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Others Judgments and Orders

Health Hazard-Telecom Tower erection

 18 February 2009

We notice that the Panchayat has as on today no scientific data or relevant materials to cancel the licence already granted on the ground that the installation of the Tower would cause any health hazards. Licence granted has been cancelled by the Pan..

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consent of a patient necessary for surgical procedure

 14 February 2009

if the patient been conscious, and informed about the need for the additional procedure, the patient might have agreed to it. It may be that the additional procedure is beneficial and in the interests of the patient. It may be that postponement of th..

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consumer protection act

 26 January 2009

Recent judgment under consumer protection act against Insurance company relating to question of reimbursement of repairing costs...

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Section 8 of Arbitration and Concilation ACt

 03 December 2008

Arbitration and Conciliation Act, 1996 — Sections 8, 16, 45 and 54 — Reference to Arbitration — Judicial authority must refer the dispute which is the subject-matter of an arbitration agreement if an action is pending before him, subject to the..

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Additional Premium

 21 October 2008

Consumer Protection Act, 1986 - Section 21 - Insurance - Additional Premium - Fire policy for 3 plants - Insurance cover for flood risk only for one plant situated within same complex - Additional premium collected as corrective action for entir..

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Insurance - Advantage of its own wrong

 21 October 2008

Insurance - Advantage of its own wrong - In salary saving scheme where employer duty bound to remit premium to LIC and employer failed to do so - LIC also failed to inform employee about non payment and its consequences - Now after death of employee..

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Recovery citation - Against guarantor

 26 September 2008

(A) State Financial Corporation Act, 1951 , Section 29 - Uttar Pradesh Public Money's Recovery of Dues Act, 1972 - Recovery citation - Against guarantor - First recovery citation issued on 3.9.1993 - Same was challenged under writ petition - Another ..

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Discharge simpliciter - Wrong mentioning of provision

 22 September 2008

Army Act, 1950, Sections 20, 22 and 63 - Discharge simpliciter - Wrong mentioning of provision - Authority having power under the law - Merely because while exercising that power the source or power is not specifically referred to or a reference is m..

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Reference - Only a question of law can be answered

 18 September 2008

(A) Kerala Agricultural Income Tax Act, 1952, Section 60 - Speaking order - High Court not even indicated as to why it considered the conclusions of the Assessing Authority and the Appellate Authority to be unsustainable - Open to High Curt not to an..

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Equal pay for equal work

 04 September 2008

(A) Bihar Non Government Secondary School (Taking over Management and Control) Act, 1981, Sections 2(d), 3 and 19 - Proprietary School - Grant of recognition - To take over the school - Direction sought - School being managed by managing Committee an..

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Will- Genuineness

 04 September 2008

(A) Will - Genuineness - Burden of proof - Is on propounder of the Will to remove any suspicious circumstances. (Para 7) (B) Will - Genuineness - Finding of fact - Finding of High Court as well as First appellate Court is that there were suspici..

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Section 147 of Motor Vehicle Act, 1988-Pillion-rider not cov

 03 September 2008

Section 147 of Motor Vehicle Act, 1988-Pillion-rider not covered Under statutory insurance policy. ..

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Question of LAW

 01 September 2008

Kerala Agricultural Income Tax Act, 1952, Section 60 - Speaking order - High Court not even indicated as to why it considered the conclusions of the Assessing Authority and the Appellate Authority to be unsustainable - Open to High Curt not to answer..

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Right to emergency care

 28 August 2008

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Dismissal summarily is unwarranted

 13 August 2008

One of the fundamental norms of judicial process is that arguable questions either legal or factual, should not be summarily dismissed without recording a reasoned order...

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whether or not time was of the essence of the contract

 27 July 2008

HIND CONSTRUCTION CONTRACTORS PETITIONER: Vs. THE STATE OF MAHARASHTRA RESPONDENT..

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Bar Council’s role in Legal Education reiterated

 17 June 2008

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Equal pay for equal work

 17 June 2008

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Judgment-meaning

 17 June 2008

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doctrine of proportionality

 17 June 2008

where this Court considered the question of doctrine of proportionality ..

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