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Wednesday, December 28, 2011

Refusal to register a document

Refusal to register a document under the Registration Act, has to be as per the Act

AIR 2011 AP 101
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Tender condition

AIR 2011 SC 2194
AIR 2011 Ori 112

Tender condition liable to be struck down if irrational and arbitrary.
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Impossibility of performance

AIR 2011 SC 1989

Law excuses when performance is impossible.
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Breach of policy condition

Even if there is a breach of policy condition, insurance company is liable to satisfy decree at first instance. It can later recover compensation amount from owner and/or driver of offending vehicle.
AIR 2011 Raj 104
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Wednesday, December 21, 2011

DRT has no power to condone delay

AIR 2011 MP 205
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Stay of SARFAESI proceedings

No civil court or consumer forum can stay the proceedings under SARFAESI. AIR 2011 Ori 164
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Wednesday, December 14, 2011

Subsequent addendum to justification/reasons of order - not permitted


Commissioner of Police v. Gordhan Das Bhanji, AIR 1952 SC 16, the Supreme Court has held as under :
"We are clear that the pubic orders publicly made in exercise of statutory authority cannot be construed in the light of explanation subsequently given by the officer making the order of what he meant or of what was in his mind or what he intended to do. Public orders made by the public authorities agreement to have public effect and are intended to effect the acting's and conduct of those to whom they are addressed and must be construed objectively with reference to the language used in the order Itself.