.....of the owner, the insurance company would not be liable. the relevant paras of ningamma & anr. are extracted hereunder:18. however, in the facts of the present case, it was forcefully argued by the counsel appearing for the respondent that the claimants are not the third party, and therefore, they are not entitled to claim any benefit under section 163-a of the mva. in support of the said contention, the counsel relied on the decision of this court in oriental insurance co. ltd. v. rajni devi (2008) 5 scc 73.and new india assurance co. ltd. v. sadanand mukhi, (2009) 2 scc 417.19. in oriental insurance co. ltd. v. rajni devi (supra) wherein one of us, namely, honble s.b. sinha, j.was a party, it has been categorically held that in a case where third party is involved, the liability of the insurance company would be unlimited. it was also held in the said decision that where, however, compensation is claimed for the death of the owner or another passenger of the vehicle, the contract of insurance being governed by the contract qua contract, the claim of the claimant against the insurance company would depend upon the terms thereof.(emphasis supplied) xxxxx mac......
Tag this Judgment! Ask ChatGPT.....alternate flat to her but despite the period of 18 years having been elapsed no allotment has been made in favour of the petitioner till date.2. the facts of this case unfold a very sorry state of affairs and also reflects the highly insensitive attitude of the dda in dealing with an ordinary citizen who made an application for allotment of a flat in the year 1979, under the new pattern registration scheme-1979. the petitioners husband late shri. subhash chander got himself registered under the said scheme for allotment of janta flat and deposited a sum of rs. 1500/- with the respondent dda and was allotted registration no. 26753. the name of the petitioners husband was included in the draw held by the respondent on 27.01.1992 and a janta flat no. 173b, jg-iii, first floor, vikaspuri, new delhi was allotted to him. a demand-cum-allotment letter with block dates 25.11.1992-30.11.1992 on hire-purchase basis was issued to him at his address given in the registration form. as per the terms and conditions of the demand-cum-allotment letter, the allottee had to deposit a sum of rs. 42,656.92 on or before 29.01.1993 and the same amount was deposited by the allottee with the respondent......
Tag this Judgment! Ask ChatGPT.....(pw4) alongwith eye witness babu lal pal s/o beche lal pal (pw8) was carrying on three bundles of jeans on a cycle rickshaw from shastri park to the factory of their owner, in the evening. at about 8.30 pm when they reached near shahdara flyover, g.t. road in front of mansarovar park one auto rickshaw intercepted them. three boys got down from the said auto rickshaw and asked pw4 babu lal mishra and pw8 babu lal pal to run away after leaving their cycle rickshaw loaded with bundle of jeans. when pw4 and pw8 refused to obey their command hori lal, whose name was disclosed after he was apprehended, showed a knife to pw8 babu lal pal and threatened to stab on his abdomen in case he offered any resistance. appellant-hori lal also snatched mobile phone of pw4 and handed over the same to his accomplices. thereafter, pw8 babu lal pal along with one bundle of jeans was dumped in the auto rickshaw and taken away by kamal and mobin, whose names were disclosed after they were apprehended. as regards cycle rickshaw, hori lal and sonu @ chhotu took away with them. pw4 babu lal mishra raised alarm bachao bachao at which pw2 hc ram pal and pw3 const. virender singh, who were on patrolling duty,.....
Tag this Judgment! Ask ChatGPT.....qualified to be appointed as epidemiologist in ndmc. the relevant averments in respondent no. 3s affidavit are reproduced hereinbelow:6. that the facts relevant to the present petition are as under:a. the deponent obtained his mbbs degree in the year 1978 from lala lajpat rai memorial medical college, meerut (llrm medical college). b. he then joined the new delhi municipal council in the year 1981 in the capacity of medical officer, general duty. c. in the year 1985, the deponent was working as medical officer in the new delhi municipal committee (ndmc). d. in 1985, he applied for admission to the md course in social and preventive medicine / community medicine in jawahar lal nehru medical college of the aligarh muslim university, and was granted admission to the said course. e. he was thereafter granted permission from the ndmc to join the said course. he was also sanctioned study leave as extraordinary leave to pursue the said course. f. in july, 1987, the deponent was granted the degree of md in community medicine by the jawahar lal nehru medical college of the aligarh muslim university. g. the deponent, having finished his aforesaid degree course, rejoined his duties in.....
Tag this Judgment! Ask ChatGPT.....jain & ors. v. smt.jagwati devi & ors. to urge that the right to sue would accrue when issue of succession under a will attained finality.16. the facts in raj kumars case (supra) were that the estate of one jagmandar das was inherited by his sole legal representative, his sister ram katori on his death in the year 1954 and on the death of ram katori succession was claimed on a will statedly executed by her. probate was granted. the plaintiffs who were in possession of the subject property sued claiming that ram katori had a life interest in the property left by her brother and could not execute a will in relation thereto. it is in this context that the law declared in the said decision on the right to sue accruing has to be considered for the reason if the challenge to the will statedly executed by ram katori succeeded, there would not have been any threat to the possessory rights of the plaintiff as also to the reversionary right claimed. but upon the will succeeding, and since issues of title cannot be gone into in a probate proceedings, the threat became real when probate was granted.17. in the instant case the right of inheritance was propounded, albeit under the will when.....
