Ningamma and another v. United India Insurance Co. Ltd., 2009 (13) SCC 710
Representing Advocates:
Vinod Chaudhri for the appellant
Insurance Law – Personal Accident Cover – Definition of Owner-Driver – Borrower of Vehicle – Tribunal awarded PAC compensation to borrower of a motorcycle – Held, term ‘owner-driver’ under GR-36 restricts PAC to the registered owner holding an effective driving license – Representative or borrower not covered – Tribunal’s award set aside,...
Civil Procedure – Second Appeal – Temporary Injunction – Land Grabbing – Appellants alleged possession over property acquired by Improvement Trust – Suit filed 17 years ago seeking injunction based on manipulated records – Held, discretionary relief of injunction rightly declined due to manipulation and illegal possession – Trust allowed to remove appellan...
Hindu Marriage Act – Divorce – Cruelty and Desertion – Petition for dissolution of marriage filed by husband alleging wife left matrimonial home leaving three minor children and filed false criminal charges against him – Trial Court dismissed petition – Held, wife's allegations under Sections 498-A, 406, and 506 IPC found baseless – False criminal charges an...
Police Service – Discharge During Probation – Absence from Duty – Respondent, a probationary police constable, discharged from service for unauthorized absences and habitual absenteeism under Rule 12.21 – Trial Court dismissed respondent's suit challenging discharge, but Additional District Judge set aside discharge for lack of regular inquiry – Held, Rule 12.21 a...
Service Law – Termination Without Enquiry – Lecturer – Petitioner, a lecturer in Military Science, was terminated by the college management for alleged willful long absence from duty – Termination order passed without conducting a regular departmental enquiry – Management argued no enquiry needed as termination was during probation period – Held, termination sti...
Land Law – Re-determination of Surplus Land – Death of Landowner – Petitioners challenged the orders declaring surplus land under the 1953 Act – Original landowner Chandgi's land declared surplus in 1959 – Financial Commissioner set aside the 1959 order and remanded the case – Allotments made in 1976 set aside by High Court – Fresh determination of sur...
Civil Procedure – Second Appeal – Evidence Act – General Power of Attorney – Trial Court upheld the validity of the GPA and sale deed executed by GPA holder Rajinder Pal Singh, dismissing the suit – First Appellate Court reversed the decision, interpreting GPA as limited to management purposes only – Held, First Appellate Court's finding contrary to evidence...
Service Law – Dismissal of Tehsildar – Proportionality of Punishment – Petitioner, a Tehsildar, dismissed for sanctioning mutation of provincial corpus land to a Church without corruption allegations – Disciplinary proceedings questioned for delay and lack of bribe or corrupt practice charges – Held, dismissal excessive, lacked evidence of financial loss to Government...
Education Law – Bond Requirement – Return of Certificates – Petitioner gained admission in MD course in Physiology under the All India Quota and later secured admission in another institution – Government College, Patiala, refused to return original certificates, demanding ₹15 lakhs as per bond – Held, bond requirement for All India Quota students not stipulated in ...