Array ( [0] => ..... some preliminary enquiry or examination of some allegations has been made, that will not vitiate the order of termination. in m. venugopal v. divisional manager, life 19. insurance corporation of india, machilipatnam, ap, (1994) 2 scc323 the services of the appellant (appointed as development officer with a probation period of 1 year) were terminated ..... confirmed on completion of the probation period; the petitioner is a workman within the definition of section 2(s) of the industrial disputes act; his last drawn wages were rs.4,00,000/- per month and the respondent has not paid the performance incentive at the rate of 20.2% of the salary since ..... the workman is rejected. award is passed accordingly. requisite copies of the award be sent to the competent authority for publication as per provisions of industrial dispute act. submissions of the petitioner 6. the petitioner was a workman irrespective of designation and salary as he was neither having any subordinate staff nor having any ..... [1] => ..... one party, though it may not, in every case, be accompanied by prejudice against the other. negative bias denotes cases of clear prejudice, where there is a positive inclination to act against the interests of one, or the other, party. either way, bias is equally fatal. absolute dispassion, and independence, is the imperative sine qua 2 (1974) 2 ..... the selection committee . sub-rule (6) of rule 96 allows the selection committee to regulate its own procedure. there is nothing, to be found in the delhi school education act, 1973, or in the dsear, 1973, which indicates that office memoranda, issued by the dopt, or any other authority, governing dpcs are, mutatis mutandis or otherwise, applicable to ..... develop. in such cases the doctrine of necessity comes into play. if the choice is between allowing a biased person to act or to stifle the action altogether, the choice must fall in favour 5 (1996) 4 scc1046 2019 scc online sc1459wp (c) 597/2017 page 28 of 40 of the former as it is the only way ..... [2] => ..... a civil court. it was so held in i) town hall municipal council athani vs. presiding officer, labour court, hubli air1969sc1335 ii) nityanand m. joshi vs. life insurance corporation of india air1970sc209 and iii) sushila devi vs. ramanandan prasad air1976sc177(182). however thereafter supreme court in ganpat ram sharma vs. gayatri devi (1987) 3 scc576held that ..... to the recipient the need to apply for leave to defend before expiry of 15 days of the date of receipt; (vii) the language of section 25b(4) of the act is also indicative of there being no provision for condonation of delay in applying for leave to defend; (viii) that even otherwise, there can be no ..... controller; else the consistent view of the supreme court has been that the provisions of the limitation act are not applicable to the rent rc.rev. 279/2014 page 13 of 29 controller; (xxiv) reference is also made to sarla ahuja vs. united india insurance co. ltd. (1998) 8 scc119and shiv sarup gupta vs. mahesh chand gupta (dr) ..... [3] => ..... in view of the full and final settlement, the arbitration clause cannot be invoked. reliance is placed on the judgment of the apex court in united india insurance co. limited vs. antique art exports private limited, (2019) 5 scale419 the relevant para of the judgment relied upon by the respondent is as under:-" 20 ..... vedant kumar, advocates coram: hon'ble ms. justice jyoti singh jyoti singh, j.1. this is a petition filed under section 11(6) of the arbitration & conciliation act, 1996 ( act ) for appointment of an arbitrator to adjudicate the disputes between the parties.2.... petitioner is engaged in design & engineering, manufacturing, installation, testing and erection & commissioning of ..... the factum of existence of an arbitration and relied on the judgment in duro felguera, s.a. v. gangavaram port ltd. [(2017) 9 scc729: (2017) 4 scc (civ) 764]. the exposition in this decision is a general observation about the effect of the amended provisions which came to be examined under reference to ..... [4] => ..... have been misleading the ld. trial court by not disclosing to the court that its name stood struck off from the register of companies. section 560 of the companies act, 1956 reads as under: 560. power of registrar to strike defunct company off register.