Consumer Protection – Motor Insurance Claim – Alleged Breach of Policy – Intoxication of Driver – Insurer repudiated claim alleging 98.33 mg% alcohol in driver’s blood beyond statutory limit under Section 185 MV Act – Insurer failed to prove FSL report, medical certificate, police report or investigator’s report by filing affidavits of their authors under ...
Banking Law – Fraud Classification – RBI Master Directions – Declaration of account as “Fraud” during pendency of writ petition – Petitioners challenged show cause notices dated 28-02-2025 alleging non-supply of Forensic Audit Reports and relied upon documents – During pendency and after conclusion of hearing, bank issued letters dated 15-01-2026 declaring...
Environmental Law – Encroachment on Reserved Forest – Constitutional Obligation of State – Large-scale encroachments in Reserved Forests in Assam – State placed data showing 3,62,082.62 hectares under encroachment affecting 19.92% of forest area – Article 48A casts duty on State to protect and improve environment and safeguard forests – Article 51A(g) imposes du...
Civil Law – Rejection of Plaint – Order VII Rule 11 CPC – Scope and limitations – Suit filed challenging family partition deed dated 31.12.2018 (KBPP) on grounds of coercion, undue influence and misrepresentation and challenging document dated 02.01.2019 as fabricated conciliation award – Trial Court and High Court rejected plaint holding no cause of action and abuse ...
Partition – Joint Purchase by Husband and Wife – Half Share – Suit property purchased under registered sale deed in joint names of spouses – Defendant contended entire sale consideration paid by her and her mother and loan repaid by her – Held, Income Tax Returns of both parties (Exs.A8, A9, B2, B3) disclosed declaration of only half share each in property – No ...
Evidence Act – Secondary Evidence – Photocopy of Power of Attorney – Admissibility – Defendant relied on a notarised photocopy of Power of Attorney (Exh. B-2) to justify execution of registered sale deeds – Original Power of Attorney not produced – No foundational facts laid for loss or non-production of original – Mandatory requirements under Sections 63 ...
Senior Citizens Act – Section 23 – Annulment of Gift – Petitioner, 84-year-old senior citizen, executed gift deed in favour of daughters on assurance of care – Subsequent neglect pleaded – Authorities rejected application solely on ground that gift deed lacked express maintenance clause – Held, senior citizen made out case for invoking Section 23 – Transfe...
Partition Suit – Execution of Final Decree – Stamp Duty on Instrument of Partition – Objection by Judgment Debtor that final decree was insufficiently stamped as stamp duty was paid only in respect of one share – Contention that decree could not be executed unless stamp duty for entire property was paid – Executing Court held that stamp duty paid by decree-holder was ...
Service Tax – Legal Services by Advocate – Exemption – Individual advocate rendered legal services to partnership firm of advocates – Order-in-Original confirmed service tax demand on alleged mismatch between ITR and ST-3 returns – Held, in view of Notification No.25/2012-ST and Notification No.30/2012-ST, services provided by individual advocate to another advocate o...
Insurance Law – Weather Based Crop Insurance Scheme – Disclosure of Material Terms – Duty of Insurer – Claims under WBCIS repudiated on the ground that adverse weather parameters on 13.05.2012 did not meet prescribed trigger points – Farmers alleged that detailed terms of scheme including wind-speed and rainfall trigger points were never disclosed – Held: Contra...