No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Law of Limitation Binds All Equally, Including the State: Allahabad High Court Dismisses Review Petition with 5743 Days’ Delay Once Selected, All Are Equals: Allahabad High Court Slams State for Withholding Pay Protection From Later Batches of Ex-Servicemen Constables Non-Compliance With Section 42 of NDPS Act Is Fatal to Prosecution: Punjab & Haryana High Court Acquits Two Accused In 160 Kg Poppy Husk Case Unregistered Agreement Creating Right of Way Inadmissible in Evidence: Punjab & Haryana High Court Summary Decree in Partition Suit Denied: Unequivocal Admissions Absent, Full Trial Necessary: Delhi High Court No Court Can Allow Itself to Be Used as an Instrument of Fraud: Delhi High Court Exposes Forged Writ Petition Filed in Name of Unaware Citizen "Deliberate Wage Splitting to Evade Provident Fund Dues Is Illegal": Bombay High Court Restores PF Authority's 7A Order Against Saket College and Centrum Direct Identification Vitiated, Diamonds Not Produced, Last Seen Theory Unreliable: Bombay High Court Acquits Two in 2011 Diamond Courier Murder Deposit of ₹5100 Crores Brings Quietus to Entire Criminal Web of Proceedings: Supreme Court Exercises Extraordinary Powers to Quash All Cases Against Hemant Hathi in Landmark Settlement-Driven Order Presumption Under Section 139 Can't Be Rebutted Pre-Trial: Supreme Court Restores Cheque Bounce Complaint Quashed By Patna High Court Supreme Court Invokes Article 142 to End Discrimination Against Ad-Hoc Employees in Allahabad High Court: Orders Reinstatement and Regularization Supreme Court Declares CSR a Constitutional Duty to Protect Environment: Orders Undergrounding of Powerlines in Great Indian Bustard Habitat A Minor’s Sole Testimony, If Credible, Is Sufficient for Conviction: Supreme Court Upholds Child Trafficking Conviction Under IPC and ITPA You Can’t Invent Disqualifications After the Bid: Supreme Court Holds Joint Venture Experience Can’t Be Ignored in Tenders High Court Can't Re-Appreciate Evidence or Rewrite Contract to Set Aside Arbitral Award: Supreme Court Reinstates Award Under Quantum Meruit Once Arbitration Invoked, Criminal Prosecution Cannot Be Weaponised in Civil Disputes: Supreme Court Quashes FIR Against Former Director in Rent Row Section 319 CrPC | Pursuing Legal Remedies in Higher Forums Is Not ‘Evasion of Trial’; Custody Not Required for Summoned Accused: Supreme Court Order 21 Rule 90 CPC | Undervaluation or Procedural Lapses Constitute ‘Material Irregularity’, Not ‘Fraud’; Separate Suit to Bypass Limitation Impermissible: Supreme Court Order 21 CPC | Separate Suit Challenging Auction Sale Barred for Pendente Lite Transferees; Remedy Lies in Execution Proceedings: Supreme Court Non-Signatories Cannot Force Arbitration: Supreme Court Blocks Claim by Sub-Contractor Against HPCL Resignation Forfeits Pension Rights, But Gratuity Is Statutory: Supreme Court Partly Allows Appeal of DTC Employee’s Legal Heirs Appellate Courts Can’t Blanket-Exempt Convicted Directors from Deposit under NI Act Merely Because Company Wound Up: Supreme Court Refers Interpretation of Section 148 to Larger Bench Inordinate Delay Cannot Be Condoned Without Reasons: Supreme Court Slams Madhya Pradesh High Court for Casual Approach in Condoning 1612 Days’ Delay Constitutional Rights & Witness Protection | State Authorities Cannot Victimise Litigants for Approaching Court: Supreme Court Review Jurisdiction is Not an Appeal in Disguise: Supreme Court Dismisses Konkan Railway’s Plea Over Employee’s Resignation Withdrawal Agreement to Sell Does Not Create Any Right in Property, Hence No Right to Compensation on Acquisition: Allahabad High Court Sexual Harassment Complaint Can Be Inquired by ICC at Woman’s Workplace Even if Accused Works Elsewhere: Supreme Court Settles Jurisdiction Under POSH Act Mandate Expired, Arbitrator Functus Officio: Supreme Court Orders Substitution After Delay in Arbitral Award

