(1)
NATIONAL INSURANCE COMPANY LIMITED .....Appellant Vs.
CHAMUNDESWARI AND OTHERS .....Respondent D.D
01/10/2021
Motor Accident – Negligence and Liability – High Court overturned Tribunal's finding of contributory negligence – Evidence from witnesses (PW-1 and PW-3) indicated Eicher van took sudden right turn without signal – High Court's reliance on witness evidence over First Information Report justified – Accident due to negligence of Eicher van driver affirmed [Paras...
(2)
CHANDRA @ CHANDA @ CHANDRARAM AND ANOTHER .....Appellant Vs.
MUKESH KUMAR YADAV AND OTHERS .....Respondent D.D
01/10/2021
Loss of Dependency – Enhancement of Compensation – Deceased was a driver with a heavy vehicle driving license – Tribunal adopted minimum wage for skilled labor to compute income – High Court's dismissal of appeal without considering evidence and grounds raised by appellants – Income assessment based on minimum wage not justified – Oral evidence of deceased...
(3)
KORUKONDA CHALAPATHI RAO AND ANOTHER .....Appellant Vs.
KORUKONDA ANNAPURNA SAMPATH KUMAR .....Respondent D.D
01/10/2021
Family Settlement – Admissibility of Unregistered Document – High Court held family settlement document inadmissible – Supreme Court found document recorded past transactions, did not create or extinguish rights in property – Held Khararunama as admissible for explaining arrangement made and conduct of parties – Document did not attract Section 17(1)(b) of the Registr...
(4)
UNITED INDIA INSURANCE CO. LIMITED .....Appellant Vs.
SUSHIL KUMAR GODARA .....Respondent D.D
30/09/2021
Insurance Law – Motor Vehicles – Expired Temporary Registration – The vehicle's temporary registration had expired before the theft – Driving or using a vehicle without valid registration constitutes a fundamental breach of the policy – Insurance claim for theft denied due to violation of Sections 39 and 192 of the Motor Vehicles Act, 1988 [Paras 10-13].
Consum...
(5)
UNION OF INDIA AND ANOTHER .....Appellant Vs.
ABHIRAM VERMA .....Respondent D.D
30/09/2021
Pension Law – Late Entrant – Regulation 15 of Pension Regulations, 1961 – Officer not eligible as "late entrant" – Resignation vs. Voluntary Retirement – Resignation does not qualify for pensionary benefits under Regulation 15 – Respondent's resignation based on lack of promotional prospects – No entitlement to relaxation under "late ent...
(6)
ANAPURNA JAISWAL .....Appellant Vs.
INDIAN OIL CORPORATION LIMITED AND OTHERS .....Respondent D.D
30/09/2021
Contract Law – Lease Agreement – Lease deed dated 08.11.2011 was the basis of the appellant's application for dealership – Lease to commence from the date of approval of the petrol pump – Lease deed considered a firm offer rather than an effective lease as of the application date [Paras 4-14].
Registration Act – Section 47 – Application – Registered...
(7)
RAJENDRA NAROTTAMDAS SHETH AND ANOTHER .....Appellant Vs.
CHANDRA PRAKASH JAIN AND ANOTHER .....Respondent D.D
30/09/2021
Insolvency Law – Limitation – Application under Section 7 of the Insolvency and Bankruptcy Code – Burden of proving the occurrence of default and the application within the limitation period is on the financial creditor – Adjudicating Authority can consider material from both financial creditor and corporate debtor – Application not barred by limitation if there is ac...
(8)
PLACIDO FRANCISCO PINTO (D) BY LRS AND ANOTHER .....Appellant Vs.
JOSE FRANCISCO PINTO AND ANOTHER .....Respondent D.D
30/09/2021
Evidence Law – Exclusion of Oral Evidence – Oral evidence to contradict written agreements is generally excluded – Exception exists when the document is alleged to be a sham transaction – No evidence of fraud, intimidation, illegality, or failure of consideration was present to permit oral evidence against the sale deed – Findings of the First Appellate Court and High...
(9)
STATE BANK OF INDIA AND OTHERS .....Appellant Vs.
C.K. KARUNAKARAN .....Respondent D.D
30/09/2021
Service Law – Promotion – Respondent's promotion withheld due to disciplinary action leading to 'censure' – Bank’s rules specify 'censure' as a minor penalty – Adoption of sealed cover procedure for respondent’s promotion due to pending disciplinary action – Supreme Court held that promotion recommendations in a sealed cover cannot be e...