Insurance claim -- Passenger Bus - Accident - Repudiation - Ground that at the time of accident the bus was carrying 110 passengers more than its seating capacity of 52, in breach of the conditions of the policy - Insurance company did not produce any evidence except the photocopy of the FIR and of the statements recorded during investigation - FIR not a substantive piece..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Should be avoided when both parties claim to be in possession as it causes confusion and in many cases even lead to breach of peace...........
Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust or cheating - Complaint - Main offence alleged is that respondent trust running Dental College has cheated appellant a non-banking financial institution and dishonestly induced him to deliver property - No allegation that respondent made any wilful representation and that there was fraud or dishonest..........
Indian Penal Code, 1860, Section 405, 40, 420 -- Criminal breach of trust and cheating - Advance taken to sell flat on completion - Sale of flat to third person on failure to pay additional amount demanded by accused towards cost of extra built up area - Held, dispute is of purely civil nature and criminal complaint is not maintainable in absence of specific allegation of..........
Housing -- Refund - Respondent applied for premises and deposited Rs. 10,000/- in response to advertisement for sale of ready made residential premises - Request by respondent for refund of the amount as the construction was incomplete and there were disputes with the contractors and it was not certain when the construction would be complete - Refund of amount by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for accounting on the basis that there has been a breach of contract - Amendment sought to claim a specified sum by way of damages - Amendment allowed as the same is only a correction of the relevant prayer...........
Post Office Act, 1898, Section 34, Contract Act, 1872, Section 2(h), 73 -- Post Office - VPP articles - Post Office is bound to deliver the same and receive the value and pay the amount to the sender - If the same is not received by the addressee then to return it to the sender - If Post Office neglects to do so, it commits a breach of contract, for which it is liable to..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Respondent-estate broker being the owner of the plot in question agreed to sell the same for a specified price to the appellant-complainant - The said transaction held to be a simplicitor sale of an immovable property and not as if the complainant engaged the services of the opposite party for locating a site on..........
Motor Vehicles Act, 1988, Section 145(g) -- Third party risk - Insurer's liability - Insurer's liability to third parties is statutory and not contractual - Insurer cannot avoid such liability despite fact that insurer is entitled to avoid or cancel policy for breach of certain restrictions or conditions...........
Motor Vehicles Act, 1988, Section 147, 149(2) -- Insurance - Passengers in goods vehicle - Passenger in goods vehicle whether gratuitous or fare-paying is third party for whom insurer is liable though for any breach of terms of policy, it can proceed against owner of vehicle...........
