Employees Compensation Act, 1923, Section 4A(3)(b) -- Compensation - Insurance Company has undeniably admitted its liability to pay compensation and interest component u/s 4-A(3)(b) of the Act - However, respondent has not produced extant insurance policy that was governing the field at the time of incident - More so, when statute itself has obligated employer to make..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was a gratuitous passenger in a goods vehicle - Insurance Company of offending vehicle rightly directed by Tribunal to first pay the amount of compensation to claimants and thereafter recover the same from owner of vehicle...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement of - Deceased aged about 29 years at the time of accident, LL.M. graduate and was practicing as an Advocate - Considering his age, his advanced academic qualifications, professional standing as a practicing advocate and loss of future income suffered by dependents, additional lump sum of Rs.10..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Company - Complaint by power of attorney holder - When attorney is totally unaware as to how when and why cheque was issued, he cannot prove execution merely on the basis of available record - Presumption will arise only when execution of cheque is proved - If complainants witness has no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - Power of attorney holder being an authorized representative of company, can file a complaint and give evidence but he must have either witnessed transaction or must possess direct knowledge of transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - A person who only became associated with company after transaction and who relies purely on records, cannot prove execution of cheque or transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - No specific averment in complaint that attorney holder witnessed the transaction as an agent of company or that he is having knowledge regarding transactions and execution of cheque - His proof affidavit shows that he became conversant with facts of case..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Criminal liability can be fastened only on those who at the time of commission of offence were in charge of and were responsible for conduct of business of Company - This has to be averred as a fact as there is no deemed liability of a Director in such cases...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Complainant has specifically stated that A-2 is Managing Director of A-1/Company and he was in charge and responsible for day to day affairs of company and was managing business of company at the relevant time - A-2 is signatory to cheques and it was he who issued cheques in..........
Consumer Protection Act, 2019, Section 71 -- Execution - Moratorium u/s 14 of IBC against company by itself does not preclude execution proceedings against directors or officers, provided they are otherwise liable...........
