Search Results for "Void ab initio"

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Supreme Court Dismisses Appeal in Insurance Claim Dispute — Policy Cancellation Upheld Due to Non-Disclosure of Material Facts. Insured failed to disclose pre-existing health condition and pending litigation, rendering policy void ab initio under Section 45 of Insurance Act, 1938.

The appellant, a company, had taken an insurance policy from the respondent insurer. The policy was issued on 15.10.2010. However, on 17.10.2010, a me...

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Supreme Court Allows Appeal of Punjab Urban Planning and Development Authority, Sets Aside Regularization of Daily Wager Obtained by Fraud. Fraudulent Entry into Service Vitiates the Entire Regularization Process, and Such an Employee Is Not Entitled to Protection Under Industrial Disputes Act, 1947.

The Supreme Court allowed the appeal filed by the Punjab Urban Planning and Development Authority (PUDA) against the judgment of the Punjab & Haryana ...

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High Court of Karnataka Quashes Criminal Proceedings Under Insecticides Act for Lack of Sanction — Prosecution Initiated Without Mandatory Consent Under Section 31(1) of the Insecticides Act, 1968 Is Void Ab Initio.

The petitioner, B.S. Suresh Babu, proprietor of Karnataka Traders, filed multiple writ petitions under Article 226 of the Constitution of India read w...

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High Court of Karnataka Quashes Compromise Decree in Lok Adalat Due to Fraud and Non-Compliance with Legal Requirements. Petitioner, who was a minor at the time of compromise, was not represented by a guardian, rendering the decree void ab initio under Order 32 Rule 7 CPC.

The petitioner, Smt. Pooja, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a compromise decree dated 2...

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Gujarat High Court Allows Appeal by Dhoraji Nagarpalika Against Absorption Order in Service Regularization Case. Appointment of Daily Wager Without Following Recruitment Rules is Void Ab Initio and Cannot Be Regularized.

The case involves an appeal by Dhoraji Nagarpalika (appellant) against an order of the learned Single Judge dated 10.01.2019 in Special Civil Applicat...

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Bombay High Court Dismisses Teacher's Petition for Reinstatement as Headmistress Due to Lack of Prior Approval from Education Authorities. Appointment Without Approval Under Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 is Void Ab Initio.

The petitioner, Smt. Anupama Kishor Khanolkar, was appointed as an Assistant Teacher in respondent no.2 school on 12th June 1989. In July 1994, a vaca...

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Bombay High Court Upholds Termination of Temporary Employee for Fraudulent Appointment. Appointment obtained by suppressing material facts and producing forged documents is void ab initio, and the employee is not entitled to reinstatement or back wages.

The case involves three writ petitions arising from a dispute over the appointment of a teacher in a private aided school. The first petition was file...

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Bombay High Court Quashes No-Confidence Motion Against Sarpanch Due to Invalid Votes by Resigned Members. Resignation of Grampanchayat Members Takes Effect Immediately Under Section 35(3A) of Maharashtra Village Panchayat Act, 1959, Rendering Their Participation in No-Confidence Motion Void.

The petitioner, Manjulabai Govind Dhumal, was the Sarpanch of Grampanchayat Kantekur, Taluka Omerga, District Osmanabad. The Grampanchayat consisted o...