Search Results Page
Search Results
1 - 10 of 18 (0.20 seconds)Section 5 in The Limitation Act, 1963 [Entire Act]
Section 5 in The Consumer Protection Act, 1986 [Entire Act]
Balwant Singh (Dead) vs Jagdish Singh & Ors on 8 July, 2010
In Balwant Singh Vs. Jagdish Singh and
Ors, V (2010) SLT 790=III (2010) CLT 201 (SC), it was held as
under:-
Mahant Bikram Dass Chela vs Financial Commissioner, ... on 3 August, 1977
In Mahant Bikram Dass Chela Vs. Financial
Commissioner and others, AIR 1977, S.C. 2221, it was held as
under:-
M/S.Suraj Mal Ram Niwas Oil Mills (P)Ltd vs United India Insurance Co. Ltd. & Anr on 8 October, 2010
25.
The Counsel
for the appellants, also placed reliance on M/s Suraj Mal Ram Niwas Oil
Mills (P) Ltd. Vs. United Insurance Co. Ltd. and Anr., 2011 CTJ 11 SC (CP),
to contend that the parties being bound by the terms and conditions of the
Policy, could not turn round, and say that, on account of violation thereof,
the repudiation of claim was illegal. There is, no dispute, with regard to the
factum that the terms and conditions of the Insurance Policy are in the shape
of a contract, between the insured and the insurer. The parties are, no doubt,
bound by the terms and conditions of the Insurance Policy. However, the
question arises, as to whether, the insurer was able to prove violation of the
terms and conditions or not. Had the insurer proved the violation of the terms
and conditions of the Policy, certainly, repudiation of the claim could be held
to be legal and valid. In the instant case, it has been held above, that there
was no violation of the terms and conditions of the Policy, on the part of the
insured, as it was not proved by Opposite Parties No.1 to 3, that the complainant
was under the influence of liquor, at the time, the accident took place.
Positive evidence of the Medical Officer/Doctor, who examined the complainant,
immediately, after the accident took place, in the Hospital aforesaid, was to
the effect that the complainant was not under the influence of liquor, though,
he had consumed alcohol. Under these circumstances, no help can be drawn by the
Counsel for the appellants, from M/s
Suraj Mal Ram Niwas Oil Mills (P) Ltd.`s case (supra).
The Code of Civil Procedure, 1908
The Motor Vehicles Act, 1988
Smt. Tara Wanti vs State Of Haryana Through The Collector, ... on 5 July, 1994
13.
The question, that
arises for consideration, is, as to whether, there is sufficient cause for
condonation of delay of 111 days, as per the applicants/appellants (as per the
office report 117 days), in filing the appeal, under Section 15 of the Act. It
was held in Smt.Tara Wanti Vs State of Haryana through the Collector,
Kurukshetra AIR 1995 Punjab & Haryana 32, a case decided by a Full Bench of the Punjab and Haryana High Court, that sufficient cause, within the
meaning of Section 5 of the Limitation Act, must be a cause, which is beyond
the control of the party, invoking the aid of the Section, and the test to be
applied, would be to see, as to whether, it was a bona-fide cause, in as much
as, nothing could be considered to be bonafide, which is not done, with due
care and attention. In New
Bank of India Vs. M/s Marvels (India): 93 (2001) DLT 558, Delhi High Court, it was held
as under:-