Court : Supreme Court of India
Reported in : 1999ACJ84; [1998]94CompCas663(SC); JT1998(7)SC167; 1999(2)KLT20a(SC); (1999)121PLR328; 1998(5)SCALE584; (1998)7SCC348; [1998]Supp2SCR295; 1999(1)LC56(SC)
..... to the sum equal to the total amount of premium paid under the policy without interest and not the entire sum for which the life had been insured. the forums under the consumer protection act committed gross error in construing clause 4-b of the policy and giving the same meaning to the two expressions in the aforesaid clause ..... 4b which reeds as follows :4. claused 4-b'notwithstanding anything mentioned to the contrary, it is hereby declared and agreed that in the event of death of life assured occuring as a result of intentional self injury, suicide or attempted suicide, insanity, accident other than an accident in a public place or murder at any time on ..... 4-b will not be attracted and, therefore, the appellant company will be liable to pay the entire sum for which the life has been insured together with interest thereon and the forums under the act did not commit any error in allowing the claim of the respondent.8. having examined the rival submissions and having examined the policy .....
Tag this Judgment!Court : Delhi
Reported in : AIR1982Delhi431; 22(1982)DLT29b; 1982(3)DRJ342; 1982RLR576
..... chapter v to compalsorily acquired land and building after payment of compensation to persons interested. section 12 to 18 deal with this aspect. (8) chapter vi deals with protection of tenants from eviction in slum areas. section 19 is the first section in this chapter .and the same has been 348 read, both before and after the ..... that there is enough guidance to the competent authority in the use of his discretion under s. 19(1) of the act and we, thereforee, reject the contention that s. 19 is abnoxious to the equal protection of laws guaranteed by art. 14 of the constitution......... the guidance which we have held could be derived from the enactment, ..... less commodious and more unhealthy surroundings than those from which they were evicted to remain in their dwelling until provision is made for a better life for them elsewhere. though thereforee, the act fixes no time limit during which alone the restraint on eviction is to operate, it is clear from the policy and purpose of the enactment .....
Tag this Judgment!Court : Chennai
Reported in : 1998(1)CTC247
..... the statutory protection applied clearly to all tenancies governed by the act irrespective of the nature of the rights of the person who leased ..... holder inducted a tenant. after the death of the life estate holder, the question was whether the tenant would be entitled to protection. the supreme court held that the tenancy created by the life estate holder would legally extend beyond her life by virtue of the provisions of tamil nadu cultivating tenants protection act, 1955 (act 25 of 1955). the supreme court observed that the terms of .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)ALLMR630; 1998(4)BomCR16
..... disability etc. article 6 of the international convenient on civil and political rights, 1966 assures that every human being has inherent right to life. this right shall be protected by law. article 7(b) recognises the right of everyone for the enjoyment of just and healthy conditions of work which ensures in ..... the aforesaid government resolutions cannot be successfully assailed on the ground that they fail to comply with the provisions of section 65 of the maharashtra universities act, 1994.37. the next issue related to the applicability of the government resolutions prescribing one year medical service to bombay municipal colleges also. shri ..... of maintaining such standards the universities lay down certain minimum qualifications for eligibility for entrance in those faculties. these ordinances and regulations made under the acts lay down the minimum qualifications required for eligibility and are not to be confused with rules for admission. a candidate may have the minimum qualification .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All119
..... to the whole land. this is not only contrary to law but offends against one's sense of equity and justice. he is entitled to the protection of section 60 of the easements act against ejectment from the site en which he has built the house, but not against ejectment from the land surrounding the house. the parties were on ..... the plaintiff's khandahal about 35 years prior to the suit and had been living in it ever since. accordingly, it held that the defendant was protected by section 60 of the easements act and dismissed the plaintiff's suit in toto. the learned judge also held that the suit was barred by limitation. the plaintiff has now come to ..... to live in it ewer since. the defendant pleaded that as he had constructed the house at his own expense he was a licences whose licence was protected by section 60 of the easements act and irrevocable.3. the trial court believed the plaintiff's version and held that the defendant was a tenant; consequently it passed the decree against the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001ACJ1834; AIR2000Raj327; 2000(4)WLC311
