Insurance contract – Deficiency in service – Home loan sanctioned on pre-condition of life insurance policy – Bank acting as an agent for insurance company – Premium accepted and retained after normal medical test results – Malafide actions by insurance company after death of insured – Ante-dated letter issued post death intimation – Refund of premium foll...
Land Acquisition Act 1894 – Section 4 – Acquisition of land – Compensation – Claimants not entitled to the same compensation as awarded for lands acquired after 5 years from the date of acquisition – High Court awarding compensation at Rs.297/- per sq. yard unsustainable – Compensation rate revised to Rs.120/- per sq. yard [Paras 1-6].
Decision &nda...
Land Acquisition Act 1894 – Section 4 – Acquisition of land – Compensation – Appellant challenging the imposition of liabilities for unpaid duty, penalty, and interest accrued before the acquisition of the Amroha sugar mill – Slump Sale Agreement clauses interpreted to distinguish between liabilities accruing before and after the signing date – High Court's ...
Land Acquisition Act 1894 – Section 4 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings – Twin conditions of not taking over possession and not tendering/paying the compensation are required to be satisfied – If one of the conditions is not satisfied the...
Land Acquisition Act 1894 – Section 4 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 – Section 24(2) – Lapse of acquisition proceedings – High Court's declaration of deemed lapse under Section 24(2) due to non-tendering of compensation found unsustainable – Acquisition proceedings do not lapse if p...
Land Acquisition Act 1894 – Section 4 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 – Section 24(2) – Lapse of land acquisition proceedings – High Court's declaration of deemed lapse under Section 24(2) due to non-tendering of compensation found unsustainable – Constitution Bench decision in Indor...
Motor Vehicles Act 1988 – Section 166 – Death in accident – Enhancement of compensation – High Court increased the level of income but did not address the issue in the correct perspective – Documentary evidence showed the deceased was cultivating 66 acres and entitled to a third of the value of produce from income of those agricultural lands – Income computed at...
Service Law - Regularization of Employment - Notification Applicability - Appeal challenging regularization of a part-time employee dismissed - Suit filed for regularization of services as Sweeper-cum-Chowkidar based on Haryana Government Notification dated 01.10.2003 - Both lower courts found the plaintiff eligible under the notification as he was appointed against a sanctioned post and served du...
Unaided Educational Institutions - Disciplinary Procedures - Judicial Review - Employment Termination
Unaided Educational Institutions - Disciplinary Procedures – Letters patent appeals concerning termination of employees from an unaided educational institution – Held: The Haryana School Education Rules, 2003, provide a detailed disciplinary procedure for unaided education...
Specific Relief – Suit for Specific Performance – Plaintiff’s Entitlement to Alternative Reliefs – The plaintiff, in a suit for specific performance, can seek alternative reliefs, including the refund of earnest money, provided such relief is specifically claimed in the plaint. The Court has discretion to permit amendment of the plaint at any stage to include such relief. F...