(1) COLLECTOR OF CUSTOMS AND CENTRAL EXCISE, GUNTUR ........ Vs. M/S. SURENDRA COTTON OIL MILLS AND FERT. CO. ETC. ETC. .......Respondent D.D 15/12/2000

Facts: The case concerns a batch of appeals challenging a Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) decision regarding the classification of products like de-oiled rice bran extraction, higher seed extraction of tapioca chips, and sesame seed extractions as animal feed.Issues:Whether these products, used as ingredients in animal feed, qualify as "animal feed" themselv...

REPORTABLE # C.A. NO'S. 3732-3760 AND 3762-3774 OF 1989 C.A. NO'S. 1685-1691 OF 1997 COLLECTOR OF CUSTOMS AND CENTRAL EXCISE, GUNTUR ........ Docid 2000 LEJ Civil SC 557036

(2) INDERJEET KAUR ........ Vs. NIRPAL SINGH ........Respondent D.D 15/12/2000

Facts:The landlord (Nirpal Singh) filed an eviction petition against the tenant (Inderjeet Kaur) under Clause (e) of the proviso to Section 14(1) of the Delhi Rent Control Act, 1958, claiming that he needed the premises for his residence and for the residence of his family members dependent on him.The tenant filed an application supported by an affidavit seeking leave to contest the eviction appli...

REPORTABLE # C.A. NO. 7385 OF 2000 ARISING OUT OF S.L.P. (C) NO. 554 OF 2000 Docid 2000 LEJ Civil SC 384607

(3) IN RE: S.K. SUNDARAM Vs. UOI ........Responden D.D 15/12/2000

Facts:S.K. Sundaram, Advocate, sent a telegraphic communication to Dr. Justice A.S. Anand, the Chief Justice of India, on 3.11.2000, demanding his resignation from the office.Within three days, Sundaram filed a criminal complaint in which he accused the Chief Justice of India of usurping the office, traveling abroad, making appointments, and causing financial losses.The Supreme Court took suo motu...

REPORTABLE # SUO MOTU CONT.P. (CRIMINAL) NO. 5 OF 2000 Docid 2000 LEJ Crim SC 928037

(4) KARNATAKA POWER TRANSMISSION CORPORATION LTD. AND ANOTHER ........ Vs. THE AMALGAMATED ELECTRICITY CO. LTD. AND OTHERS ........Respondent D.D 15/12/2000

Facts:The dispute originated in 1971 when there were labor issues between the workers and the Amalgamated Electricity Co. Ltd.An Industrial Tribunal passed an award in 1987, concluding that there was no lockout as claimed by the workers.In 1974, the management of Amalgamated Electricity Company Ltd. was taken over by the Karnataka Electricity Board, including its assets and liabilities.In 1991, a ...

REPORTABLE # C.A. NO'S. 1808-1810 OF 2000 Docid 2000 LEJ Civil SC 473374

(5) PURAN CHAND (D) THROUGH LRS. AND OTHERS ........ Vs. KIRPAL SINGH (D) AND OTHERS ........Respondent D.D 15/12/2000

Facts:The dispute involves agricultural land in Patiala district, initially owned by Raunaq Ram and later mortgaged to Amar Singh, who subsequently sold his interest to Labhu Ram.Labhu Ram, as the mortgagee, created a tenancy on the land by inducting Bir Singh as a tenant.After Labhu Ram's death, his son Sat Pal inherited the mortgage rights and later transferred them to respondents 1 and 2.B...

