Court : Supreme Court of India
..... or the general provident fund, as the case may be; (ii) gratuity in accordance with the payment of gratuity act, 1972 or the relevant government rules, as may be applicable; 23 (iii) amount due under group insurance scheme, 1976; (iv) one free family pass in a year for journey within the state; (v) a free family pass for his ..... -gazetted posts in government 26 technical and industrial institutions in uttar pradesh does not qualify in the case of persons appointed to such posts on or after 15.11.1938. since the roadways is considered to be technical and industrial institution, the appellants are covered under note 3 of article 350, and they are not entitled for pension ..... non-gazetted posts in government technical and industrial institutions in the uttar pradesh does not qualify in the case of persons appointed to such posts on or after november 15,1938." exceptions-- this rule does not apply to the posts declared pensionable in shram (kha) vibhag g.o.no.810 (e) xxxvi- b-- 106/56, dated may .....
Tag this Judgment!Court : Karnataka
..... of 2021 iii) the claimant is entitled to total compensation of rs.6,80,200/- as against rs.4,77,360/- along with interest @ 6% p.a. from the date of petition till deposit; iv) respondent no.2-insurance company shall pay the enhanced compensation amount of rs.2,02,840/-, which would fetch the interest at 6 ..... in the accident and in all preponderance of probability, he was not wearing helmet at the relevant time and thereby violated the provision of section 129 of motor vehicles act, 1988. admittedly, the claimant has sustained the fracture to skull as per ex.p4-wound certificate issued by the doctor and the scanning report. therefore, the tribunal ..... .25. in the case on hand, the concept regarding contributory negligence and compensation claims for not wearing protective headgear under section 129(a) of the motor vehicle act 1988, the court notes several critical points. section 129(a) mandates that all motorcycle riders must wear protective headgear that meets the standards set by the bureau .....
Tag this Judgment!Court : Karnataka
..... students. these will be considered as mandatory conditions for continuation in the university s programmes. 1.7. azim premji university s group medical insurance for students (available to all full-time students) covers the cost of psychiatric consultations and hospitalization arising out of psychiatric ailments. for more details, ..... please refer to medical insurance policy.22. academic accommodation support 2.1. academic accommodation refers to short-term and temporary relaxation of academic requirements such as extension in assignment deadlines ..... annexure to this document.3. discrimination can occur as a result of both explicit and implicit biases (see annexure for definition of both).4. the policy and guidelines apply to acts of discrimination carried out by: a. any member (full time or part time employees) against a student. b. any student .....
Tag this Judgment!Court : Supreme Court of India
..... or any of them. the creditor can proceed against the guarantor first without exhausting its remedies against the principal borrower. chapter viii of the contract act contains provisions regarding indemnity and guarantee. section 126 is relevant for our purposes, which reads thus: 126. contract of guarantee , surety , principal ..... respondent-financial creditor, the learned senior counsel appearing for the appellant reiterated his submissions on the applicability of section 140 of the contract act. his submission is that the information memorandum indicates taking over the business of acil and the 2nd respondent-corporate debtor. he submitted ..... be in possession of the corporate debtor; (iii) tangible assets, whether movable or immovable; (iv) intangible assets including intellectual property; (v) securities including shares held in any subsidiary of the corporate debtor, financial instruments, insurance policies; (vi) assets subject to the determination of ownership by a court or authority; .....
Tag this Judgment!Court : Karnataka
..... : this case was registered against the accused for the offences punishable under section 498-a, 504, 323 r/w 34 of ipc and sections 3 and 4 of the dowry prohibition act. the investigating officer has filed the charge sheet against the accused nos. 1 to 7. later, the accused no.7 has not appeared before the court ..... the 2nd respondent is the complainant. the offences alleged are the ones punishable under sections 498a, 504, 323, 34 of the ipc and sections 3 and 4 of the dowry prohibition act, 1961. a marital discard leads the complainant to register a crime in crime no.294 of 2013. the police after investigation file a charge sheet and ..... *** 11. the old criminal procedure code (1898) contained an identical provision in section 270 thereof. a public prosecutor means any person appointed under section 24, and includes any person acting under the directions of a public prosecutor [vide section 2(u) of the code]..12. in the backdrop of the above provisions we have to understand the purport of .....
