Certificate of Registration - The Legal Chamber

In this judgment, the Supreme Court held that executive mandates imposing superfluous requirements beyond statutory provisions constitute illegality in administrative law. It ruled that requiring a Cooperative Registrar's recommendation for stamp duty exemption under Section 9A of the Stamp Act is irrelevant and unnecessary, as a society's registration certificate is conclusive proof of its existence under Section 5(7) of the Cooperative Societies Act. Facts Of The Case: The appellant, Adarsh Sahkari Grih Nirman Swawalambi Society Ltd., a cooperative society registered under the Jharkhand Self-Supporting Cooperative Societies Act, 1996, challenged an executive memorandum issued by the Principal Secretary of the Registration Department, Jharkhand. The impugned Memo No. 494, dated Fe...

Supreme Court Judgment Based on the policy's "Limitation as to Use" clause, the Supreme Court ruled that an insurance company cannot deny liability for a utility vehicle registered and permitted as a "contract carriage" to carry passengers. The clause applies only to goods carriages, and the insurer, having issued the policy with full knowledge of the vehicle's registration and permit, is bound to indemnify the owner for third-party claims. The "pay and recover" order was set aside. Facts Of The Case: The case originated from a tragic accident involving a utility vehicle, which led to the filing of five separate claim petitions before the Motor Accidents Claims Tribunal (MACT) by the legal representatives of the deceased. The owner of the vehicle, Shyam Lal, was the appellant b...

Tag: Certificate of Registration

Illegal Memo Struck Down: Supreme Court Says Registration Certificate is Enough, No Need for Registrar’s Recommendation

Supreme Court: Insurance Can’t Deny Claim Based on Policy Clause When Vehicle Was Properly Registered & Permitted