REPORTABLE # C.A. NO. 8395 OF 1983 Docid 2000 LEJ Civil SC 255420

(6) RAJASTHAN HIGH COURT ADVOCATES ASSOCIATION ........ Vs. UNION OF INDIA AND OTHERS ........Respondent D.D 15/12/2000

Facts: The case involves the establishment of a permanent Bench of the Rajasthan High Court at Jaipur following the creation of the State of Rajasthan in 1956. Various orders were issued, including one by the Chief Justice, defining territorial jurisdiction between the principal seat in Jodhpur and the permanent Bench in Jaipur. The challenge in this case focused on the validity of these orders an...

REPORTABLE # C.A. NO. 16698 OF 1996 Docid 2000 LEJ Civil SC 239851

(7) ORIENTAL INSURANCE CO. LTD. ........ Vs. CHERUVAKKARA NAFEESSU AND OTHERS ........Respondent Sections, Acts, Rules, and Articles Mentioned: Section 95(1)(b), Section 96: Motor Vehicles Act, 1939 Section 174: Motor Vehicles Act, 1988 Subject: The extent of liability of an insurance company towards third parties under Section 95(1)(b) of the Motor Vehicles Act, 1939, and the rights of the insurance company in case of payment exceeding the limits of liability under the insurance policy. Headnotes: Facts: The case involves a claim petition filed by the legal heirs of C. Abdul Shukkoor, who died in a road accident. The accident was caused by an auto-rickshaw insured with the appellant insurance company. The claimants sought compensation of Rs. 2 lakhs, while the insurance company argued that its liability was limited to Rs. 50,000 under the insurance policy. Issues: What is the extent of liability of an insurance company under Section 95(1)(b) of the Motor Vehicles Act, 1939? What are the rights of the insurance company if it is required to pay an amount exceeding the policy's liability limit? Held: The insurance policy in this case had a limit of liability of Rs. 50,000 for each claim. However, the policy included an avoidance clause that did not affect the rights of third parties to recover under Section 96 of the Act. The court held that the conditions in the insurance policy were effective only between the insured and the insurance company. Third parties' rights to recover under Section 96 of the Act were not affected by these conditions. The court allowed the appeal and held that the insurance company was liable to pay the entire award amount to the claimants. However, the insurance company had the right to recover the excess amount paid from the insured through execution of the award under Section 174 of the Motor Vehicles Act, 1988. Referred Cases: Amrit Lal Sood and Another Vs. Smt. Kaushalya Devi Thapar and Others, (1998) 1 ACC 332 : (1998) ACJ 531 : (1998) 4 AD 23 : AIR 1998 SC 1433 : (1998) 92 CompCas 305 : (1998) 2 JT 484 : (1998) 119 PLR 665 : (1998) 2 SCALE 344 : (1998) 3 SCC 744 : (1998) 2 SCR 284 : (1998) AIRSCW 1327 : (1998) 3 Supreme 10 New Asiatic Insurance Co. Ltd. Vs. Pessumal Dhanamal Aswani and Others, AIR 1964 SC 1736 : (1964) 7 SCR 867 New India Assurance Co. Ltd. Vs. Smt. Shanti Bai and others, (1995) 1 ACC 667 : (1995) ACJ 470 : AIR 1995 SC 1113 : (1995) 83 CompLJ 71 : (1991) 3 Crimes 418 : (1995) 2 JT 95 : (1995) 110 PLR 102 : (1995) 1 SCALE 472 : (1995) 2 SCC 539 : (1995) 1 SCR 871 : (1995) 1 UJ 482 National Insurance Co. Ltd., New Delhi Vs. Jugal Kishore and Others, (1988) 1 ACC 327 : (1988) ACJ 270 : AIR 1988 SC 719 : (1988) 63 CompCas 847 : (1988) 1 JT 265 : (1988) 94 PLR 128 : (1988) 1 SCALE 268 : (1988) 1 SCC 626 : (1988) 2 SCR 910 JUDGMENT R.P. Sethi, J. —Leave granted. 2. What is the extent of liability of an insurance company towards the third party as per Section 95(1)(b) of Motor Vehicles Act, 1939 (hereinafter called "the Act") and what are its rights in case of payment of an amount in excess of the limits of the liability under the insurance policy vis-a-vis the insured, are the questions to be determined in this appeal. It has been argued on behalf of the insurance company that under the terms of the insurance policy in the instant case, the company was not liable to pay more than Rs. 50,000/-, being the limit of its liability. The excess amount of the Award was to be paid by the insured for which the Tribunal was not competent to issue directions against the appellant-company. On the other hand Counsel for the insured has submitted that as per avoidance clause in the insurance company, the appellant-company was liable to indemnify the whole extent of liability towards the claim notwithstanding the limit of liability of the insurance. 3. In this case the claim petition was filed by the legal heirs of C. Abdul Shukkoor, who died in a road accident on 6.7.1988. The accident was caused by an auto-rickshaw bearing Registration No.KRN 1859 which was insured with the appellant-company. The respondents claimed Rs. 2 lakes as compensation. The appellant-company filed their reply specifically standing therein that their liability was limited to Rs. 50,000/- under the policy of insurance. The Claims Tribunal passed an award of Rs. 1,94,150/- and fastened the entire liability on the appellant-company. The appeal filed against the order of the Claims Tribunal was dismissed vide the judgment impugned in this appeal. 4. Admittedly, the insurance policy, in this case is of a date prior to the coming into force of the new Motor Vehicles Act on 1.7.1989. The liability of the insurance company to satisfy judgments against persons insured in respect of the third party risk is covered u/s 96 of the Act, Sub-section (1) of which provides: 96. Duty of insurers to satisfy judgments against persons insured in respect of third party risks (1) if, after a certificate of insurance has been issued under Sub-section (4) of Section 95 in favour of the person by whom a policy has been effected, judgment in respect of any such liability as is required to be covered by a policy under Clause (b) of Sub-section (1) of Section 95(being a liability covered by the terms of the policy) is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this D.D 14/12/2000

