Court : Supreme Court of India
..... as the automatic consequence of a breach of warranty is discharge of the insurer's liability. such discharge of liability does not require any express conduct or representation from the insurer.35. it is not the appellant's case that the respondent had chosen to issue the marine insurance policy despite being informed by the ..... senior counsel to comment on the conduct of the surveyor is also of no relevance.21. insofar as the provisions relating to warranty, the manner in which the representation is required to be made has been considered in detail by this court in the case of rajankumar & brothers (impex) vs. oriental insurance company ltd., (2020 ..... commercial enterprises [everbright commercial enterprises pte ltd. v. axa insurance singapore pte ltd., 2001 sgca24 and kam hing trading [kam hing trading (hong kong) ltd. v. the people's insurance co. of china (hong kong) ltd., (2010) 4 hklrd630 , it was not the respondent's burden to have investigated the appellant's claim and informed .....
Tag this Judgment!Court : Supreme Court of India
..... 1 election petition no.34/2019, rejecting ia012020 2 under sections 81 and 84 read with sections 100(1)(d)(i)(ii)(iii) & (iv) of the representation of people act, 1951 (hereafter the act ). the election petition alleged, amongst others, that the appellant had furnished false information in form 26 (election affidavit); that the ..... say wide publicity, we mean that the same shall be done at least thrice after filing of the nomination papers.13. section 33-b inserted by the representation of the people (third amendment) act, 2002, provided inter alia, that no candidate shall be liable to disclose or furnish any such information, in respect of his election ..... or cases of conviction in the past, and to the political parties that set up such candidates. (a) candidates at elections to the house of the people, council of states, legislative assembly or legislative council who have criminal cases against them, shall publish a declaration about their criminal cases, for wide publicity in newspapers .....
Tag this Judgment!Court : Supreme Court of India
..... starch also, subject to a 4% tax to be levied w.e.f. 17th july, 1996 and not tax at 11%. g) questioning the aforesaid clarification, the appellant made a representation before the commissioner which came to be rejected on 28th june, 1999. the appellant was served with notices8 for recovery of general sales tax to the tune of rs 7 ..... starch; the said entry only applies to products listed within the brackets and excludes maize starch which is distinct from maize flour and not commonly understood as such by ordinary people or even dealers. being covered by entry 67 of part d of schedule i, it will be taxed at 11%. however, a request having been received from the appellant for .....
Tag this Judgment!Court : Supreme Court of India
..... air1982sc983: (1982) 3 scr318. these decisions have settled the legal position that outside the statutory provisions there is no right to dispute an election. the representation of people act is a complete and self-contained code within which any rights claimed in relation to an election or an election dispute must be found. the provisions of ..... by means of an election petition is neither common law nor fundamental right, instead it is a statutory right regulated by the statutory provisions of the representation of people act, 1951. there is no fundamental or common law right in these matters. this is well settled by a catena of decisions of this court ..... ... respondents judgment abhay s. oka, j.factual aspects1 these appeals arise out of an election petition filed by the first respondent under section 81 of the representation of the people act, 1951 (for short, the rp act of 1951 ). the election petition was filed by the first respondent in the madras high court questioning the validity .....
Tag this Judgment!Court : Supreme Court of India
..... and claim rights dies affecting the properties [prior]. to submitting their bid. the e-auction advertisement does not constitute and will not be deemed to constitute any commitment or any representation of the bank. the properties is being sold with all the existing and future encumbrance whether known or unknown to the bank and authorised officer secured creditor shall not be ..... participates in the auction and offers a particular bid. there is no compulsion that he should offer a particular price. when the sites auctioned are existing sites, without any assurance/representation relating to amenities, there is no question of deficiency of service or denial of service. where the bidder has a choice and option in regard to the site and price .....
Tag this Judgment!Court : Supreme Court of India
..... the applicant's application, the court would require of him to furnish. usually the court would ask for a cash security, but it may be satisfied on the applicant's representation that a cash security may be dispensed with. in rare cases, as in the illustration given 3 air1931allahabad 727 18 by me in my judgment in jhabboo misir's case .....
Tag this Judgment!Court : Supreme Court of India
..... consideration all relevant factors relating to such legitimate expectation . within the conspectus of fair dealing in case of legitimate expectation , the reasonable opportunities to make representation by the parties likely to be affected by any change of consistent past policy, come in. we have not been shown any compelling reasons taken into ..... person governed by the laws of this country would live in a state of fear and unrest, causing a chilling effect on the civil liberties of the people.46. hence, i am of the opinion that in the present case at hand, the authority must be held accountable to the legitimate expectation created by ..... and consistently in their decision-making processes. together, these principles promote transparency and accountability in government actions, and they help to maintain the trust of the people in the legal system. doctrine of legitimate expectation15 the doctrine of legitimate expectation, in simple terms, is a legal principle that arises when a public .....
Tag this Judgment!Court : Supreme Court of India
..... submissions: a. the term political party as it occurs in the tenth schedule relates to the association of persons registered under section 29a of the representation of the people act 1951. political party refers to the leadership structure subsisting on the date of the alleged prohibited conduct until the recognition of the political party and ..... limited extent of presenting a defence to the actions of the legislators which would otherwise have amounted to defection; and b. section 29a of the representation of the people act 1951 requires an association of individuals calling itself a political party to be registered 84 part e with the eci. the party need not have ..... political party from which their faction emerged.52 the unsuccessful group must now apply for the registration of its political party under section 29a of the representation of the people act 1951. the eci will allot a symbol to the political party when it is recognised as a state or national party under the symbols order .....
Tag this Judgment!Court : Supreme Court of India
..... government accountability and the principle of collective responsibility. the judgment underscored the 34 adam przeworski, susan c. stokes, bernard manin, democracy, accountability, and representation (cambridge university press 2012), at page 298. 35 (1997) 1 scc3571 part j responsibility of an individual minister to the legislature for any and every ..... of each of the ministers and of their departments. this creates a multi-linked chain of accountability, where the legislature is accountable to the people who elected them, and the government is collectively responsible to the legislature. this establishes a link between the electorate and the government. the ..... vol. 9 (22nd august 1949) 69 part j requires that parliament and the government, consisting of elected representatives, to be accountable to the people. the cabinet consisting of elected representatives is collectively responsible for the proper administration of the country and is answerable to the legislature for its actions. .....
Tag this Judgment!Court : Supreme Court of India
..... of the central or state laws are applicable to that particular civil appeal no.2202 of 2012 page 2 of 21 scheduled area. therefore, it was urged that the representation of the people act, 1950 (for short, the 1950 act ) and the delimitation act, 2002 (for short, the 2002 act ) are not applicable to the scheduled area in the absence of any .....
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