Group Insurance Scheme -- Insurance claim - Employment - Duty hours - Notional extension theory - Insurance claim not allowed on the ground that the duty period of the deceased was from 2.00 to 10 p.m. and the deceased met with accident at about 10.15 p.m. when he was coming back from duty - Held that while applying the theory of notional extension it has to be held that..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 9, Rule 13 -- Application to set aside ex-parte decree - Application dismissed as Advocate pleaded no instructions - Held, it is not mandatory for courts to issue notice to parties when Advocate reports no instructions - It is duty of Advocate to put his client on notice before pleading no..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - It is the duty of plaintiff to keep track of the suit proceedings and is required to explain for his non appearance on the date fixed and also to explain the delay...........
Indian Penal Code, 1860, Section 279, 338, 304A -- Rash and negligent driving - Proof of - Driver of bus, while overtaking bullock cart, hit the two wheeler coming from the opposite direction - Two wheeler rider was moving on the correct side of the road and was not overtaking any vehicle - No duty cast on him to stop the vehicle - The conduct of the bus driver, instead of..........
Consumer Protection Act, 1986, Section 2(1)(g), Marine Insurance Act, 1963, Section 19 -- Marine insurance - Carriers liability - Compensation - Insurance cover obtained by the exporter - It envisaged goods being dispatched on c.i.f. basis - The goods sent of f.o.b. basis - Held to be a material departure which breached the duty of utmost good faith cast upon the exporter..........
Punjab Municipal Act, 1911 -- Houses damaged during heavy rains due to faulty drainage system - Petitioners directed to pay compensation of 2 lacs with interest of 12% - Held, Municipal Committee has a bounden duty to develop infrastructure and to maintain it in such a manner so that the civic amenities are not disrupted in the event of rain - However, interest awarded..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Accused cannot seek shelter behind S.197 Cr.P.C. if his action constituting an offence is not in discharge of his official duty...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Tehsildar beating petitioner - Not a party of his official duty - Sanction for prosecution not required...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Matter referred to larger Bench to consider following questions : (1) Whether in the absence of any substantial question of law being stated in the memorandum of appeal, the same can be rejected or not? (2) Whether Section 100 CPC enjoins a duty upon the High Court to formulate a..........
Punjab Civil Service Rules, Vol -- Suspension - Subsistence allowance - Denial of subsistence allowance on the ground of non - joining at the headquarter, fixed in the order of suspension - Suspension order itself indicate that the petitioner is not required to perform any duty - Held that non - joining by an employee has no relevance regarding the payment of subsistence..........
