With all this you are seeing how memberji is causing different troubles. Gupta relying upon the decision in ABL International Ltd. However, it proceeded to state that the learned Single Judge had erroneously applied the law and further came to hold that the insured had violated certain terms of the contract. This letter shows that notwithstanding the assertions of the family to the contrary to suit a particular occasion, they were really living together as members of a joint family and the whole responsibility of the conduct of the affairs of the family was taken by the eldest member of it.
It is urged by her that in view of the express language of the Explanation (2) which excluded car air-conditioning kits which contained automotive gas compressor, with or without magnetic clutch, from the purview of Item No. In that application Govindprasad states: Whatever I have done, I have done with my earnings; I have given to my men family. While dealing with the grant of relief the court referred to the decision in Kumari Shrilekha Vidyarthi v.
, an instrumentality of State, had repudiated the claim of the claimant against which a writ petition was filed before the learned Single Judge of the Calcutta High lawyers Supreme Court of India praying for quashment of the repudiation. She has placed reliance on Collector of Customs v. Learned counsel has referred to Rule 2(a) of Rules of Interpretation and Section note 4 to Section XVI to highlight that while interpreting the section notes, the respondent would be disentitled to the benefit of the Notification since in the manner in which the goods came to be cleared, the compressor remained part of the air-conditioning kit.
3 which has been expressly held to cover car air-conditioning kits. P-59 is a copy of the application made by Govindprasad to the Secretary of State for India on May 19, 1922. 8 and that excluded part of the kit, namely, ˜automotive gas compressor will cease to be a part of Item No. The court referred to relevant Clauses of contract of insurance in the background of admitted facts. Thus if we apply the above principle of applicability of Article 14 to the facts of this case, then we notice that the first respondent being an instrumentality of the State and a monopoly body had to be approached by the appellants by compulsion to cover its export risk.
Export Credit Guarantee Corporation of India Ltd. Deoka Bai, W/O Sitaram Lala Kalar had no right to sell the same. 8 of the said Notification. The contract of insurance between the insured and insurer was primarily based on the contract between exporter and the Kazak Corporation. We are also of the considered opinion that the liability of the first respondent under the policy arose when the default of the exporter occurred and thereafter when the Kazakhstan Government failed to fulfil its guarantee.
The said Clause came to be amended on the very same day when the contract was signed by the exporter and the Kazak Corporation by way of an addendum. The policy of insurance covering the risk of the appellants was issued by the first respondent after seeking all required information and after receiving huge sums of money as premium exceeding Rs. From the correspondence as well as from the terms of the policy, it is noticed that existence of only two conditions has been made as a condition precedent for making the first respondent Corporation liable to pay for the insured risk, that is: (i) there should be a default on the part of the Kazak Corporation to pay for the goods received; and (ii) there should be a failure on the part of the Kazakhstan Government to fulfil their guarantee.
It is submitted by Ms. The Court opined the addendum in the obtaining facts therein had become an integral part of the original Clause 6 of the Contract. Learned counsel has also submitted that the reliance by the respondent on Boards Circular No. On facts we have found that the terms of the policy do not give room to any ambiguity as to the risk covered by the first respondent. 8 and would be liable to duty separately is not the correct conclusion and it requires to be reconsidered.
The Court further proceeded to deal with the Clauses in the agreement and held that alternative modes of payment of consideration were permissible as per Clause 6. In that context the Court further opined:- The terms of the insurance contract which were agreed between the parties were after the terms of the contract between the exporter and the importer were executed which included the addendum, therefore, without hesitation we must proceed on the basis that the first respondent issued the insurance policy knowing very well that there was more than one mode of payment of consideration and it had insured failure of all the modes of payment of consideration.
