Showing : 31-40 of 60 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Motor Vehicles Act, 1988, Section 147, 149-- Accident - Compensation - Claimant compensated by another Insurance Company for the same cause of action consequent to the same accident - Plea of claimant that the same does not debar him from making a claim under the statutory liability against the tort-feasor - Held, High Court not considering..........
DELHI HIGH COURT
Year of decision: 2009
Details
Medical negligence-- Deficiency in service - Under tort or under contractual obligation - Decided on the basis of fault liability - Case law about medical negligence discussed...........
DELHI HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Bankers cheque issued inspite of account attached by Income Tax Department - No offence is made out - Tort of negligence is not ingredient of an offence u/s 138 of Negotiable Instruments Act, 1881...........
DELHI HIGH COURT
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 304A-- Medical negligence - Patient went to a doctor who referred the case to another Hospital as equipment for his treatment was not available with him - Patient died - Medical Board exonerated the doctor - Held, that what may be negligence in civil law may not necessarily be negligence in criminal law..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Limitation Act, 1963, Section 22-- Continuing wrong - Tort feasor - When a right of way is claimed whether public or private over a certain land over which the tort feasor has no right of possession, the breaches would be continuing one...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Tort-- Continuous breach - Limitation - A suit for damages stands on a different footing vis-'-vis a continuous wrong in respect of enjoyment of one's right in a property - When right of way is claimed, whether public or private, over a land over which the Tort feaser has no right of possession, the..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Custodial torture and illegal detention-- Compensation - Award of in proceedings under Article 32 or 226 - Compensation against State is an appropriate and effective remedy for redress of established infringement of fundamental right under Article 21 of the Constitution of India, by a public servant - Quantum depends upon facts and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Motor Vehicles Act, 1988, Section 166-- Accident - Compensation - FIR tendered in evidence without any objection as to its contents - As liability in tort is to be fixed on preponderance of probabilities as such FIR being a public document is ex facie admissible in evidence - Apart from this, independent witness clearly stating that..........
MADHYA PRADESH HIGH COURT
Year of decision: 2004
Details
Motor Vehicles Act, 1988, Section 166, 168-- Joint tort feasors - Composite negligence - Death on account of act of two vehicles - Owner, driver and Insurer of one of the vehicles can be sued and it is not necessary to sue owner, driver and insurer of both the vehicles - Claimant may impleaded owner, driver and insurer of both the vehicles..........
MADHYA PRADESH HIGH COURT
Year of decision: 2004
Details
Motor Vehicles Act, 1988, Section 166, 168-- Joint tort feasors - Composite negligence - Apportionment - It is not necessary to apportion the claim when it is not possible to determine the ratio of negligence of joint tort feasors...........

Showing : 31-40 of 60 Results