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SUPREME COURT OF INDIA

Year of decision: 2010
Details

Indian Penal Code, 1860, Section 192, 199 -- Company - Chairman - One cannot draw a presumption that a Chairman of a Company is responsible for all acts committed by or on behalf of the company - No material to connect the Chairman with the allegations - Ss.192, 199 IPC not incorporating principles of vicarious liability - Complainant had to specifically aver role of each..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Insurance Act, 1938, Section 64 -- Insurance claim - Damage of goods in transit - Breach of condition of Insurance Policy - In a contract of insurance the rights and obligations are governed by the terms of the contract - Terms of contract of insurance have to be strictly construed - No exception can be made on the ground of equity - In construing the terms of a contract..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Cheque issued for discharging liability - Cheque bounced due to insufficiency of funds - Accused absconding thereafter - Held, act of accused in issuing cheque without having sufficient funds and absconding thereafter by closing the business premises prima facie discloses fraudulent or..........

DELHI HIGH COURT

Year of decision: 2010
Details

Prevention of Women from Domestic Violence Act, 2005, Section 22 -- Interim order allowing stay/reside in house and awarding maintenance of Rs.10, 000/- per month - Order upheld in appeal but maintenance reduced to Rs.6, 000/- p.m. - Husband expired - Order did not specify as to which of the respondent out of the five would be liable to make the payment and why - Order..........

DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI

Year of decision: 2010
Details

Consumer Protection Act, 1986, Section 2(1)(r), 14(1)(d) -- Deposit - Non - refund - Unfair trade practice - Compensation - No cogent evidence produced before the District Forum that appellant was in any manner responsible for the conduct of the business of either of these companies arrayed in the complaint case or would be liable to the misdeeds of other Directors or..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 60(1), Order 37, Rule 1 -- Recovery of loan amount - Non-agriculturist - Liability to pay interest - Except pleading that he is an agriculturist, defendant has not produced any material in support of his contention - He himself mentioned his occupation as `business' in affidavit of his chief-examination - Held, it can be safely held that..........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Incomplete signatures - Not a ground to get rid of the penal liability of an accused u/s 138 of the Act especially when one of the reasons for dishonour of cheque is due to insufficiency of funds...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Motor Vehicles Act, 1988, Section 157(2), 140 -- Person died in an accident was a borrower of vehicle from the owner - Insurance company contended that the borrower stepped into the shoes of owner himself and thus insurer was not liable - Insurance policy merely cover the risk to the insured alongwith the pillion rider - Held, only liability for the insurer shall be to pay..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Presumption of - Cheque in question has been filled up in English, whereas, petitioner has signed the same in Punjabi - Held, this does not lead to inference that cheque is not legal and valid - Once petitioner has signed cheque in question, it leads to presumption that it had been issued by..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Motor Vehicles Act, 1988, Section 140, 147 -- Deceased traveling on the mud guard of tractor - Accident occurred when tractor turned turtle - Insurance company contended that the deceased was not authorised to travel on the mud guard of the tractor and there was no insurance cover for a person who is a passenger in a tractor - Held, even in a case where the liability to a..........

Showing : 1281-1290 of 2536 Results