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Insurance — Contract of Insurance/Policy/Terms/Cover Note — Multiple Insurance Policies/Double Insurance:

Liability of insurer with regard to fire incident at the warehouse of assured under the first policy is excluded, where fire incident also covered by a second policy (a “marine policy” as per terms of the first policy in this case) and the first policy excludes liability in such event. Exclusion clause(s) in insurance policy […]

Insurance — Contract of Insurance/Policy/Terms/Cover Note — Multiple Insurance Policies/Double Insurance: Read More »

Tort Law-Employees’ Compensation Act, 1923 — S. 3 —

Employer’s liability to pay compensation: Appellant driver of goods carrier meeting with serious accident resulting in his right upper limb above wrist joint being amputated consequent to which he losing his capacity to drive vehicle. Commissioner was justified in finding appellant’s disability at 100%. Para 9. Therefore, the impugned judgment cannot be sustained and will

Tort Law-Employees’ Compensation Act, 1923 — S. 3 — Read More »

Tort Law-Employees’ Compensation Act, 1923 — Ss. 30 and 3 — Maintainability of Appeal to High Court:

The view taken by the Commissioner had been a possible view of the matter in the given set of facts and circumstances. When no substantial question of law arising within meaning of S. 30 nor were findings of Commissioner perverse or suffering from any such manifest illegality as to give rise to a “substantial question

Tort Law-Employees’ Compensation Act, 1923 — Ss. 30 and 3 — Maintainability of Appeal to High Court: Read More »

Service Law — Dismissal/Discharge — Grounds for dismissal/discharge — Dismissal — Proportionality:

As allegations of fraud committed by employee concerned on employer Bank were fully established, superannuation of employee concerned in the meantime is not relevant. Bank employees always hold position of trust where honesty and integrity are sine qua non and it would never be advisable to deal with such matters leniently. Dismissal restored. Para 10

Service Law — Dismissal/Discharge — Grounds for dismissal/discharge — Dismissal — Proportionality: Read More »

Service Law — Pension — Entitlement to pension — Vested/accrued rights — Divesting of vested/accrued rights with retrospective effect — Permissibility:

Amendment having retrospective operation divesting employee of benefit already granted to him under existing Rules, violative of Arts. 14 and 16 of the Constitution. Employees who had opted for Pension Scheme had vested/accrued rights and any amendment to contrary made with retrospective effect taking away vested right accrued to employee under existing Rules was impermissible.

Service Law — Pension — Entitlement to pension — Vested/accrued rights — Divesting of vested/accrued rights with retrospective effect — Permissibility: Read More »

Service Law — Penalty/Punishment — Proportionality/Quantum of punishment:

Held, since no financial loss was caused to bank, on the contrary decision to reduce loan amount was taken in bank’s interest, and fact that in appellant’s service span of 28 years, no allegations were made against him, punishment of removal for charges proved and misconduct established, is too harsh and disproportionate. Substitution of punishment

Service Law — Penalty/Punishment — Proportionality/Quantum of punishment: Read More »

Labour Law- Industrial Disputes Act, 1947 — S. 10 — Matters to be considered for Determination of Territorial jurisdiction — Whether Labour Court at Delhi or Labour Court at Ghaziabad had jurisdiction:

Appellant workman employed as driver in Ghaziabad office, working at Ghaziabad and his services also terminated at Ghaziabad, Held, merely because workman after termination shifted to delhi and sent demand notice from there, and head office of management was in Delhi, it cannot be said that part cause of action had arisen in delhi. Issue

Labour Law- Industrial Disputes Act, 1947 — S. 10 — Matters to be considered for Determination of Territorial jurisdiction — Whether Labour Court at Delhi or Labour Court at Ghaziabad had jurisdiction: Read More »

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