Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Exclusive possession - In absence of documentary evidence, oral evidence regarding exclusive possession is not acceptable especially when suit property was inherited by plaintiff, defendant and other co-sharers equally after the death of their father - Possession of one co-sharer is considered to..........
Employee's State Insurance Act, 1948, Section 2(9),2(13),82(2) -- Employees State Insurance - The expression 'Employee' - Appellate jurisdiction - Held that the High Court while dealing with the appeals under Section 82(2) of the Act is required to analyse the factual position to see whether the definition of employee in terms of Section 2(9) of the Act applies to the..........
Consumer Protection Act, 1986, Section 2, 14 -- Insurance claim - Cash credit limit granted - Stocks in trade hypothecated - Bank debiting the amount of insurance to be paid for insurance cover - Fire broke out - Shop destroyed - Contract of insurance found to be existing between the parties - Claim arbitrarily rejected - Insurance company held to be deficient. Cases..........
Will -- Interpretation of - Whether confers limited or absolute estate on legatee - Question for determination - Whether dispositive words create in first instance absolute estate of inheritance and subsequent restrictive clauses sufficient to displace effect of such dispositive words or whether such subsequent clauses are merely repugnant to absolute estate - Will..........
