Court : Punjab and Haryana
Decided on : Jan-31-1985
Reported in : [1987]62CompCas343(P& H)
B.S. Yadav, J. 1. This judgment will dispose of the above titled revision petition as well as Revision Petition No. 2511 of 1984 of the same title as the law point involved in both these petitions is the same.2. The facts in brief are that the present respondent, Smt. Pushpa Mehra, had filed a suit for the recovery of Rs. 53,560 on the basis of a life insurance policy taken out by her husband as the Life Insurance Corporation (for short 'the Corporation') had repudiated her claim. The suit was contested by the defendant on the ground that at the time of submission of the proposal for insurance and at the time of his medical examination in the personal statement regarding his health, the deceased had made incorrect statements and had withheld the correct information regarding his health at the time of effecting the insurance. To substantiate their allegations, the Corporation applied before the trial judge for examination of some witnesses on commission or interrogatories. Four witnesse...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-08-1985
Reported in : [1987]62CompCas64(P& H)
Gokul Chand Mital, J. 1. Tilak Raj got the following life insurance policies. DateAmountDetails of the documents24-7-1969Rs. 5,000 Exhibits D-10 toD-12, Proposal form, personal statement and medical report.29-5-1970Rs. 5,000 Exhibits D-7 toD-9, Proposal form, personal statement and medical report.26-4-1971Rs. 20,000 Exhibits D-4 toD-7, Proposal form, personal statement and medical report.2. He died on October 6, 1971, and his widow, Smt. Satya Rani, claimed the entire amount under the three policies. The Life Insurance Corporation of India (hereinafter referred to as 'the LIC') finally repudiated the claim on September 4, 5, 1972, and, consequently, she filed a suit for recovery of Rs. 30,000. She challenged the basis on which the claim was repudiated. 3. The LIC contested the suit and pleaded that the policies were obtained by Tilak Raj by suppressing the material facts as he gave wrong answers to the declaration contained in the proposal form and in his personal statement. It was spe...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-08-1985
Reported in : 1985(6)ECC78; 1987(28)ELT204(P& H)
G.C. Mittal, J.1. The Industrial' Cables (India) Ltd., Rajpura, (hereinafter referred to as the plaintiff-company) filed a civil suit for the recovery of Rs. 6,75,514.80 against Hindustan Aluminium Corporation Ltd., Renukoot, District Mirzapur, U.P., Union of India through the Secretary to Government of India, Department of Revenue and Insurance, Ministry of Finance, and Collector of Central Excise, Allahabad, on the plea that during the period 13th April, 1967 to 28th February, 1969 the plaintiff-company purchased aluminium rods from the defendant-company and paid the aforesaid amount to the defendant-company on account of excise duty under the bona fide belief and mistake of law whereas in fact and in law. no excise duty was payable. The refund was claimed from the defendant-company and reliance was placed on a decision of the Gujarat High Court. It was also pleaded that the plaintiff-company requested the defendant-company to refund the amount of excise duty but the said company ref...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-07-1985
Reported in : II(1985)ACC550; AIR1985P& H329; [1986]60CompCas493(P& H)
D. S. Tewatia, J.This appeal in the first instance came up for hearing before Sodhi, J. who referred the same to a larger Bench by his order dated 15-5-1984. The Division Bench which thus came to deal with the matter by order dated 29-8-1984 referred the following question for the decision of the larger Bench:'Whether the legal representatives and dependents, other than those enumerated in S. 1 of the Fatal Accidents Act, 1855, can maintain a petition for compensation on account of the death of their relation who died in a motor accident, by virtue of the provisions of S. 110-A of the Motor Vehicles Act, 1939?'The import of the aforesaid legal proposition has to be examined against the background of facts which are not in dispute and can be stated thus:Dharam Pal, a rickshaw puller, aged 21 years on the date of the accident, met with an accident with an ambassador car No. PUQ-2148 (Taxi) on 26-2-1977 at about 10 p.m. near a cycle-repair shop close to Naz Cinema, G. T. Road, Jalandhar, ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-23-1985
Reported in : [1986]60CompCas510(P& H)
S.P.Goyal, J.1. Messrs Sehgal Papers (for short, ' the company '), a public limited company, was ordered to be wound up, vide orders dated April 8, 1983, in C.P. No. 64 of 1981 and the official liquidator was directed to take over and manage the affairs of the company. About six months thereafter on September 15, 1983, M. M. Sehgal, former chairman of the board of directors of the company, moved Company Petition No. 97 of 1983 under Sections 391, 392 and 394 of the Companies Act, 1956, for a direction to hold a meeting of the various creditors and shareholders to con-sider the arrangement detailed in the petition itself. The learned company judge, vide orders dated September 27, 1983, appointed Shri B. R. Tuli to act as chairman to hold the meeting who after doing the needful forwarded four reports to this court of the meeting of the secured creditors, preferred creditors, unsecured creditors and all the shareholders held separately on the same date, i.e., December 7, 1983. The scheme ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-26-1985
Reported in : AIR1986P& H21
..... corporation act which are similar to s. 30 of the ifc act were interpreted by me. the relevant observations are as follows (para 6):--'from a reading of sub-section (1) of s. 31 it is evident that the corporation can make an application for seeking three reliefs, which do not include passing of a decree for recovery of the amount. under sub-section (2) the corporation is required to mention the nature and extent of liability of the industrial concern in the application. sub-section ..... issue (ii) rupee loans from (a) industrial development bank of india (idbi) (b) industrial finance corporation of india (ifci) (c)the industrial credit and investment corporation of india limited (icici) (d) life insurance corporation of india (lic) (e) unit trust of india (uti) (f) banks (iii) foreign currency loans fro ..... investigated that the title of the company was good. it further provided that the respondent-company should obtain necessary approval under the urban land (ceiling and regulation) act, 1956 for transfer of the land; that the company should broadbase its board of directors by inducting suitable persons with experience of industry, business and management; that the equity shares of ..... recalled their loans. in the circumstances the petitioners-institution, could serve the notice under the said section and initiate proceedings. the receipt of the notice has not been denied by the respondent-company. this issue is decided accordingly.43. issues nos. 4 and 5.issue no. 4 has been decided by g .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-20-1985
Reported in : AIR1986P& H366
1. In an accident between a motor cycle and the truck PUN 1781 coming from the opposite direction, Ram Singh, who was driving the motor cycle, was killed while the pillion rider Gian Singh sustained serious injuries. This happened on June 20, 1977, at about 4 p.m. on the road between Chandigarh and S.A.S. Nagar. 2. It was the finding of the Tribunal that it was the truck driver who was wholly to blame for this accident. A sum of Rs. 1, 08,000/- was awarded as compensation to the widow and children of Ram Singh deceased while Rs. 36,000/- were awarded to Gian Singh for the injuries suffered by him in this accident. 3. In appeal here, the challenge in the first instance was to the order of the Tribunal of Mar. 20, 1980, whereby the evidence of the respondents was closed and thereafter the impugned award was announced. The contention of Mr. L. M. Suri, counsel for the appellant-Insurance Company, being that as counsel had abstained from appearing in Court on that date in pursuance of a ca...
Tag this Judgment!