SC held Hindu Widow had pre-existing right to maintenance in suit property that had ripened into full ownership by virtue of Section 14(1) of Hindu Succession Act, 1956.
The MCI on the conduct of Respondent 1 leave no doubt in our mind that this is certainly a case of medical negligence leading to deficiency in his services. NCDRC, except referring to the general principles of law as laid down in the judgments of this Court has not attempted to draw its conclusion from the oral and documentary evidence available on record.
The short and interesting issue which arises in the present appeals is – whether conducting the arbitration proceedings at Delhi, owing to the appointment of a new arbitrator, would shift the ‘jurisdictional seat of arbitration’ from Panchkula in Haryana, the place fixed by the first arbitrator for the arbitration proceedings?
In view of the provisions of Section 14(1)(c) of the IBC, which have overriding effect over any other law, any action to foreclose, recover or enforce any security interest created by the Corporate Debtor in respect of its property including any action under the SARFAESI Act is prohibited. We are of the view that the appellant Bank could not have continued the proceedings under the SARFAESI Act once the CIRP was initiated and the moratorium was ordered.
It is common knowledge that the Insurance Companies in matter of Theft, Fire, Accident, Health Insurance Claims etc. shirk from their pecuniary liabilities on frivolous, hyper technical grounds but the Courts have univocally held that the claims cannot be rejected on technical grounds specially where there is delay in intimating Insurance Company or lodging delayed […]
The Government legislated the Negotiable Instrument Act in 1991 making cheque bounce a criminal offence. But the delay in disposal of cases frustrated the very spirit of the NI Act.
National Insurance Co. Ltd. Vs Anjana Shyam & Ors (Supreme Court of India) Supreme Court HELD THAT – ‘Insurance company can be made liable only in respect of the number of passengers for whom insurance can be taken under the Motor Vehicles Act and for whom insurance has been taken as a fact and not in […]
Gurmel Singh Vs Branch Manager National Insurance Co. Ltd. (Supreme Court of India) It is common knowledge that the Insurance Companies deny the genuine & lawful claims of the Insured on technical & flimsy grounds. Be it vehicle loss/accidental claims or health insurance claims or theft/fire claims, the insurance companies design ways/devices/ruse to fizzle out from their […]
New Delhi Municipal Council Vs Minosha India Limited (Supreme Court) Facts- The foremost question which falls for determination is that whether Section 60(6) of the IBC gives rise to a new lease of life to a proceeding at the instance of the corporate debtor on the basis of a moratorium which is put in place […]
Section 5(8)(d) includes only a finance or a capital lease, which is deemed, as such, under the Indian Accounting Standards. Section 5(8)(f) is a residuary and catch all provision. A lease, which is not a finance or a capital lease under Section 5(8)(d), may create a financial debt within the meaning of Section 5(8)(f), if, on its terms, the Court concludes that it is a transaction, under which, any amount is raised, having the commercial effect of the borrowing.
