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Thursday, September 15, 2011

226 maintainable against private individuals

2010 8 SCC 329 (para 55)
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Wednesday, September 14, 2011

Contempt

Deliberately stating falsehood on oath is contempt. 2000 2 SCC 362

Reconsideration of a claim - especially stale claim

2008 10 SCC 115

Limitation: don't get hypertechnical

Don't get hyper technical, see and try to decide matters on merit. From the conduct of the of the party it can't be said that it had been absolutely callous and negligent.. It prosecuted the matter after it became aware of the non-appearance of its advocate. 2010 6 SCC 786
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Limitation

Not filing separate application for condonation of delay is not consequential if otherwise averments are made and sufficient cause is there
(2010) 12 SCC 159
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Monday, September 12, 2011

Nexus with cause of accident and reason for repudiation of claim

In absence of a nexus between license of a driver and the accident, insurer would not be liable to allow claim on non-standard basis. United India Insurance Company v. Gaj Pal Singh Rawat, 2010 NCJ 37 (NC)



Limitation: Whether or not pleaded, court is bound to consider as a preliminary question

State Bank of India v. BS Agricultural Industries Limited, (2009) 5 SCC 121