Harminder Singh(D) Thr. Lrs. Vs Surjit Kaur(D) Thr. Lrs. (Supreme Court of India) Transfer of Property Act, 1882; Section 62 – Usufructuary Mortgage – Once a usufructuary mortgage is created, the mortgagor has a right to redeem the mortgage at any point of time on the principle that once a mortgage always a mortgage. FULL […]
SC held that It is duty of insurance company to communicate details of terms and conditions of insurance policy to the beneficiaries of insurance.
State of Odisha & Ors. Etc. Vs Sulekh Chandra Pradhan Etc. (Supreme Court of India) In this case Perusal of the sub-rule (1) of Rule 5 of the Odisha Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 would show that the Secretary of the […]
It will be necessary that sufficient material on medical evidence should be available before the adjudicating authority to arrive at a conclusion that the death is due to medical negligence. Even death of a patient cannot, on the face of it, be considered to be medical negligence.
Mahesh Kumar Kejriwal Vs Bhanuj Jindal (Supreme Court of India) Learned counsel for the petitioner has attempted his best to persuade us to interfere with the orders impugned, whereby the petitioners’ prayer for exemption altogether from appearance in the case pertaining to the offence under Section 138 of the Negotiable Instruments Act, 1881 has not […]
Balram Garg Vs Securities And Exchange Board of India (Supreme Court of India) Facts- P. Chand Jeweller Pvt. Ltd. was incorporated on April 13, 2005 under the Companies Act, 1956 as a Private Limited Company. However, pursuant to a resolution passed by the shareholders on July 5, 2011, the company was converted into a Public Limited […]
The damages awarded against the appellant may have gone beyond the actual loss suffered by the respondent and may not represent the actual loss suffered by him in monetary terms. But the provision of Section 14 of the 1986 Act permits awarding punitive damages.
Union Of India & Ors. Vs Willowood Chemicals Pvt. Ltd. (Supreme Court of India) Facts- M/s. Willowood Chemicals Pvt. Ltd. submitting that said Writ Petitioner was entitled on the basis of Section 16 of the IGST Act read with Section 54 of the CGST Act for compensation in receipt of delayed payment as detailed in […]
Trial Court and the first appellate Court concluded that the Will was true and valid and that there were no suspicious circumstances. Held that the absolute owner of a property is entitled even to bequeath his properties in favour of strangers.
Wipro Finance Ltd. Vs CIT (Supreme court of India) Facts- The appellant submitted ROI on 29.11.1997 for the A.Y. 1997-1998, mentioning loss of income, amongst others, owing to exchange fluctuation of Rs. 1,10,53,909/. After processing the return u/s. 143(1)(a), the assessment was completed on 16.3.2000. As against the loss declared by the appellant due to exchange […]
