Court : Supreme Court of India
..... as regards the contention that the driver of the vehicle was not duly licensed as he possessed a fake license, it may be noted that neither section 149(2)(a)(ii) of the act of 1988 nor the driver clause in the subject 5 insurance policy provide that the owner of the insured vehicle must, as a rule, get the driving licence of the person ..... applying the aforestated edicts to the case on hand, it may be noted that the petitioner-insurance company did not even raise the plea that the owner of the vehicle allowed ujay pal to drive the vehicle knowing that his licence was fake. ..... facts, to the extent germane, may be noted: one dharambir suffered fatal injuries on 09.05.2010, when the tempo vehicle bearing registration no.hr69d-0246, driven in a rash and negligent manner, hit his motorcycle. ..... it would be apposite at this stage to note the statutory milieu pertinent to this case. ..... the bench noted that section 3 (2004) 3 scc2979 149(2)(a) opened with the words: that there has been a breach of a specified condition of the policy , which would imply that the insurer s defence of the action would depend upon ..... noting that the proposition of law is no longer res integra that the person who alleges breach must prove the same, the bench observed that an insurance company would be required to establish the said breach by cogent .....
Tag this Judgment!Court : Supreme Court of India
..... the mandatory duty of the court in confirming its own jurisdiction has been taken note of and dealt with succinctly by griffith, c.j.in federated engine drivers and firemen s association of australasia v broken hill proprietary co. ..... pritpal singh, 2013 scc online sc1345 and such distinction was taken note of in akkode jumayath palli paripalana committee [akkode jumayath palli paripalana committee v. p.v. ..... this case is a classic example of the unfortunate situation taken note of and lamented by right honorable sir james colvilbe in general manager of the raj durbhunga v. ..... one has to see the consequence while taking note of the huge pendency of the cases before various courts in the country. ..... more recently, this position has been noted in a three-judge bench decision of this court in manish kumar v. ..... as the impugned order was passed noting the dictum laid by this court in ramesh gobindram (supra), there is no need for interference.12. ..... this court has taken note of the earlier decision rendered in ramesh gobindram (supra) and held that after the amendment made by the act 27 of 2013, the basis of the said decision is correctly removed. ..... for respondent no.8, the wakf board, submitted that even prior to the decision rendered in ramesh gobindram (supra), there was ample jurisdiction to try all suits pertaining to a wakf and wakf property, a fact correctly taken note of in rashid wali beg (supra). ..... , as well as, a number of further judgments noted above.59. .....
Tag this Judgment!Court : Supreme Court of India
..... . in 2018, the international law commission (ilc) adopted its draft conclusions on subsequent agreements and subsequent practice in relation to the interpretation of treaties ( ilc draft conclusions ).58 the ilc draft conclusions note that under the scheme of the vclt, subsequent agreements and subsequent practice, being objective evidence of the understanding of the parties as to the meaning of the treaty, are authentic means of interpretation of ..... dcit13, and the itat delhi decision in mitsubishi electric india pvt ltd v commissioner of income tax 14 where the tribunal has noted the difference in triggers of the mfn clause such as one which is (a) automatic (india-sweden) (b) requiring notifying authority of other state (india-philippines) (c) ..... . 54 bruno simma further emphasizes the relevance of subsequent practice for the understanding of a treaty, noting that subsequent practice denotes the decisive consent of the parties, and acts as a cogent, peremptory means of treaty ..... highlighted that 16 (2021) 432 itr471sc) 17 (2016) 382 itr11417 the entry of the three countries: lithuania, slovenia, and colombia, into oecd were duly noted in subsequent orders and given effect to, wherever necessary.30. ..... . at this stage, it would also be useful to note that the second protocol, by article 16, had provided that: article16the governments of the contracting states shall notify each other through diplomatic ..... it is argued that no such reservation was noted by india for mfn in clause iv of .....
Tag this Judgment!Court : Supreme Court of India
..... . at this point, we may also usefully refer to the conclusion of the rajasthan high court in urban improvement trust v shri padmanand27, where after analysing the provisions of the act 1959, it was noted as under:"15..............in our view, a close scrutiny of the provisions of the 1959 act leave no doubt that the improvement trust, created under the aforesaid act, works as an agent or instrumentality of the state ..... . notwithstanding the mutation correction not being carried out in the revenue records by the purchasers, the appellate court noted that the plaintiff had already applied before the district magistrate for conversion of 1 bigha land for establishing petrol pump and noc for the said purpose was issued in ..... . shafi16 are relevant in this context where the significance of giving proper notice was noted as under: 8 ..the object of issuing a notification under section 4 of ..... . while granting relief for the 1 bigha land, the learned trial judge noted that possession of the same was restored to the plaintiff after due permission from the state government and ..... . vithal rao26, would be relevant in this context where, it was noted that the acquisition is for the trust and may be at its instance, but nevertheless the ..... . the appellate court concluded in favour of the plaintiff after noting that no opportunity of hearing was provided to the plaintiff for acquisition of the land and furthermore, the plaintiff, gordhan dass was enjoying undisturbed possession .....
