1. National Insurance Special Voluntary Retired / Retired Employees Association v. United India Insurance Co. Ltd.
General Insurance Employees’ Special Voluntary Retirement Scheme, 2004 - General Insurance (Employees) Pension Scheme, 1995 - If the employees avail of the benefit of such a Scheme with their eyes open, they cannot look here and there, under different schemes, to see what other benefits can be achieved by them, by seeking to take advantage of the more beneficial schemes, while simultaneously enjoying the more beneficial aspects of the SVRS-2004 Scheme.
Case Number : C.A. No. 10775 of 2018 26-10-2018
Petitioner's Advocate : Gautam Narayan
Bench : Hon'ble The Chief Justice, Hon'ble Mr. Justice Sanjay Kishan Kaul, Hon'ble Mr. Justice K. M. Joseph
Judgment By : Hon'ble Mr. Justice Sanjay Kishan Kaul
2. National Insurance Special Voluntary Retired/ Retired Employees Association v. Oriental Insurance Company Limited
Case Number : C.A. No. 10777 of 2018 26-10-2018
Petitioner's Advocate : Gautam Narayan
Bench : Hon'ble The Chief Justice, Hon'ble Mr. Justice Sanjay Kishan Kaul, Hon'ble Mr. Justice K. M. Joseph
Judgment By : Hon'ble Mr. Justice Sanjay Kishan Kaul
3. National Insurance Special Voluntary Retired/ Retired Employees Association v. New India Insurance Company Limited
Case Number : C.A. No. 10778 of 2018 26-10-2018
Petitioner's Advocate : Gautam Narayan
Bench : Hon'ble The Chief Justice, Hon'ble Mr. Justice Sanjay Kishan Kaul, Hon'ble Mr. Justice K. M. Joseph
Judgment By : Hon'ble Mr. Justice Sanjay Kishan Kaul
4. National Insurance Special Voluntary Retired/ Retired Employees Association v. National Insurance Co. Ltd.
Case Number : C.A. No. 10776 of 2018 26-10-2018
Petitioner's Advocate : Gautam Narayan
Bench : Hon'ble The Chief Justice, Hon'ble Mr. Justice Sanjay Kishan Kaul, Hon'ble Mr. Justice K. M. Joseph
Judgment By : Hon'ble Mr. Justice Sanjay Kishan Kaul
5. S. Sarojini Amma v. Velayudhan Pillai Sreekumar
Transfer of Property Act 1882 - Sections 122, 123, 124, 125 and 126 - “Gift” defined - Transfer how effected - Gift of existing and future property - Gift to several of whom one does not accept - When gift may be suspended or revoked.
Whether a document styled as gift deed but admittedly executed for consideration, part of which has been paid and the balance promised to be paid, can be treated as formal document or instrument of gift ?
Whether a gift deed reserving the right of the donor to keep possession and right of enjoyment and enforceable after the death of the executant is a gift or a will ?
Gift means to transfer certain existing moveable or immoveable property voluntarily and without consideration by one person called the donor to another called the donee and accepted by or on behalf of the donee. It would be clear that the execution of a registered gift deed, acceptance of the gift and delivery of the property together make the gift complete. Thereafter, the donor is divested of his title and the donee becomes absolute owner of the property.
A conditional gift with no recital of acceptance and no evidence in proof of acceptance, where possession remains with the donor as long as he is alive, does not become complete during lifetime of the donor. When a gift is incomplete and title remains with the donor the deed of gift might be cancelled.
There is no provision in law that ownership in property cannot be gifted without transfer of possession of such property. However, the conditions precedent of a gift as defined in Section 122 of the Transfer of Property Act must be satisfied. A gift is transfer of property without consideration. Moreover, a conditional gift only becomes complete on compliance of the conditions in the deed.
Case Number : C.A. No. 10785 of 2018 26-10-2018
Petitioner's Advocate : Harikumar V.
Bench : Hon'ble Mrs. Justice R. Banumathi, Hon'ble Ms. Justice Indira Banerjee
Judgment By : Hon'ble Ms. Justice Indira Banerjee
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