AI Overview...
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Pay Obeisance as a Fundamental Right - The act of paying obeisance at religious sites, such as Gurudwara Dhamtan Sahib, is recognized as a fundamental right under the Constitution, emphasizing the importance of religious freedom and the right to worship. The right to perform religious acts is protected and cannot be denied arbitrarily, underscoring its status as a cherished constitutional guarantee Balbir Kaur VS State of Haryana - Punjab and Haryana.
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Fundamental Rights and Judicial Enforcement - Fundamental rights are not mere illusions; they are enforceable rights guaranteed by the Constitution, including the right to speedy trial and religious freedom. These rights are designed to be protected and made effective through judicial mechanisms, ensuring justice and liberty Balbir Kaur VS State of Haryana - Punjab and Haryana.
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Legal Principles in Insurance and Liability - Several sources discuss the doctrine of fundamental breach in insurance law, highlighting that breaches which are not fundamental do not necessarily void insurance contracts or absolve insurers from liability. Courts apply the main purpose rule and consider whether breaches are fundamental to the contract, affecting insurer liability. For example, irregular use of a vehicle or non-disclosure, unless fundamental, do not automatically nullify insurance coverage New India Assurance Company Ltd. VS Gompu Lepcha - Consumer, Oriental Insurance Co. Ltd. , Warangal VS Kammidi Rajireddy - Andhra Pradesh, NEW INDIA ASSURANCE COMPANY LTD VS KUNDAN SINGH - Allahabad, Oriental Insurance Co. Ltd. vs Krishna Batra - Delhi, MANJIT SINGH VS RATTAN SINGH - Himachal Pradesh, Silk Point VS Oriental Insurance Co. Ltd. - Gauhati, Susheela VS Chinthapalli Sarojini - Andhra Pradesh.
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Application of Doctrine of Fundamental Breach - Courts have emphasized that only breaches deemed fundamental—those that go to the root of the contract—justify denying indemnification or liability. The doctrine's validity has been debated, but recent judgments favor a nuanced approach where minor or non-fundamental breaches do not end the contractual relationship MANJIT SINGH VS RATTAN SINGH - Himachal Pradesh, Susheela VS Chinthapalli Sarojini - Andhra Pradesh.
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Judicial Precedents and Interpretation - Courts rely on judicial precedents to interpret insurance policy conditions and uphold the rights of victims and insured parties, applying the main purpose rule and considering whether breaches are fundamental. This approach ensures protection of third-party interests and maintains contractual integrity unless a breach is truly fundamental Oriental Insurance Co. Ltd. vs Krishna Batra - Delhi.
Analysis and Conclusion:
The sources collectively affirm that paying obeisance is a fundamental right protected under the Constitution, emphasizing the importance of religious freedom and the enforcement of fundamental rights. In the context of insurance law, the doctrine of fundamental breach plays a crucial role in determining liability; breaches that are not fundamental do not necessarily negate contractual obligations or insurer liability. Courts favor a balanced interpretation, prioritizing the main purpose of the contract and protecting the interests of victims and insured parties alike. Therefore, while fundamental rights like religious freedom are inviolable, contractual breaches are assessed based on their fundamental nature, and rights to justice and enforcement are upheld through judicial review.
Search Results for "Pay Obeisance is a Fundamental Right"
• India - Consumer
GEETA GURUNG, S.P.WANGDI, D.T.BHUTIA
taken on board excess number of passengers on vehicle by driver, without knowledge of owner as it cannot be said to be a breach so fundamental ... in nature as to put an end to contract—Appellant is liable to pay compensation awarded by District Forum. ... and 17—Insuranc—Damage to Goods Carrier Vehicle in accident—Appellant directed by District Forum settle insurance claim and to pay ... Even if one were to make a strictly doctrinaire approach, the very same conclusion would emerge in obeisance to the doctrine of readi....
1999 0 Supreme(AP) 297 • India - Andhra Pradesh
GHULAM MOHAMMED
travelling in a Jeep fell down and sustained bodily injuries due to accident - Insurance Company is liable to pay ... Even if one were to make a strictly doctrinnaire approach, the very same conclusion would emerge in obeisance to the doctrine of reading down the exclusion clause in the light of the main purpose of the provision so that the exclusion clause highlighted earlier. ... Ltd. , Hassan, AIR 1996 SC 2054, while considering the alleged breach of carrying humans in a goods vehicle more than the number permitted in terms of ....