..... court observed that the interest cannot be claimed under section 34, ipc as its provisions have not been specifically made applicable to the proceedings under the consumer protection act 1986. however, the apex court held that the general provision of section 34 being based upon justice, equity and good conscience would authorise the redressal forums ..... the trial court failed to prove issue no. 1. moreover, considering aspect of the application of section 45 of the insurance act, 1938 duty adopted by section 43(1) of the life insurance act, 1938 (sic), the trial court concluded that in the case of pannalal policy-holder of aforesaid three policies in dispute, second ..... in question, but declined to grant interest on the decretal amount. hence, this first appeal is confined only to the question of liability of the respondent, life insurance corporation branch, jhalawar (for short 'lic') to pay interest for the period after the death of policy-holder and upon repudiation of their claim having .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)141PLR420
..... r. gopal v. k.g. banumathi and ors., 2000(2) marriage law journal 527.9. the provisions of section 25 and 26 of the act have been introduced in the act for the purpose of protecting interests of such a spouse against whom a decree has been passed and more particularly, when such a spouse happens to be a wife, the courts ..... that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant, the conduct of ..... not lose sight of the fact that the couple has three grown up and marriageable daughters born out of the wedlock. they cannot be left to bear the vagaries of life and, therefore, directed the appellant to perform certain obligations. it was directed that appellant-husband would transfer house no. 517-a situated in mohalla gher sodhian, patiala, where .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(233)SC2; 2009(2)SCALE271; 2009(2)LC473(SC)
..... its complaint is pending from 13.2.2006.30. coming to the question of grant of interim order during the interregnum, i am satisfied that unless some interim protection is given till the constitution of the water disputes tribunal by the central government, the objection raised by the state of orissa will be rendered infructuous, which ..... central and state governments to solve this problem, nor given the facilities for this.9. in my opinion the right to get water is a part of right to life guaranteed by article 21 of the constitution. in this connection, it has been observed in delhi water supply & sewage disposal undertaking and anr. v. state of haryana ..... the cauvery water disputes tribunal : air1992sc522 , wherein the same question regarding the exclusion of the jurisdiction of the supreme court under section 11 of the 1956 act read with article 262 of the constitution was under consideration and it was held that the tribunal could pass interim orders in any pending water dispute when a .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(3)BomCR562; 2004(2)MhLj1017; [2004]135STC25(Bom)
..... judicial decisions, an exception to article 301 has been carved out and it has been held that the taxes which are compensatory or regulatory in nature are protected from the vice of unconstitutionality. in the present case, it is contended by the state that the entry tax is levied to compensate those local areas ..... have chosen to purchase rawmaterials from within the state. as a result, sale of the said rawmaterials within state and consequently collection of sales tax underthe bst act has increased substantially. thus due to entry tax, theimports have dwindled and sales within the state have increased.in these circumstances, in the absence of any ..... it discriminates between the petitioner and persons similarly placed only by virtue of the fact that the petitioners purchase furnace oil outside maharashtra.(c) that the said act violates the petitioner's fundamental right to free trade under article 19(1)(g) of the constitution by imposing unreasonable restriction in the manner indicated above.6 .....
Tag this Judgment!Court : Kerala
Reported in : (1972)IILLJ546Ker
..... be in converavention of the award and consequently illegal. yet another contention urged bycounsel is that ext. p6 is in contravention of section 49 of the life insurance corporation act, 1956 inasmuch as it is not made by the corporation and it was not finalised with the previous approval of the central government. it is also ..... evidently been intended to enlarge the scope of the terms as otherwise the meaning would have been limited to the 'state' in the narrow sense. the protection that is granted to the citizen against arbitrariness in executive as well as legislative action is apparently intended to be available not only against the state in the ..... iv that the state shall strive to promote the welfare of the people by securing and protecting as effectively as it may, a social order in which justice, social, economic and political, shall inform all the institutions of the national life is followed by the provisions which enumerate particular directions the state policy should take and .....
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