P- 5 dated January 21, 1922, is a public notice given by all the members of the family and published in ” The Maharastra ” on January 25, 1922. In the said case the Export Credit Guarantee Corporation of India Ltd. There is no allegation that the contracts lawyers in Supreme Court of India question were obtained either by fraud or by misrepresentation. In such factual situation, we are of the opinion, the facts of this case do not and should not inhibit the High Supreme Court of India advocates or this Court from granting the relief sought for by the petitioner.
The learned Single Judge after hearing parties came to the conclusion that the dispute between the parties arose out of a contract of insurance and the first respondent being a State for the purpose of Article 12, was bound by the terms of the contract and accordingly allowed the writ petition. After so stating the court ruled that there was no violation of the stipulations of the contract by the insured. 2 for obtaining licences, required to be taken by them, under Rules 65 and 67.
8 of the Notification, the entire kit would stand excluded from the scope of Item No. After so holding the Court opined once the State or instrumentality is a party to the contract, it has an obligation in law to act fairly, justly and reasonably which is the requirement of Article 14 of the Constitution of India, and therefore, being the instrumentality of the State, the Corporation had acted in contravention of the requirements of Article 14, and hence, the writ court could issue appropriate writ to nullify the arbitrary action.
1999 is irrelevant since the present dispute relates to period from 1991 to 1993 much prior to the issuance of the Boards circular. Elaborating the same, it is contended by her that the car air-conditioning kit cleared by the respondent was also having a corresponding clearance of gas compressor and the same constitute an air-conditioning unit and would be chargeable to duty as per serial no. This Court referred to number of decisions as regards the maintainability of the writ petition and expressed the view that merely because one of the parties to the litigation raises a dispute in regards to the facts of the case, the court entertaining such petition under Article 226 of the Constitution is not always bound to relegate the parties to a suit.
If Govindprasad had separated himself from the family, as it is now contended, he would not have joined in the issuing of this public notice, for, in that event he would not have had any interest in the ancestral property. 8 and thereby as a logical corollary the said air-conditioning kit which continues to be meant for providing air conditioning in cars would then revert to Item No. ” In unravelling a fraud committed jointly by the members of a family, only such letters that passed inter se between them can give the clue to the truth.
” I have so far helped all my brothers upto this day and have been helping them so far as possible in spite of experiencing such great miseries. Had I thought of passing my time by living separate, it could have been done in a good way; I would have not fallen in such difficulties. Learned counsel has referred to certain facts how the respondent was able to supply the order during the period August, 1991 to February, 1993 to avail the benefit under serial no.
The relevant Clause in regard to payment of the tea exported was incorporated in Clause 6. All traders, general commission agents, brokers, weighmen, measurers, and surveyors operating in the market area shall pay full fees for each market year or any part thereof as per Schedule given in Appendix No. In intra-court appeal the Division Bench opined that the claim of the writ petitioner involved disputed questions of fact and hence, could not be adjudicated in a writ proceeding under Article 226 of the Constitution.
Before parting with the case we must take note of another aspect which has been highlighted by Mr. Therein they asserted that in Nagpur ‘City they owned an ancestral property, consisting of a house, vacant land and a pacca well, constructed with stones for drinking water for the public, and that Mt. Nisha Bagchi, learned counsel appearing for the appellant that the view expressed by the Division Bench in paragraph 18 wherein it has been held that car air-conditioning kit minus automotive gas compressor with or without magnetic clutch will remain in the description of goods against Item No.
Maestro Motors[2], for in the said decision, as per the learned counsel, it has been held that when in a Notification exemption is with reference to an Item lawyers in Supreme Court of India the First Schedule to the Customs Tariff Act, then the interpretative rules would equally apply to such Notification. From the above, it is clear that when an instrumentality of the State acts contrary to public good and public interest, unfairly, unjustly and unreasonably, in its contractual, constitutional or statutory obligations, it really acts contrary to the constitutional guarantee found in Article 14 of the Constitution.
3 of the Notification as held by this Court in paragraph 14 of the earlier judgment. [16] and held thus:- 53. 479/45/99 CX dated 17.