Tag this Judgment! Ask ChatGPT.....allotment letter was sent to the petitioner. the petitioner expressed his inability to deposit the amount as per the demand letter on account of the fact that his mother was suffering from cancer and he had spent a huge amount on her treatment. petitioner requested respondent for accepting payments in installments. the respondent acceded to the request of the petitioner and petitioner was permitted to make payment of 50% of the amount in a single installment and remaining 50% amount in monthly installments. it is the case of the petitioner that this letter was not received by him, which resulted in cancellation of the flat. subsequently, the petitioner learnt that a flat in kondli gharoli, delhi, was allotted in the name of the petitioner but the same was later on cancelled.8. learned counsel for the petitioner submits that no demand letter was received by the petitioner with respect to the flat allotted to him at kondli gharoli, however, the petitioner again deposited the cancellation charges of rs.3207/- with the dda. counsel for the petitioner relies on a communication dated 28.5.2010, received from the dda in response to a query raised under right to information act, by which.....
Tag this Judgment! Ask ChatGPT.....indeed, learned counsel for the parties so concede. but, we highlight once again that the appellant proceeded to join issues with his sisters on the factual premise that the suit property was only 100 sq.yd. land and a building constructed thereon.14. now, mahavir prasad gautam, whose affidavit has been filed along with the appeal may have any ground to challenge the impugned decree and if he is aggrieved by the same he may do so, but the appellant cannot take any advantage of the fact that his mother and mahavir prasad gautam jointly purchased 200 sq.yd. land. we repeat once again, the appellant defended the suit on the premise that the mother of the parties was the owner of 100 sq.yd. land bearing private no.66 block j&k in the revenue estate of village khureji khas.15. we have been shown a release deed executed by mahavir prasad gautam in favour of sushila devi which records that he and sushila devi sold two parcels ad-measuring 50 sq.yd. each out of 200 sq.yd. land they had purchased to one smt.kesar devi and one shri amar chand.16. it is apparent that left with a joint interest in a 100 sq.yd. land mahavir prasad gautam relinquished his share therein in favour of sushila.....
Tag this Judgment! Ask ChatGPT.....depending on the courses of study offered, the number of seats, the kind of minority to which the institution belongs and other relevant factors. such an agency conducting the common entrance test (cet for short) must be one enjoying utmost credibility and expertise in the matter. this would better ensure the fulfillment of the twin objects of transparency and merit. cet is necessary in the interest of achieving the said objectives and also for saving the student community from harassment and exploitation. holding of such common entrance test followed by centralized counseling or, in other words, a single- window system regulating admissions does not cause any dent in the right of minority unaided educational institutions to admit students of their choice. such choice can be exercised from out of the list of successful candidates prepared at cet without altering the order of merit inter se of the students so chosen. 20. the dental council of india regulations framed with the previous sanction of the central government are statutory in character and warrant adherence in letter and spirit. the regulations can for no reason be treated as advisory or recommendatory in.....
Tag this Judgment! Ask ChatGPT.....basohli. it is pertinent to mention that the respondenthusband has sought relief of dissolution of marriage in the aforesaid petition”2. brief facts of the case, as disclosed in the instant petition, are that the petitioner is a resident of village bagdar tehsil dalhousie district chamba (hp) and she was married to the respondent in the month of april, 2000 at her village in accordance with hindu rites and customs. soon after the marriage differences arose and her family made efforts to settle the petitioner at her matrimonial home but all those efforts failed. eventually she was driven out from her matrimonial home forcing her to take shelter at her fathers house in her native village bagdar tehsil dalhousie (chamba). romesh chand, the husband of the petitioner, is working as a patwari and has been threatening the petitioner and her relatives who are accompanying her to defend the case. she has stated that being a destitute lady she is not in a position to attend the hearing at munsiff court, basohli which is at a far away distance and if the matter is transferred to the district court at kathua then she would be able to conveniently cover the distance and attend the.....
Tag this Judgment! Ask ChatGPT.....depending on the courses of study offered, the number of seats, the kind of minority to which the institution belongs and other relevant factors. such an agency conducting the common entrance test (cet for short) must be one enjoying utmost credibility and expertise in the matter. this would better ensure the fulfillment of the twin objects of transparency and merit. cet is necessary in the interest of achieving the said objectives and also for saving the student community from harassment and exploitation. holding of such common entrance test followed by centralized counseling or, in other words, a single- window system regulating admissions does not cause any dent in the right of minority unaided educational institutions to admit students of their choice. such choice can be exercised from out of the list of successful candidates prepared at cet without altering the order of merit inter se of the students so chosen. 20. the dental council of india regulations framed with the previous sanction of the central government are statutory in character and warrant adherence in letter and spirit. the regulations can for no reason be treated as advisory or recommendatory in.....
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