Tender – Disqualification of Bid – Solvency Certificate – Clause 18 of NIT – Appellant’s technical bid rejected by Krishi Utpadan Mandi Parishad as “haisiyat praman patra” (solvency certificate) was issued by a private architect rather than District Magistrate – NIT did not specify that certificate must be issued by the District Magistrate – He...
Insurance Law – Life Insurance – Suppression of Material Facts – Section 45 Insurance Act – Appellant’s husband obtained life insurance and died within six months of issuance – Claim repudiated by LIC alleging non-disclosure of diabetes, hypertension, and chronic renal failure – Trial Court decreed suit holding LIC failed to prove suppression – Appel...
Civil Procedure Code – Rejection of Plaint – Cause of Action – Partition Suit Filed Without Challenging Gift Deed – Maintainability – Respondent (Plaintiff) filed suit for partition and possession without seeking declaration challenging the registered gift deed dated 02.12.2014 – Trial Court rejected plaint under Order 7 Rule 11(a) CPC, holding absence of cause ...
Contempt of Court – Fraud on Court – Forgery – Abuse of Judicial Process – Husband of the appellant impersonated her and filed writ petition and writ appeal using forged signatures without her knowledge – Interim orders obtained based on misrepresentation – Court held this to be a gross abuse of process amounting to criminal contempt – Directed initiation ...
Tenancy – Eviction – Bona Fide Requirement – Greater Hardship – Landlord's Requirement Upheld – Section 16(1)(g) Maharashtra Rent Control Act – Landlord pleaded bona fide requirement of tenanted room for personal residential use due to growing family and marriage of son – Defendants had purchased alternate house in Bhusawal and were not residing in sui...
Arbitration – Ineligibility of Arbitrators – Section 12(5) read with Seventh Schedule – Tribunal comprising employees of respondent declared void ab initio – Held: Clause 64(7) of GCC provides for applicability of Arbitration Act, 1996 and statutory modifications – Conduct of both parties invoking amended provisions, including Section 33, shows implied agreement to ap...
PIL - Excise Law – Location of Liquor Shops – Residential Colony – Petition filed in public interest challenging the establishment of liquor shops allegedly within prohibited distance from residential areas and a temple – Petitioners relied on rent receipts from Labour Department and maps to claim status of colony as “residential” under Rule 5(4)(a) of U.P. Exci...
Insurance Law – Motor Accident – Personal Accident Cover – Deceased had purchased the insured vehicle and applied for ownership transfer on the same day – Fatal accident occurred before the registration certificate was formally updated – Insurer repudiated the claim citing absence of policy endorsement and privity of contract – Insurance Ombudsman upheld the rep...
Motor Accident Claim – Fatal Accident – Final-Year Medical Student – Future Prospects – Assessment of Deemed Income – Enhanced Compensation Awarded – Deceased was a final-year MBBS student killed in a bus accident – Tribunal awarded compensation of ₹54,80,000 on notional income of ₹35,000 per month with 50% future prospects and multiplier M-17 – ...
Family Law – Divorce Proceedings – Jurisdiction – Overseas Citizens – F.C.O.P. filed by respondent-husband in India seeking divorce on grounds of cruelty – Petitioner-wife contended both parties are US citizens and have only temporarily resided in India – High Court held: Citizenship alone does not bar filing of matrimonial proceedings in India – If partie...