-. (1) where the registrar has reasonable cause to believe that a company is ..... registrar of companies, has been attached, which shows that the name of the respondent/plaintiff (hereinafter, plaintiff ) company was struck off under section 560 (5) of the companies act, 1956, under the easy exit scheme, 2011 on 18th march, 2011.2. ld. counsel for the... petitioners submits that the suit for recovery under order xxxvii cpc was ..... is shown to the contrary, be struck off the register and the company will be dissolved. (4) if, in any case where a company is being wound up, the registrar has reasonable cause to believe either that no liquidator is acting, or that the affairs of the company have been completely wound up, and any returns required to ..... [5] => ..... or revive any settled claim. in union of india vs. master construction co. (2011) 12 scc349 the supreme court, after taking note of the dicta in national insurance co. ltd.supra, added that where a party claims that a discharge voucher or no-claim certificate has been obtained by fraud, coercion, duress or undue influence, then ..... had approved of or was satisfied of the claim of the plaintiff for additional work. rather, in the letter dated 3rd september, 2015, the defendant has carefully acted as the messenger of the claim of the plaintiff to igntu. a reading of the letter dated 3rd september, 2015, material part whereof has been reproduced above, ..... projects constructions corporation ltd. ...defendant through: mr. rajat arora & vishalakshi singh, advs. coram: hon'ble mr. justice rajiv sahai endlaw1 this suit for recovery of rs.4,91,99,187.71 paise, post completion of pleadings, is ripe for framing of issues. the counsel for the defendant however contends that the suit claim, on the basis ..... [6] => ..... act, except the right conferred by section 53a except the right conferred by section 53a shall be punishable with imprisonment for a term which shall not be less ..... is relevant to note that the opening sentence of 4. the application filed by knit pro under section 156(3) of the cr.p.c. indicates that the complaint is, essentially, under sections 51, 63 and 64 of the indian copyright act, 1957 (hereafter the copyright act ). section 51 of the copyright act sets out the circumstances in which a copyright is deemed ..... to be imposed for such offence. section 63 of the act is set out below:-" 63. offence of infringement of copyright or other rights conferred by this act. any person who knowingly infringes or abets the infringement of (a) the copyright in a work, or w.p.(crl) 3422/2018 page 4 of 20 (b) any other right conferred by this ..... [7] => ..... is on account of the default of the petitioner, nhai is liable to pay by way of termination payment an amount equal to 90% of the debt due, less insurance cover. there is no dispute between the parties that the agreement stands terminated at the instance of the nhai. thus, prima facie by virtue of the clauses mentioned above, ..... authority shall pay to the concessionaire, by way of termination payment, an amount equal to 90% (ninety per cent) of the debt due less insurance cover; provided that if any insurance claims forming part of the insurance cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of debt due. ..... this would have been a ground for challenge o.m.p.(i) (comm.) 218/2019 page 11 of 34 under section 34(2)(a)(iv) of the act by the respondent. the provision reads as under:-" (iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains ..... [8] => ..... must decline to grant relief and extraordinary jurisdiction should not be exercised. in the case of state of haryana v. dewan singh, air1996sc675, notification under section 4 of the act was published on 22.1.1981. the collector after conducting the enquiry made an award and allegedly took possession of the land on even date. the respondent ..... binding on this court. however, the same is only in the absence of any direct pronouncement of the supreme court [see oriental insurance co. ltd. v. meena variyal and ors., (2007) 5 scc428(paragraph 26); and national insurance company limited v. geeta bhat and ors., (2008) 12 scc426.76. in respect of the issue at hand, we find ..... that there are numerous direct pronouncements of the supreme court as cited by the learned counsel for the respondents no.4 and 5. in satendra prasad jain (supra), the ..... [9] => ..... the terms of a main contract or sub-sub-contracts incorporating the terms of a sub-contract. insurance; excess insurance (4) a and b make a contract incorporating terms agreed between c and d. bills of lading, reinsurance and insurance contracts and building contracts may fall into this category. 27. in the case of inox wind limited ..... . the defendant no.1 did not insist to get plaintiffs signatures on the contract accepting all the terms and conditions. seemingly the defendant no.1 started acting upon the said unsigned contract. 