Insurance – Theft Claim – Burden of Proof – Complainant claimed loss of ₹25,49,120 due to theft of watches and stock – Surveyor assessed loss at ₹34,723 based on available records – Complainant failed to maintain stock register or produce authenticated list of stolen items – Calculation sheet merely reflected book entries without independent verification &nd...
Service Law - Departmental Enquiry – Charge of Forgery – Fabrication of Medical Certificate – Appellant dismissed for allegedly submitting fabricated medical certificate to justify absence – Doctor admitted that appellant consulted him and received tablets – Letterhead and rubber stamp belonged to doctor – Disputed and undisputed signatures not conclusively comp...
Civil Law - Order 7 Rule 11 CPC – Scope – At stage of deciding application under Order VII Rule 11(d), Court must confine itself to averments in plaint and documents filed therewith – Defence or written statement cannot be looked into – If plaint discloses triable issues, rejection impermissible – Suit cannot be dismissed on disputed questions of fact [Paras 17-19].
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Motor Accident Compensation – Multiplier – Age of Deceased – Deceased aged 55 years 3 months at time of accident – Insurer contended multiplier should be 9 instead of 11 – Held, as per Sarla Verma read with Reshma Kumari and affirmed in Pranay Sethi, multiplier for age group 51–55 years is 11 and for 56–60 years is 9 – Since deceased fell within 51&n...
Trade Mark Law – Section 124 Trade Marks Act – Mandatory Stay of Infringement Suit – Defendants sought stay of suit and time to initiate rectification proceedings challenging validity of plaintiff’s registered trade mark – Trial Court framed additional issue on validity but refused stay – Held: Once plea of invalidity of registered trade mark is found prima faci...
Civil Suit – Declaration of Title – Burden of Proof on Plaintiff – Plaintiff sought declaration of title and injunction for Ac.0.73 cents in Sy.No.106/6 – In a suit for declaration, plaintiff must succeed on strength of his own title and not on weakness of defendants’ case – Failure to establish valid title to entire extent claimed fatal to suit [Paras 15–...
SARFAESI Act – Bar of Civil Court Jurisdiction – Section 34 – Suit filed by subsequent purchaser seeking declaration of title and injunction against secured creditor – Bank had already taken measures under Section 13(4) and obtained order under Section 14 SARFAESI Act – Held, where cause of action arises out of measures taken under Section 13(4), jurisdiction of civil...
Contract – Oral Agreement – Commission Claim – Proof of Concluded Contract – Suit for recovery of commission alleging oral agreement from 1986 to pay 5% commission on all sales of chemical products – Defendant contended arrangement was only ad-hoc and temporary – Correspondence revealed insistence by defendant for execution of written contract which plaintiff re...
Consumer Protection – Bank Locker Theft – Deficiency in Service – Strong room found non-compliant with updated safety standards – Wall only 5 inches thick – No embedded reinforcement as per norms – Non-functional alarm and CCTV – No effective security guard – Police investigation revealed serious security lapses – Held: Gross negligence and def...
Service Law - Payment of Gratuity Act – Definition of “Employee” – Exclusion Clause – Section 2(e) – Employees holding civil posts under Central Government and governed by CCS (Pension) Rules, 1972 claimed gratuity under PG Act – Held: Exclusionary limb of Section 2(e) expressly excludes persons holding posts under Central Government and governed by any ot...