Tag this Judgment!Court : Supreme Court of India
..... no known jurisprudence or case law (yet) pointing to the absence of law being considered as discrimination as understood under article 235 part e15 here, i would like to sound a note of caution (which, though obvious, bears repetition) the manner in an issue is framed impacts the analysis of the issue. ..... drafted generally on the lines of the existing special marriage act of 1872 and the notes on clauses attached thereto explain some of the changes made in the bill in greater ..... drafted generally on the lines of the existing special marriage act of 1872 and the notes on clauses attached hereto explain some of the changes made in the bill in greater ..... in the context of the present debate, in nalsa (supra), this court took note of the yogyakarta principles and principle on right to equality and non- discrimination enshrined ..... in navtej (supra), the concurring opinion authored by one of us (justice dy chandrachud) noted that article 15 prohibits discrimination, direct or indirect, which is founded on a stereotypical understanding ..... 184 the right to access good roads,185 and a suitable accommodation which would enable them to grow in every aspect mental, physical, and intellectual.186 183 margaret trawick, notes on love in a tamil family (university of california press 1992) 184 mc mehta v. ..... the house of lords accepted the respondent s arguments.176 it noted that the rationale of the rent act was that the security of tenure in a house which a couple had made their home ought not to depend upon .....
Tag this Judgment!Court : Supreme Court of India
..... *** when the state is an applicant, praying for condonation of delay, it is common knowledge that on account of impersonal machinery and the inherited bureaucratic methodology imbued with the note-making, file-pushing, and passing-on-the-buck ethos, delay on the part of the state is less difficult to understand though more difficult to approve, but the state represents collective cause of the community ..... sen put forth the contention that the high court, in due exercise of its discretion, had chosen the pragmatic path while noting that the negligence in pursuing the appeal did not amount to callousness; it was in this light that the high court had condoned the delay after imposing heavy costs on the first ..... the claim on account of impersonal machinery and inherited bureaucratic methodology of making file notes, it was held, not acceptable in view of the modern technologies being used and ..... while refusing to condone the appellant s delay, it was specifically noted that condonation of delay at that stage would be prejudicial to public 8 (2019) 10 scc408 11 interest as one of the respondents therein (delhi metro rail corporation) had received large amounts of money years ago to carry out development on ..... living media india limited & anr.6, this court noted that in cases when there was no gross negligence, deliberate inaction, or lack of bona fides, a liberal concession ought to be adopted to render substantial justice but on the facts before the court, the appellant could not .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... 200255 of 2023 present petitioner so as to attract section 306 of ipc; the deceased basavaraj committed suicide on 12.02.2023, as petitioner issued show cause notices to him and harassed him, thus, he committed suicide by leaving death note in his pocket, noting that all accused persons are responsible for his death. ..... house on his motorcycle and on the same night, at 10.00 pm, the brother of complainant mallangouda informed her that, basavaraj hanged himself to a neem tree in the tahsildar office premises by leaving death note in his pocket, noting that all accused persons are responsible for his death. ..... merely because a person has been so named in the suicide note, one cannot immediately jump to the conclusion that, he is an offender under section ..... who commit suicide used to/liked to leave a suicide note naming certain persons as responsible for his committing suicide. ..... whereas, in the instant case, there is suicide note left by the deceased and in addition to that, there is material on record in the form of assertions made by his wife in her reporting ..... the contents of the suicide note and other attending circumstances have to be examined to find out whether it is abetment within the meaning of section 306 of ipc read with ..... properly, the petitioner - accused no.3 being beo of sindagi, issued two show cause notices and called explanation from him, in this regard, deceased basavaraj committed suicide on 12.02.2023 by leaving death note in his pocket, wherein, - 8 - nc:2023. .....
Tag this Judgment!Court : Karnataka
..... s-20 reveals that shri vasudev, executive engineer has recorded a note as follows: hence the valuation of shri s.n.jha was never superseded by any other estimates. ..... s-20 has evaluated the ground floor at rs 4,85,300 and a note to the effect that 10% should be allowed for self- supervision and procurement of material has also been recorded at the end. ..... ajay kumar tyagi (supra) failed to take note of the coordinate bench judgment in radheyshyam kejriwal v. ..... ajay kumar tyagi (supra) which is a judgment of a bench of three learned judges but which took no note of the earlier decision in radheyshyam kejriwal v. ..... ajay kumar tyagi (supra), the supreme court noted that the decision in p.s. ..... it must be noted here that faced with a similar dilemma, two learned single judges of the kerala high court and jammu & kashmir high court have come to the conclusion that it is state (nct of delhi) v. ..... despite noting the aforementioned decisions, the decision in state (nct of delhi) v. ..... it however takes note of p.s. .....
Tag this Judgment!Court : Supreme Court of India
..... the requirement pleaded by them cannot be held as malafides, and by noting that no other argument is advanced, the high court dismissed civil revision no.2121 of 2009.9. ..... , shop room no.2) are unavailable because shop room no.1 was let out to a partnership firm, m/s amrit lal and sons, by rent note dated 02.05.1994 and the tenanted premises to amrit lal s/o chaman lal vide rent note dated 07.02.1989. ..... we have perused the record and taken note of the rival contentions.13. ..... the high court noted that the dismissal of an earlier application against one of the tenants is not a ground for dismissal of another ejectment petition filed by the landlord. .....
Tag this Judgment!Court : Supreme Court of India
..... by a detailed order dated 10th december 2010, the same learned judge (who dismissed the petition of the appellant) noted that aggarwal was taking defence under exceptions to section 499 ipc and that the court cannot take the defence of the petitioner into account to quash the summoning order or to quash the complaint . ..... this court emphasised the need for application of judicial mind by the judicial magistrate, while noting the consideration of the fourth exception to section 499, ipc at the stage of issuance of process. ..... bearing the above principles in mind, we have perused the decisions, apparently striking discordant notes, with utmost care. ..... we will be failing in our duty if we do not take note of the submission of mr. ..... it is pertinent to note that bhartiya vehicles & engineering pvt. ..... we note that in a different context, this court in national bank of oman v. ..... as noted above, in vadilal panchal (supra) the order of the presidency magistrate dismissing the complaint on the ground that the accused had exercised his right of self-defence was restored upon setting aside of the order of .....
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