IMPORTANT JUDGMENT SUPREME COURT, 30 JANUARY 2019

IMPORTANT JUDGMENT SUPREME COURT, 30 JANUARY 2019

1. Sumit Kumar Saha v. Reliance General Insurance

Insurance Law – Except in cases where the agreement on part of the Insurance Company is brought about by fraud, coercion or misrepresentation or cases where principle of uberrima fide is attracted, the parties are bound by stipulation of a particular figure as sum insured. Therefore, the surveyor and the Insurance Company were not justified in any way in questioning and disregarding the amount of “sum insured”. Further depreciation, if any, can always be computed keeping the figure of “sum insured” in mind. The starting figure, therefore, in this case had to be the figure which was stipulated as “sum insured”.

2. Delhi Dayalbagh Cooperative House Building Society Ltd. v. Registrar Cooperative Societies

Delhi Cooperative Societies Act, 2003 – Section 74(e), (f), (k), Section 80 and Section 91 Section 131 & 141 – “co-operative housing society” – “dwelling unit” – “occupancy right” – Permission for transfer of occupancy right not to be ordinarily refused and provision for appeal – Saving of existing co­operative societies – Repeal and savings – Discussed.

3. Delhi Dayal Bagh House Building Society v. Regitrar, Co-operative Societies

Case Number : C.A. No. 1316 of 2019 30-01-2019
Petitioner’s Advocate : Garima Prashad
Bench : Hon’ble Mr. Justice A. M. Khanwilkar, Hon’ble Mr. Justice Ajay Rastogi
Judgment By : Hon’ble Mr. Justice Ajay Rastogi

Important Supreme Court Judgment Pronounced on January 30

4. State of Bihar v. Dr. Sachindra Narayan

Anugraha Narayan Sinha Institute of Social Studies Act, 1964 – Sections 6, 8, 9, 10, 12, 16 and 17 – Anugraha Narayan Sinha Institute of Social Studies, Rules 1966 – Anugraha Narayan Sinha Institute of Social Studies, Patna Regulation, 1966 – Reg. 9 – Functions of the Board – Payment to Institute – The Institute Fund – Budget – Accounts and audit – Discussed.

Service Law – Pension – Payment of pension in the past will not confer an enforceable right in favour of the Institute or its employees.