14.from the exchange of emails reproduced above, it cannot be inferred that the plaintiff had expressly or impliedly agreed to ..... declaration, permanent injunction and recovery of rs.8 crores (approx.) whereunder the application being i.a. no.4550/2017 of the appellant under section 45 of the act was dismissed by the learned single judge as being without merits. hence, the present appeal.12. mr. rajiv nayyar, learned senior counsel appearing for the appellant ..... [10] => ..... shall constitute a contract of indemnity only." 28. the tac was formed under section 64u of the insurance act, 1938 ( the 1938 act ) to prescribe the terms and conditions and premium rates as well as wordings of insurance policies, when the insurance policy was issued to the indorama, it was mandated by law to issue it only in accordance with ..... (hereinafter referred to as the "tac") set up under section 64u of the insurance act, 1938 to stipulate policy expressions for all general insurance companies.3. the md policy covers the insured for the risk of physical damage/loss to its property insured caused by the specific risks listed in that policy. the lop covered the hazard ..... the policy is issued in accordance with the tariff advisory committee's prescribed wordings of "consequential loss (fire) tariffs (paragraph 4.1 of the petition). as stated above, the tac is set up under section 64u of the insurance act 1938 to stipulate policy wordings for all fao(os)no.156/2015 page 19 of 68 general ..... [11] => ..... conditions:1. the deal should be commercially viable and should be arrived at after due-diligence and approval of lic board.2. lic shall ensure that provisions of life insurance corporation act 1956. insurance act, 1938. irda act 1999. rules and regulations of irdai and any other relevant law in force are strictly followed. the permission to acquire upto 51% stake 3. in idbi bank is to ..... all necessary regulatory approvals from rbi, sebi and any other relevant agency.4. lic shall ensure that acquiring additional stake in idbi bank is done in a prudent manner such that ..... [12] => ..... held as under: omp (comm.) no.129/2017 page 16 7. the appellant had appointed joint surveyors in terms of section 64-um (2) of the insurance act, 1938. their report has been placed on the record in which a detailed account of the factors on the basis of which the joint surveyors had come to the ..... crystals/powder and d.m.o. (dementholised mentha oil). the crude mentha oil which is the input raw material, is distilled in distillation columns (4 nos. installed at the insured s plant under reference). after distillation, the distillate is chilled in refrigeration tanks, where the process of crystallization is initiated and completed. the solution containing ..... has been confirmed from textual evidence of chemical industry that the storage temperature did allow the storage of the product, without harming its 'physical and chemical properties. (iv) the reasons relating to paucity of space in the process block and in storage area subsequent to the fire are also without merit and may be attributed to ..... [13] => ..... third part of the clause, lord gest noted as follows:-"".... the doctrine noscitur a sociis is exemplified in the dictum of lord halsbury l.c. in thames and mersey marine insurance co. v. hamilton, fraser & co. 35: words, however general, may be limited with respect to the subject matter in relation to which they are used. parts 1, ..... of the judicial committee of the privy council in omp (efa) (comm) 6/2016 page 98 of 115 bengal nagpur rly. co. ltd. v. ruttanji ramji [air1938pc67:65. ia66: (1938) 1 mlj640 and the decisions of this court in union of india v. west punjab factories ltd. [(1966) 1 scr580: air1966sc395 ; union of india v. watkins mayor & co. [air1966sc275 ..... compound interest is contrary to public policy of india and the award in respect of compensatory damages awarded under item nos. 2, 4 and 6 cannot be enforced under section 7(1)(b)(ii) of the act. d) damages on damages there is clearly no merit in the said plea of the respondents whether the award of damages against the ..... [14] => ..... but also to gross sums, the whole of which may not be income or profits of the recipient, such as payments to contractors and sub-contractors and the payment of insurance commission. it has been contended that the sum which may be required to be paid to the non- resident may only be a trading receipt, and, may contain a ..... is the charging section also stipulates that income tax shall be deducted at the source, in respect of income chargeable under section 4 (1). section 4 and section 5 of the act are extracted below: section 4 - (1) where any central act enacts that income-tax shall be charged for any assessment year at any rate or rates, income-tax at that rate ..... the case of any assessee (i) any interest (not being interest on a loan issued for public subscription before the 1st day of april, 1938), fees for technical services or other sum royalty, chargeable under this act, which is payable, business (a) outside india; or (b) in india to a non-resident, not being a company or to a foreign ..... [15] => ..... the annual account, copies of which are required under the insurance act, 1938 (4 of 1938), to be furnished to the controller of insurance, subject to adjustments for unexpired risk and disallowances under section 30 to section 43b. the insurance act, 1938 was amended in 1999 and the insurance regulatory development authority (irda) was created. in the financial year 2001-02, irda introduced irda (preparation of financial statements and auditor s report of ..... be taken to be the balance of the profits disclosed by the annual accounts, copies of which are required under the insurance act, 1938 (4 of 1938) to be furnished to the controller of insurance, subject to the following adjustments:-"(a) subject to the other provisions of this rule, any expenditure or allowance which is not admissible under the provisions of sections 30 to 43b ..... [16] => ..... the annual account, copies of which are required under the insurance act, 1938 (4 of 1938), to be furnished to the controller of insurance, subject to adjustments for unexpired risk and disallowances under section 30 to section 43b. the insurance act, 1938 was amended in 1999 and the insurance regulatory development authority (irda) was created. in the financial year 2001-02, irda introduced irda (preparation of financial statements and auditor s report of ..... be taken to be the balance of the profits disclosed by the annual accounts, copies of which are required under the insurance act, 1938 (4 of 1938) to be furnished to the controller of insurance, subject to the following adjustments:-"(a) subject to the other provisions of this rule, any expenditure or allowance which is not admissible under the provisions of sections 30 to 43b ..... [17] => ..... pension to the corporation.102. there is another aspect, which must be referred to and taken into account. section 40b of the insurance act, 1938 read with rule 17d of the insurance rules, 1939 fixes and stipulate statutory limits on management expenditure. the said percentage or figure cannot be breached. for the financial year ..... the union of india is that appointments to the posts of chairman and managing director are made by the central government under sections 4 and 20 of the act. these posts require approval of the appointment committee of the cabinet and draw pay as per the scale of pay applicable to ..... 31/16,544 21,073 27,039 32,578 2,111 1,950 2,439 2,728 269 273 340 1,004 3,654 4,769 4,038 3,589 benefits paid 1,515 fund as at end of year 21,073 1,026 27,039 1,278 32,578 973 ..... between rs.3,850 and rs.2,400/- plus 0.17 per 8 cent of basic pension in excess of rs.3,850/- (iv) above rs.4,100/35 per cent of rs.2,400/- plus 0.29 per cent of the difference between rs.3,850 wp(c)184/2007 ..... [18] => ..... the said instalment of rs. 40 lacs. 23. the submission of the defendant that the suit is barred by section 3 of the punjab registration of money lenders act, 1938 also has no merit. firstly, the defendant has not claimed that the money was lent by the plaintiff to the defendant on interest. secondly, the defendant does not ..... and moonshine. 19. the promissory note relied upon by the plaintiff, no doubt, may not meet the requirement of a promissory note as defined in section 4 of the negotiable instruments act, which is defined as follows: a promissory note is an instrument in writing (not being a bank-note or a currency-note) containing an unconditional ..... said property, the defendant also executed an agreement to sell dated 29.08.2012 in favour of the plaintiff s proprietor mr. vinod sharma as a collateral security. 4. the further case of the plaintiff is that the loans were advanced by the plaintiff by himself incurring overdraft in his account with vijaya bank. the payments were ..... [19] => ..... the profit before tax and appropriations as disclosed in the profit and loss account prepared in accordance with the provisions of the insurance act, 1938 (4 of 1938) or the rules made thereunder or the provisions of the insurance regulatory and development authority act, 1999 (4 of 1999) or the regulations made thereunder, subject to the following adjustments:- (a) subject to the other provisions of this rule, any ..... to be the balance as disclosed in the annual' accounts by the assessee, the copies of which were required under the insurance act, 1938 (4 of 1938) to be submitted to the prescribed controller of insurance (referred to in schedule 1 of the i. tax act, 1961). it is, therefore, clear that the income earned by the assessee form the noninsurance activities are taxable like profit and ..... ) Insurance Act 1938 4 of 1938 Section 10 Separation of Accounts and Funds - Sortby Recent - Court Delhi - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Sorted by: recent Court: delhi Page 1 of about 61 results (0.133 seconds)

