Showing : 181-190 of 274 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Motor Vehicles Act, 1988, Section 173, 149(2), Constitution of India, 1950, Article 226, 227, Civil Procedure Code, 1908, Section 115-- Insurer - Writ petition challenging award of interest for a specific period - Not maintainable as Insurer has a remedy to file appeal against the award of Tribunal on available defences envisaged under the statute...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Motor Vehicles Act, 1988, Section 173, 149(2), Constitution of India, 1950, Article 226, 227, Civil Procedure Code, 1908, Section 115-- Insurer - Writ petition challenging award of interest for a specific period - Not maintainable as Insurer has a remedy to file appeal against the award of Tribunal on available defences envisaged under the statute...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Rendition of accounts-- Suit by contractor engaged to execute a particular work, for accounts against employer in regard to payment for the work done - Held, suit is not maintainable - A contract who is engaged to execute a work, is expected to maintain his own accounts - Merely because measurement book is maintained by..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Rendition of accounts-- Suit is maintainable if person suing has a right to receive an account from the defendant - Such a right can either be (a) created or recognized under a statute; or (b) based on the fiduciary relationship between the parties as in the case of a beneficiary and a trustee, or (c) claimed in equity..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Representation of the Peoples Act, 1951, Section 83, 100, 123-- Election petition - Issue of maintainability - Corrupt practices - Alleged material facts of corrupt practice adopted by the respondents set out in the petition with full particulars that a Gazetted Officer of Class 1 in the Government of Punjab assisted the respondents by doing several acts and..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Service-- Working for more than 240 days in a year - Writ petition is not maintainable when claim of service of more than 240 days in a year is raised - As it is a disputed question of fact and proper remedy is making such a claim in an industrial disputed under the Industrial Disputes Act so that evidence..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Constitution of India, 1950, Article 226, Industrial Disputes Act, 1947, Section 25F-- Claim of working for more than 240 days in a year - Writ petition - Not maintainable as it is a disputed question of fact - Proper remedy is to raise an industrial dispute under the Industrial Disputes Act...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 34, Limitation Act, 1963, Article 61-- Mortgage - Purchaser of equity of redemption - Original owner mortgaged suit property and mortgagee put in possession - Original owner sold 67 cents from the suit property to plaintiff by a registered sale deed with a recital that there is a mortgage and plaintiff had thus purchased the equity of..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Constitution of India, 1950, Article 226-- Writ petition - Not maintainable where a complicated question of fact is involved and matter requires thorough proof on factual aspects...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Constitution of India, 1950, Article 226-- Writ petition - Not maintainable where remedy is of breach of contract and more so when factual disputes are involved...........

Showing : 181-190 of 274 Results