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Dr. Kumar Rakesh vs Balwant Kaur Ors on 12 April, 2024

12. The aforesaid argument does not hold good unless the defendant no.1 to 3 had taken steps to apply to the concerned authority with the available sets of documents i.e. copy of the previous chain of documents and it cannot be assumed that on the basis of said documents, the said property could not have been converted. The defendants also did not examine any witness from the concerned authority to prove the said stand. In this regard, the decision was to be taken by the concerned land owning agency (i.e. L&DO) who had allotted the said property but in the absence of filing application by the defendants, the said situation did not arise. Moreover, if the defendant no.1 to 3 did not intend to get the said CS No. 609773/2016 Page no. 6 of 17 Dr. Kumar Rakesh vs. Balwant Kaur and ors.
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Bajaj Allianz General Insurance Co. ... vs Akram Hussain & Ors. on 18 July, 2011

11. Mr. Harpreet Singh Uppal, the learned counsel for the respondents No. 2 and 3, sought to rebut the aforesaid contentions of the learned counsel for the appellant by submitting that the Insurance Company had not taken any plea in its written statement that the breach of policy condition was wilful on the part of the insured. Furthermore, there was nothing on record to suggest that the keys of the offending vehicle were taken by the respondent No.2 with the consent of the insured. Mr. Uppal placed reliance upon the three- Judge Bench decisions of the Hon'ble Supreme Court rendered in the MAC. APP. 306/2009 Page 7 of 24 cases of Sohal Lal Passi vs. P. Sesh Reddy and Ors. 1996 ACJ 1044 and National Insurance Company Ltd. vs. Swaran Singh (2004) 3 SCC 297; the decision of this High Court in V. Mepherson and Anr. vs. Shiv Charan Singh and Ors. 1998 ACJ 601 and the decision of the Punjab and Haryana High Court in the case of Rakesh Kumar Arora vs. Balwant Singh 2001 (1) T.A.C. 677 (P&H).
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