Dec 04 2019 (HC)

Nitya Nand Sinha vs.m/s Hl Promoters Private Limited and Anr.

Court : Delhi

..... some preliminary enquiry or examination of some allegations has been made, that will not vitiate the order of termination. in m. venugopal v. divisional manager, life 19. insurance corporation of india, machilipatnam, ap, (1994) 2 scc323 the services of the appellant (appointed as development officer with a probation period of 1 year) were terminated ..... confirmed on completion of the probation period; the petitioner is a workman within the definition of section 2(s) of the industrial disputes act; his last drawn wages were rs.4,00,000/- per month and the respondent has not paid the performance incentive at the rate of 20.2% of the salary since ..... the workman is rejected. award is passed accordingly. requisite copies of the award be sent to the competent authority for publication as per provisions of industrial dispute act. submissions of the petitioner 6. the petitioner was a workman irrespective of designation and salary as he was neither having any subordinate staff nor having any .....

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Dec 02 2019 (HC)

Kalpana Mehdiratta vs.air Force Bal Bharati School & Ors

Court : Delhi

..... one party, though it may not, in every case, be accompanied by prejudice against the other. negative bias denotes cases of clear prejudice, where there is a positive inclination to act against the interests of one, or the other, party. either way, bias is equally fatal. absolute dispassion, and independence, is the imperative sine qua 2 (1974) 2 ..... the selection committee . sub-rule (6) of rule 96 allows the selection committee to regulate its own procedure. there is nothing, to be found in the delhi school education act, 1973, or in the dsear, 1973, which indicates that office memoranda, issued by the dopt, or any other authority, governing dpcs are, mutatis mutandis or otherwise, applicable to ..... develop. in such cases the doctrine of necessity comes into play. if the choice is between allowing a biased person to act or to stifle the action altogether, the choice must fall in favour 5 (1996) 4 scc1046 2019 scc online sc1459wp (c) 597/2017 page 28 of 40 of the former as it is the only way .....

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Nov 29 2019 (HC)

Director Directorate of Education & Anr vs.mohd. Shamim & Ors

Court : Delhi

..... a civil court. it was so held in i) town hall municipal council athani vs. presiding officer, labour court, hubli air1969sc1335 ii) nityanand m. joshi vs. life insurance corporation of india air1970sc209 and iii) sushila devi vs. ramanandan prasad air1976sc177(182). however thereafter supreme court in ganpat ram sharma vs. gayatri devi (1987) 3 scc576held that ..... to the recipient the need to apply for leave to defend before expiry of 15 days of the date of receipt; (vii) the language of section 25b(4) of the act is also indicative of there being no provision for condonation of delay in applying for leave to defend; (viii) that even otherwise, there can be no ..... controller; else the consistent view of the supreme court has been that the provisions of the limitation act are not applicable to the rent rc.rev. 279/2014 page 13 of 29 controller; (xxiv) reference is also made to sarla ahuja vs. united india insurance co. ltd. (1998) 8 scc119and shiv sarup gupta vs. mahesh chand gupta (dr) .....

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Nov 29 2019 (HC)

Gogoal Hydro Private Limited vs.bharat Heavy Electricals Limited

Court : Delhi

..... in view of the full and final settlement, the arbitration clause cannot be invoked. reliance is placed on the judgment of the apex court in united india insurance co. limited vs. antique art exports private limited, (2019) 5 scale419 the relevant para of the judgment relied upon by the respondent is as under:-" 20 ..... vedant kumar, advocates coram: hon'ble ms. justice jyoti singh jyoti singh, j.1. this is a petition filed under section 11(6) of the arbitration & conciliation act, 1996 ( act ) for appointment of an arbitrator to adjudicate the disputes between the parties.2.... petitioner is engaged in design & engineering, manufacturing, installation, testing and erection & commissioning of ..... the factum of existence of an arbitration and relied on the judgment in duro felguera, s.a. v. gangavaram port ltd. [(2017) 9 scc729: (2017) 4 scc (civ) 764]. the exposition in this decision is a general observation about the effect of the amended provisions which came to be examined under reference to .....

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Nov 29 2019 (HC)

Kamala Chamoli & Anr vs.m/s Pre Press Machinery & Services Pvt Ltd

Court : Delhi

..... have been misleading the ld. trial court by not disclosing to the court that its name stood struck off from the register of companies. section 560 of the companies act, 1956 reads as under: 560. power of registrar to strike defunct company off register.-. (1) where the registrar has reasonable cause to believe that a company is ..... registrar of companies, has been attached, which shows that the name of the respondent/plaintiff (hereinafter, plaintiff ) company was struck off under section 560 (5) of the companies act, 1956, under the easy exit scheme, 2011 on 18th march, 2011.2. ld. counsel for the... petitioners submits that the suit for recovery under order xxxvii cpc was ..... is shown to the contrary, be struck off the register and the company will be dissolved. (4) if, in any case where a company is being wound up, the registrar has reasonable cause to believe either that no liquidator is acting, or that the affairs of the company have been completely wound up, and any returns required to .....

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Nov 28 2019 (HC)

Universal Contractors & Engineers (P) Ltd vs.the National Projects Con ...