2007 0 Supreme(All) 2512 • India - Allahabad
RAJESH TANDON
The court emphasized the insurer's liability unless there is a fundamental breach by the insured, and the need for the insurer to ... The court also highlighted the concept of fundamental breach and the main purpose rule in interpreting insurance policy conditions ... on the provisions of the Motor Vehicles Act, particularly Section 173, and emphasized the insurer's liability unless there is a fundamental ... Swaran Singh and others, (2004) 3 SCC 297. has laid down that the insurer can not avoid its liability unless there is any #HL_START....
• India - Delhi High Court
GAURANG KANTH
(Paras 10-12) ... ... (C) Right to Rely on Judicial Precedents - Ensured compensation for victims ... ... ... Findings of Court: ... The Insurance Company can be required to pay compensation, retaining rights to recover from the owner ... The Tribunals in interpreting the policy conditions would apply "the Rule of main purpose" and the concept of "fundamental breach" to allow defences available to the insured Under Section 149(2) of the Act. ... Even if one were to make a strictly doctrinaire approach, the very same conclusion would ....
1996 0 Supreme(HP) 179 • India - Himachal Pradesh
A.L.VAIDYA, A.K.GOEL
RD to such an extent that the owner of the vehicle i.e. the present appellant being denied the indemnification due to such use which may be irregular but cannot be said to be so fundamental a breach to put an end to the contract of insurance. ... Although this rule played a role in the development of the doctrine of fundamental breach, the continued validity of the rule was acknowledged when the doctrine was rejected by the House of Lords in Suissee Atlantique Societe d Armement Maritime S.A. v. N. V. ... Even if one were to make a strictly doctrinaire app....
2012 0 Supreme(Gau) 1023 • India - Gauhati
T.VAIPHEI
of shop – Held, Fact that appellant had exported of tea to Kazakhstan is also not disputed - Fact that Kazak Corporation did not pay ... It is the fundamental principle of insurance law that utmost good faith must be observed by contracting parties and good faith forbids either party from non-disclosure of the facts which the parties know. ... It is the fundamental principle of insurance law that utmost good faith must be observed by contracting parties and good faith forbids either party from non-disclosure of the facts which the parties....
2017 0 Supreme(AP) 482 • India - Andhra Pradesh
T.RAJANI
of the above rulings is in favour of protecting the interest of the third parties, by not considering the breaches which are not fundamental ... Cab, which is a light motor vehicle, the High Court has committed grave error of law in holding that the insurer is not liable to pay ... The Tribunals in interpreting the policy conditions would apply the rule of main purpose and the concept of fundamental breach to allow defences available to the insurer under Section 149(2) of the Act. ... Even if one were to make a strictly doctrinaire approa....
2015 0 Supreme(P&H) 777 • India - Punjab and Haryana
RAMESHWAR SINGH MALIK
obeisance at Gurudwara Dhamtan Sahib. ... Now, it is well settled that the right to speedy and expeditious trial is one of the most valuable and cherished rights guaranteed under the Constitution. Fundamental rights are not a teasing illusion to be mocked at. These are meant to be enforced and made a reality. ... Fair, just and reasonable procedure implicit in Article 21 of the Constitution creates a right in the accused to be tried speedily. Right to speedy trial is the right of the a....
2022 0 Supreme(J&K) 150 • India - Jammu and Kashmir
VINOD CHATTERJI KOUL
compensation or giving recovery right to insurance company to pay compensation is against settled legal position and to this extent ... knowing that driver was holding fake licence, owner permitted him to drive vehicle-In such circumstances, holding owner liable to pay ... is liable to be set-aside-Indulgence of this Court has rightly been invoked by appellant-Impugned award, to the extent it gives right ... In such circumstances, holding the owner liable to pay compensation or giving recovery #HL_START....
2005 0 Supreme(Guj) 805 • India - Gujarat
K.A.PUJ
That is why in obeisance to the felt needs of time it was considered necessary to entrust this most vital function to a neutral body. ... In a case of a dismissal, Article 21 gets attracted, and, in view of the interdependence of fundamental rights, the punishment/penalty awarded has to be reasonable; and if it be unreasonable, Article 14 would be violated. ... The Court has also observed that even if the punishment was required to be enhanced, the punishment of removal would not necessarily be justified especially more so when the Disciplinary Authority w....
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