Specific Performance Against Cooperative Housing Society and Members Due to Lack of Privity and Authority. The court held that a cooperative society cannot bind its members to a development agreement without their consent, and the suit was not maintainable.

The plaintiff, Vardhman Developers Ltd., filed a suit for specific performance of a development agreement against Borla Co-operative Housing Society L...