Court : Delhi

..... or revive any settled claim. in union of india vs. master construction co. (2011) 12 scc349 the supreme court, after taking note of the dicta in national insurance co. ltd.supra, added that where a party claims that a discharge voucher or no-claim certificate has been obtained by fraud, coercion, duress or undue influence, then ..... had approved of or was satisfied of the claim of the plaintiff for additional work. rather, in the letter dated 3rd september, 2015, the defendant has carefully acted as the messenger of the claim of the plaintiff to igntu. a reading of the letter dated 3rd september, 2015, material part whereof has been reproduced above, ..... projects constructions corporation ltd. ...defendant through: mr. rajat arora & vishalakshi singh, advs. coram: hon'ble mr. justice rajiv sahai endlaw1 this suit for recovery of rs.4,91,99,187.71 paise, post completion of pleadings, is ripe for framing of issues. the counsel for the defendant however contends that the suit claim, on the basis .....

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Nov 25 2019 (HC)

Anurag Sanghi vs.state & Ors

Court : Delhi

..... act, except the right conferred by section 53a except the right conferred by section 53a shall be punishable with imprisonment for a term which shall not be less ..... is relevant to note that the opening sentence of 4. the application filed by knit pro under section 156(3) of the cr.p.c. indicates that the complaint is, essentially, under sections 51, 63 and 64 of the indian copyright act, 1957 (hereafter the copyright act ). section 51 of the copyright act sets out the circumstances in which a copyright is deemed ..... to be imposed for such offence. section 63 of the act is set out below:-" 63. offence of infringement of copyright or other rights conferred by this act. any person who knowingly infringes or abets the infringement of (a) the copyright in a work, or w.p.(crl) 3422/2018 page 4 of 20 (b) any other right conferred by this .....

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Nov 25 2019 (HC)

Bhubaneshwar Expressways Pvt. Ltd. Vs.national Highways Authority of I ...

Court : Delhi

..... is on account of the default of the petitioner, nhai is liable to pay by way of termination payment an amount equal to 90% of the debt due, less insurance cover. there is no dispute between the parties that the agreement stands terminated at the instance of the nhai. thus, prima facie by virtue of the clauses mentioned above, ..... authority shall pay to the concessionaire, by way of termination payment, an amount equal to 90% (ninety per cent) of the debt due less insurance cover; provided that if any insurance claims forming part of the insurance cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of debt due. ..... this would have been a ground for challenge o.m.p.(i) (comm.) 218/2019 page 11 of 34 under section 34(2)(a)(iv) of the act by the respondent. the provision reads as under:-" (iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains .....

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Nov 25 2019 (HC)

Tata Communications Ltd vs.uoi and Ors.

Court : Delhi

..... must decline to grant relief and extraordinary jurisdiction should not be exercised. in the case of state of haryana v. dewan singh, air1996sc675, notification under section 4 of the act was published on 22.1.1981. the collector after conducting the enquiry made an award and allegedly took possession of the land on even date. the respondent ..... binding on this court. however, the same is only in the absence of any direct pronouncement of the supreme court [see oriental insurance co. ltd. v. meena variyal and ors., (2007) 5 scc428(paragraph 26); and national insurance company limited v. geeta bhat and ors., (2008) 12 scc426.76. in respect of the issue at hand, we find ..... that there are numerous direct pronouncements of the supreme court as cited by the learned counsel for the respondents no.4 and 5. in satendra prasad jain (supra), the .....

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Nov 14 2019 (HC)

Glencore International Ag vs.m/s Shree Ganesh Metals & Anr

Court : Delhi

..... the terms of a main contract or sub-sub-contracts incorporating the terms of a sub-contract. insurance; excess insurance (4) a and b make a contract incorporating terms agreed between c and d. bills of lading, reinsurance and insurance contracts and building contracts may fall into this category. 27. in the case of inox wind limited ..... . the defendant no.1 did not insist to get plaintiffs signatures on the contract accepting all the terms and conditions. seemingly the defendant no.1 started acting upon the said unsigned contract. 14.from the exchange of emails reproduced above, it cannot be inferred that the plaintiff had expressly or impliedly agreed to ..... declaration, permanent injunction and recovery of rs.8 crores (approx.) whereunder the application being i.a. no.4550/2017 of the appellant under section 45 of the act was dismissed by the learned single judge as being without merits. hence, the present appeal.12. mr. rajiv nayyar, learned senior counsel appearing for the appellant .....

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