Court : Punjab and Haryana
Decided on : Apr-15-1986
Reported in : 62CompCas120(P& H)
prem chand jain, c.j.1. this order of ours will dispose of lpa nos. 294 and 295 of 1984, as a common question of law is involved in both the appeals.2. it is not necessary to state the facts, as there can be no gainsaying that the appeal is covered by a division bench judgment of this court in shri ajit singh v. sham lal,  plr 314 ;  59 comp cas 946. however, the said judgment is being distinguished by mr. bhagirath dass seth, learned senior counsel, by contending that a specific plea had beenraised that the liability of the insurance company did not extend to the entire amount awarded, but was limited to rs. 50,000. we are afraid, we are unable to agree with this submission of the learned counsel. a similar contention was raised before the learned single judge (national insurance co. ltd. v. maya devi  58 comp cas 241), which was repelled thus (at page 242):'the amount claimed as compensation in this case was rs. 1 lakh which was ultimately the amount awarded to the claimants. in the return filed by it, the insurance company had indeed raised the plea that its maximum liability was rs. 50,000, if at all it was held liable. the most important evidence on this issue was undoubtedly the insurance policy itself. what is on record, however, is only exhibit r-1 which appears to be a carbon copy of the policy of insurance and that too of only a part thereof. in the column, limits of liability, the figure, rs. 50,000, is mentioned, but it is against the column ' .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-09-1986
Reported in : I(1987)ACC50; 62CompCas218(P& H)
prem chand jain, c.j. 1. this judgment of ours would dispose of this and the connected appeals, lpa nos. 1222 to 1226 of 1983, as a common question of law arises in all these appeals. 2. it is not necessary to state the facts as the only point involved in these appeals is about the liability of the insurance company. it is submitted by learned counsel for the appellants that in case his contentionon the basis of which he wishes to distinguish the division bench judgment of this court in ajit singh v. sham lal  plr 314 ;  59 comp cas 946, is not accepted, then in view of the said judgment, the appeals are without any merit. what is sought to be argued by. mr. malhotra, learned counsel for the appellants, is that the decision in ajit singh's case,  plr 314;  59 comp cas 946 (p & h), is not applicable to the facts of the case in hand as a specific plea was raised by the insured himself that the liability of the insurance company was to the extent of rs. 50,000 only. in support of this contention, learned counsel made reference to an application made by the insured before the tribunal, in which it is stated in para 7 that under the said policy of insurance, the liability of the insurance company is rs. 50,000 per case. the learned counsel also drew our attention to the grounds in the appeal filed by the insured against the award of the tribunal, wherein also it is specifically stated that the liability of the company was only to the extent of rs. 50,000. 3 .....Tag this Judgment!
Court : Delhi
Decided on : May-22-1986
Reported in : 30(1986)DLT225
d.k. kapur, c.j. (1) this lpa raises the same points that were raised in some other writ petitions decided by the division bench in sd. sharma v. trade fair authority 1985 slr 670. the employees of the trade fair authority bad filed writ petitions to challenge their removal from service in almost exactly the same circumstances as in the case of amar nath bhatia the respondent in this case. there was a meeting or demonstration held on 3.2.81 by the employees of the trade fair authority in which certain speeches were made. shri s.d. sharma was one of the speakers. (2) there was a news item on 4.2.81 in the patriot. there was an enquiry which led to the removal from service of shri s.d. sharma. an appeal to the managing director failed. then a writ petition was filed. there were some other employees who similarly filed petitions. in the division bench judgment the conclusions were as follows : (i)the charges had been proved against the petitioner ; (ii)the trade fair authority was 'state' within the meaning of articles 12 and amenable to the jurisdiction of the court. (iii)the employees of the trade fair authority were in public employment and hence adverse action could not be taken against them without following the principles of natural justice and fair hearing had to be granted such as right to cross- examine etc. (3) any employee whose services had been illegally terminated was entitled to be reinstated. in the result the petitions were allowed. (4) learned counsel for the .....Tag this Judgment!
Court : Delhi
Decided on : Aug-08-1986
Reported in : 30(1986)DLT410
d.k. kapur, c.j (1) there are two appeals before the court, both directed against the judgment of wad j., in civil writ no. 268/81 delivered on 17th april, 1984. one appeal is on behalf of shri k.m. sebastian shri a.mitra, shri d.r. julka and shri y.p.kapoor, and the other appeal is by the union of india. the concerned respondent in each case is shri r. srinivasan, who was the petitioner in the aforementioned writ petition. the grievance of the petitioner in the said writ petition can be shortly stated. he was a member of the military lands and cantonments service class-i, later converted into the defense land and cantonments service the promotion form this post was to the post of deputy director/assistant director in the service. formerly, this post was known as assistant director. in 1971, there were two vacancies to which shri d.c. choudhari and shri harpal singh, were promoted. it appears that then there were three more vacancies, which resulted in the promotion of shri gamkhar, shri anantharaman and shri krishnaswamy. in 1972, there were five vacancies. the persons promoted were shri sethi, shri oberoi, shri bedi, shri kumaran, and srinivasan. shri srinivasan, who was the petitioner in the writ petition, joined the post on 22nd august, 1973. in 1974, there were five vacancies ; the promotees were shri k.m. sebastian, a mitra, shri j.d. julka, shri y.p. kapoor, and shri s.r.lakshmanan. of these, shri k.m. sebastian, shri a. mitra and shri d.r. julka were respondents 4 to .....Tag this Judgment!