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2006 (18-B/51) was made available by which during the investigation the arrest of the revisionists were stayed by the Hon'ble High Court, Allahabad therefore the accused/revisionists are not adversely affected by the disputed order dated 06. 1974, we shall restrict our attention only to this point. 33104 of 2014 is aggrieved by the Full Bench Judgment Advocates (moved here) of the Kerala High Court which was dismissed and consequently her appointment dated 01.

As such the insurance company will have to establish that the insured was guilty of an infringement or violation of a promise. Order passed by the Hon'ble High Court, Allahabad dated 18. Since the question which engaged the attention of the High Court in the impugned Judgment revolved around the fastening of the liability on the Respondent Nos. it seems to me that is a question of fact. Indiramma/private respondent.

2006 directing for further investigation. It is a question of the true inference which they (Commissioners) had to draw as a matter of evidence upon the facts which they had in evidence before them. District Court, Lucknow Court by its order dated 15. By this judgment, we dispose of Civil Appeal arising out of Special Leave Petition(C) No. 64(1) and (2) of the Act was not an absolute right and must be subject to the primary object of the Act itself, namely, the assessment and collection of income-tax, and where the exigencies of tax collection so required, the Commissioner of Income-tax or the Central Board of Revenue had the power under s.

31794- 95 of 2014 came to be set aside at the instance of O. Provided that, in the case of a person to be appointed as the Head of a night secondary school he shall not be the one who is holding the post of Head or Assistant Head of a day school, and the experience laid down in clause (b) of sub-rule(1) may be as a part time teacher. 2 to 4 in respect of transactions prior to the date of the execution of those documents, i.

This bar on the face of it operates on the person insured. If the insured has taken all precautions by appointing a duly licensed driver to drive the vehicle in question and it has not been established that it was the insured who allowed the vehicle to be driven by a person not duly licensed, then the insurance company cannot repudiate its statutory liability under sub-section (1) of Section 96. The appellant in Civil Appeal arising out of Special Leave Petition No.

For the sake of convenience, we refer to the parties as arrayed in Civil Appeal arising out of SLP (C) No. It will be a relevant reiteration that the entire claim of the Appellant Bank had been decreed against the Respondent Company. The expression ˜breach Advocates - moved here - occurring Advocates (moved here) in Section 96(2)(b) means infringement or violation of a promise or obligation. , Shri Badan Singh was before the Chief Judicial Magistrate and also no other ground has been taken in the Revision, hence there is no ground to interfere in the disputed order.

The inference is a question of fact just as much as the direct evidence of Advocates [recommended reading] fact, and it would be an appeal against facts, which we are not entitled to entertain and consequently there can be no Mandamus". Sub-section (2) of Section 96 only enables the insurance company to defend itself in respect of the liability to pay compensation on any of the grounds mentioned in sub-section (2) including that there has been a contravention of the condition excluding the vehicle being driven by any person who is not duly licensed.

It is relevant to note the various decisions rendered by this Court. If the person who has got the vehicle insured has allowed the vehicle to be driven by a person who is not duly licensed then only that clause shall be attracted. According to us, Section 96(2)(b)(ii) should not be interpreted in a technical manner. 5(7A) of the Act to transfer his case to some other officer outside the area where he resided or carried on business and any difference in his position created thereby as compared to that of others similarly situated would be no more than a minor deviation from the general standard and would not amount to a denial of equality before the law.

2010 in the school of the appellant in Civil Appeals arising out of Special Leave Petition Nos. This order was also made available in form of 18-B/37 and 39. In a case where the person who has got insured the vehicle with the insurance company, has appointed a duly licensed driver and if the accident takes place when the vehicle is being driven by a person not duly licensed on the basis of the authority of the driver duly authorised to drive the vehicle whether the insurance company in that event shall be absolved from its liability?

33104 of 2014 also as both the appeals arise out of the common Full Bench Judgment of the Kerala High Court. 30 234 The right conferred on the assessee by s. But to draw an inference of fact from evidence before you is not a question of law at all. 2002 passed an injunction against the respondent/complainant. Since at the time of passing the aforesaid order the further investigation conducted by the S. The insurer has also to satisfy the Tribunal or the Court that such violation or infringement on the part of the insured was wilful.

Note 1A: Fresh appointments to vacancies arising in the same or higher or lower category of teaching posts under the Educational Agency shall be made only after providing re-appointment to such teachers thrown out from service and protected teachers available under the Educational Agency.