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The principles laid down in Swaran Singh [National Insurance Co. Ltd. v. Swaran Singh, (2004) 3 SCC 297 : 2004 SCC (Cri) 733] and Lakhmi Chand [Lakhmi Chand v. Reliance General Insurance, (2016) 3 SCC 100 : (2016) 2 SCC (Civ) 45] in that regard would not be applicable to the case at hand. That apart, the insurer had taken the plea that the vehicle in question had no permit. It does not require the wisdom of the “Tripitaka”, that the existence of a permit of any nature is a matter of documentary evidence. Nothing has been brought on record by the insured to prove that he had a permit of the vehicle. In such a situation, the onus cannot be cast on the insurer.
by Sekar Reporter · Published April 8, 2024
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அதிரடி உத்தரவு JUSTICE N.SESHASAYEE W.P. No.7920 of 2022 K.R.Jayagopi … Petitioner Vs. 1.The Hon’ble Tamil Nadu Lokayukta.For Petitioner : Mr.V.Raghavachari Senior Advocate Assisted by Mr.S.T.Bharath Gowtham For Respondents : Mr.R.Shanmugasundaram Advocate General for R2 to R4, R6 Ms.S.Meenakshi for R1 Ms.M.Sneha for R5 To conclude, this petition is allowed, and this Court sets aside the order of the Lokayukta, dated 02.03.2022, and the complaint of the petitioner dated 13.01.2022 is remanded back to the Tamil Nadu Lokayukta, the first respondent, with a direction to revisit the same in the light of what have been hereinabove stated.
by Sekar Reporter · Published November 7, 2023
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Cpc G. Surya Narayanan Mhc Advt: Quote provision for the situation :
by Sekar Reporter · Published April 18, 2020