Insurance claim -- Burglary and House Breaking (Business Premises) Policy - Exclusion clause - Repudiation - There was neither house breaking or a theft following upon forcible or violent entry or exit from the premises - Variation in the stocks was discovered much later than the occurrence of the incident, when the audit of stocks were conducted resulting in belated..........
Agreement to sell -- Specific performance - Trial Court dismissed suit by holding that property belongs to Gram panchayat and as such decree for specific performance cannot be granted - Appellate Court reversed the finding of trial Court on the basis of statement made by co-owner where he admitted execution of agreement to sell in favour of plaintiff and payment of due..........
Constitution of India, 1950, Article 311 -- Departmental enquiry - Punishment - Dismissal - Petitioner an impostor and secured entry in the Govt. service by impersonation and fraudulent manner - He played fraud in connivance with his brother which is established in departmental inquiry - Petitioner not even entitled to protection under Article 311 - It is only the genuine..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Denial of relationship of landlord and tenant - Proof of rent deed - Stamp paper on which rent deed executed proved to be sold to some other person other than the tenant - Stamp paper sold consisted of three leaves but first leave not produced - Son of deceased deed writer appeared as a..........
Juvenile Justice (Care and Protection of Children) Act, 2000 -- Juvenile - Plea taken for the first time in Supreme Court - Held, that this plea cannot be taken at this stage as question of age of appellants is a question of fact on which evidence, cross examination is required - If plea of Juvenility is not raised before trial Court or High Court and is raised for the..........
Constitution of India, 1950, Article 14 -- Classification - Pay scales - Parity of pay scales - W.e.f. 3.7.1980 the post of Auction Recorder made promotional post and the other posts became feeder cadre posts although initially before the fixed date of 3.7.1980 all the categories including that of Auction Recorders form the entry level posts - The classification founded on..........
Notaries Public Rules, 1956, Rule 11(2) -- Notarized document - Proof of execution - In absence of producing of notarial register wherein entry of notarization was made there is no proof of execution of document before him...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 20(b)(ii), 8C -- Provision of S.42(1) and 42(2) is mandatory in nature - Recovery of charas on secret information - Entry in Rojnamcha not in compliance of S.42(1) of the Act because reasons that offence has been committed not mentioned - No separate panchnama for compliance of S.42(1) and 42(2) prepared -..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(v) -- Ceased to occupy - Continuously for four months - Electricity connection remained disconnected during this period - Evidence of meter reader that shop was found closed - Only one entry of deposit of money in Bank account - Fact that electricity connection was restored subsequently and sons of..........
Will -- Suspicious circumstances - Register produced by scribe containing an entry that Will was executed on 28.10.1973 - Next entry appearing after a gap of six months and last entry is dated 29.05.1975 - Entry in scribes register records one Kartar Singh as an attesting witness followed by 'Bakalam Khud' i.e. signed in his own hand - However, neither the register nor the..........
