Policy decision -- Armed Forces Tribunal subject to High Court's jurisdiction u/art 226 of Constitution cannot be permitted by law to direct framing of policy by government...........
Service -- Promotion policy - Challenge as to - Challenging the basis of promotion after having participated in the process on consideration of promotion and having been declared unsuccessful thereunder is not a valid ground to impugn the policy/method - Such challenges cannot be allowed...........
Service -- Merger of cadres - Challenge as to - Merger of cadres is a policy decision which cannot generally be interfered with - There could be a better policy is not the ground to quash the same...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Discrepancies about the manner in which accident happened - Accident happened is not disputed - It is not the case of insurer that there was any negligence on the part of driver of car - Even, it is not the case of insurer that any of general or specific exceptions in the policy of insurance apply..........
Service -- Appointment - Appointments cannot be made over and above the vacancies which have been advertised, except in an emergency situation or for some unforeseen reasons, in public interest or when a policy decision is taken by State Government in this regard...........
Motor Vehicles Act, 1988, Section 149 -- Accident - Compensation - Liability of insurance company - Driver of insured vehicle possessed fake driving licence at the time of accident - It is not open for insurance company to cite failure of deceased vehicle owner to get driver's driving licence checked with RTO as a reason to disclaim liability under insurance policy - Even,..........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Arbitral award - Any award of an arbitrator or a tribunal that seeks to overreach a binding judicial decision does conflict with fundamental public policy and cannot therefore, sustain...........
Insurance Act, 1938, Section 38 -- Life Insurance policy - Transfer or assignment - Levy of service charge or fee - Assignment or transfer of policy is governed by S.38 of the Act - S.38 of the Act does not authorise levy of any such fee - Insurer not authorized to levy a service charge or fee for recording endorsement of transfer or assignment...........
Service -- Age of retirement - Age of retirement is purely a policy matter that lies within domain of State government - It is not for Courts to prescribe a different age of retirement from one applicable to Government employees under relevant service Rules and Regulations...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Insurance claim - Repudiation - Insurance was claimed by appellant towards damage caused to stock in cold storage due to leakage of ammonia gas - Leakage of ammonia gas was the outcome of an accident which was not foreseen and beyond the control of appellant and not covered by any of exceptions in..........