Tag this Judgment!Court : Karnataka
..... sanctioned home loan facility ( facilities ) at `7.10,00,000 (rupees seven crores ten lakhs) vide loan account number tbbngoooo6457553 on december 31,2022 and a mortgage insurance facility of `11,67,728 (rupees eleven lakhs sixty seven thousand seven hundred twenty eight) vide loan account number lbbn g00006649858 on may 26,2023. as on march ..... (2018) 1 scc (cri) 683]. in order to examine as to whether factual contents of fir disclose any cognizable offence or not, the high court cannot act like the investigating agency nor can exercise the powers like an appellate court. it is further observed and held that that question is required to be examined keeping in ..... , sri p. thejesh, learned high court government pleader appearing for respondent no.1 and sri p. prasanna kumar, learned counsel appearing for respondent no.2.4. the learned counsel for the petitioner would vehemently contend that the issue is purely civil in nature. the complainant appears to be aggrieved by her not getting .....
Tag this Judgment!Court : Supreme Court of India
..... fire that took place, m/s paresh shah & associates was appointed as the surveyor by the appellant company on 29.05.2018 under section 64um of the insurance act, 1938. the surveyor visited the factory premises of the respondent on a number of occasions between 29.05.2018 and 29.08.2018 for the purpose of assessing the ..... payment of the claim, or offered the amount on a take it or leave it basis . seen thus, the test laid down by this court in paragraph 52(iv) of the national insurance co. ltd. v. boghara polyfab reported in (2009)1 scc267can neither be said to have been alleged nor satisfied. special leave petition (c) nos. 3792/2024 ..... be covered by the arbitration agreement contained in the original contract, and thus should be referred to the arbitral tribunal for determination. the relevant observations are extracted hereinbelow: 4. on these facts the short question for determination is: where one of the parties refers a dispute or disputes to arbitration and the other party takes a plea .....
Tag this Judgment!Court : Supreme Court of India
..... 1981 had agreed that time is the essence of said contract?.3. whether agreement of sale dated 24.05.1981 is hit by any of the provisions of contract act, 1872?.4. whether defendant no.6 proves that he is a bona fide purchaser of portion of suit schedule property without notice of earlier slp (civil) no.2246 of2017page 14 ..... essence of contract. on point no.3, it held that the contract was not opposed to public policy nor hit by section 23 of the indian contract act, 1872. on point no.4, it was held that defendants 6 to 7 had failed to discharge the burden that they were bona fide purchasers for value without notice. on point ..... his submissions: - 1. parminder singh vs. gurpreet singh9; 2. universal sompo general insurance co. ltd. vs. suresh chand jain and another10 3. r.k. mohd. ubaidullah vs. hajee c. abdul wahab11; 4. himatlal motilal and others vs. vasudev ganesh mhaskar @ ganpati boa and others12; 8 in short, the act, 1908 9 (2018) 13 scc35210 (2023) scc online sc87711 (2000) 6 scc40212 .....
Tag this Judgment!Court : Karnataka
..... in blatant violation of the principles of natural justice.11. the judgment relied on by the learned counsel for respondent no.3 in the case of sadhana lodh vs. national insurance co. ltd and another reported in (2003) 3 scc524is distinguishable without much ado, as much water has flown after 2003. the apex court in the case of radha krishan industries ..... )(cid:22)(cid:22) @@@@ "" "" !!!! "" "" ffff 0000 aaaa llkkllkk $$$$(cid:23)(cid:23)(cid:23)(cid:23)0000 cccc xxxx3333 yyyy (cid:4)(cid:4)(cid:4)(cid:4) 5555(cid:23)(cid:23)(cid:23)(cid:23)(cid:4)(cid:4)(cid:4)(cid:4) . 07 (cid:4) (cid:25) (cid:25) (cid:25) d \ (cid:21) k (cid:21) . kl $(cid:23)0 c a ]. - 10 - nc:2024 ..... :21) k (cid:21) kl $(cid:23)0 c a ]., /- r ^u_ h b 0 (cid:13)c, (cid:4) d i ;% ", (cid:4) d i . (emphasis added) respondent no.3 files an appeal under section 61(2) of the karnataka excise act, 1965, before the excise commissioner. the commissioner of excise sets aside the order dated 29.01.2024, which had permitted .....
Tag this Judgment!Court : Supreme Court of India
..... the registering authorities after the acquisition process had commenced and/or whose names were not recorded in the revenue records before issuance of notification under section 4 of the act, are thus denuded of any cause of action under section 5a to object against the acquisition proceedings. in the present batch, noida has taken a ..... all as the appellant company had not filed any objection under section 5 a to the acquisition proceedings consequent to the issuance of notification under section 4 of the act. [emphasis supplied].22. there is no gainsaying that a person interested under section 5a(1), can seek annulment of the acquisition process if no ..... land to put in their objections.18. the landowners thus became entitled to lodge their objections within thirty days of the notification published under section 4 of the 1894 act. the collector is thereafter expected to give an opportunity of hearing to the objectors and make recommendations to the appropriate government after 10 women' .....
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