Facts:The case involves a claim petition filed by the legal heirs of C. Abdul Shukkoor, who died in a road accident.The accident was caused by an auto-rickshaw insured with the appellant insurance company.The claimants sought compensation of Rs. 2 lakhs, while the insurance company argued that its liability was limited to Rs. 50,000 under the insurance policy.Issues:What is the extent of liability...

REPORTABLE # C.A. NO. 7359 OF 2000 ARISING OUT OF SLP (C) NO. 7099 OF 2000 Docid 2000 LEJ Civil SC 887887

(8) HOUSING AND URBAN DEVELOPMENT CORPORATION LTD. ........ Vs. M.C.D. AND ANOTHER ........Respondent D.D 13/12/2000

Facts: This case pertains to Civil Appeal No. 6645 of 1999 in the Supreme Court of India. The appellant, Housing and Urban Development Corporation Ltd., filed the appeal against the Municipal Corporation of Delhi (M.C.D.) and another party. The appeal was heard by a bench consisting of U. C. Banerjee, J; Brijesh Kumar, J; B. N. Kirpal, J. After considering arguments from both sides, the court foun...

REPORTABLE # CIVIL APPEAL NO. 6645 OF 1999 HOUSING AND URBAN DEVELOPMENT CORPORATION LTD. ........ Docid 2000 LEJ Civil SC 755707

(9) LIFE INSURANCE CORPORATION OF INDIA AND OTHERS ........ Vs. SMT. ASHA GOEL AND ANOTHER ........Respondent D.D 13/12/2000

Facts:Late Naval Kishore Goel, a policyholder, had a life insurance policy with Life Insurance Corporation of India (LIC). After his demise, his wife, Smt. Asha Goel, filed a claim under the policy. LIC refused the claim, alleging that Naval Kishore Goel had provided false information about his health when taking out the policy.Issues:Whether the High Court had jurisdiction under Article 226 of th...

REPORTABLE # C.A. NO'S. 4186-87 OF 1988 LIFE INSURANCE CORPORATION OF INDIA AND OTHERS ........ Docid 2000 LEJ Civil SC 289876