Civil Procedure Code, 1908, Section 9 -- Suit of civil nature - Jurisdiction of civil court - Held, jurisdiction of civil court to entertain and try a suit of a civil nature, excepting suits of which their cognizance is either expressly or impliedly barred, is guaranteed by Section 9 of the Code of Civil Procedure - A bar of the civil suit could be implied, if a special..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Suppression of material facts - For the policy of March, 1997 in the relevant proposal form the deceased and/ or his father, the details of the four policies taken in March, 1994 and March, 1995, which were very much within the period of past 3 years were specifically omitted in reply to item..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Marine Insurance Act, 1963, Section 78 -- Insurance policy - Exclusion clause - Policy covered risks as per Institute Cargo Clause - C plus Theft, Pilferage and Non - delivery(TPND) - Insurance claim - Repudiation - Non - delivery of consignment at 'H' where the voyage terminated on account of arrest of the vessel -..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 45 -- Insurance claim - Insurance policy - Lapsed policy - Revival of policy - Suppression of material facts - Revival of the policy is a fresh contract of policy between the parties for which a fresh agreement is executed - Life assured suffering from CVA since 1999 when he met with an accident -..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Marine Insurance Act, 1963, Section 78 - Insurance policy - Exclusion clause - Policy covered risks as per Institute Cargo Clause-C plus Theft, Pilferage and Non-delivery (TPND) - Insurance claim - Repudiation - Non-delivery of consignment at `H' where the voyage terminated on account of arrest of the vessel -..........
Arbitration and Conciliation Act, 1996, Section 34(3) -- Legislature has used the word `Three months' and the proviso uses the words `thirty days' - Held, legislature did not intend that the period of three months used in sub-section (3) be equated to 90 days, nor intended that the period of thirty days to be taken as a month...........
Arbitration and Conciliation Act, 1996, Section 34(3), 31(3) -- Arbitration award - Deliver/deposited/left in the office of a party on a non working day - Such physical delivery is not the date of `receipt' of award by that party - Fact that the beldar or a watchman was present on a holiday or non-working day and had received the copy of the award cannot be considered as..........
Constitution of India, 1950, Article 226, 136, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 14, 17 -- Writ jurisdiction - Recovery of debt by bank - High Court should not pass interim stay order - It should insist the petitioner first to exhaust effective alternative remedy which was available to the petitioner under Section 17 of SARFAESI..........
Civil Procedure Code, 1908, Section 89, Order 10, Rule 1-A -- Scope - Section 89 CPC has to be read with Order 10 Rule 1-A - After the pleadings are complete and after seeking admission/denials wherever required, and before framing issues, the court will have recourse to section 89 of the Code - Such recourse requires the court to consider and record the nature of the..........
Civil Procedure Code, 1908, Section 89(2)(c)(d) -- It is not necessary for the Court, before referring the parties to an ADR process to formulate or re-formulate the terms of a possible settlement - It is sufficient if the Court merely describes the nature of dispute (in a sentence or two) and makes the reference - There is some error in drafting the provisions of (c) &..........
