Insurance claim -- Suppression of material facts - Burden of proof - It lies on the party alleging fraud namely insurer - The burden is cast on insurer to show that the statement on material facts had been suppressed which the policy holder was bound to disclose and the same been fraudulently withheld at the time when the signed the personal statement...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Accused appeared through counsel and moved an application for exemption from his personal appearance - Application dismissed and non bailable warrants issued and also issued process u/ss 82/83 Cr.P.C. - Order set aside - Issue of non bailable warrants and issue of process u/ss 82/83..........
Lifting the Corporation Veil -- Doctrine of - Where Directors had been attempting to use personality of the company for furthering their own personal object, the doctrine of lifting the veil is applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4) -- Personal search - Recovery of contraband on secret information on search of a house - Personal search of a lady conducted by a male Police Officer - Violation of Section 50(4) of NDPS Act...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased 36 years of age earning Rs.2300/- per month - Multiplier of 22 adopted on ground that deceased had 22 years of service left - Held, considering age of deceased multiplier would be 13 - Loss of dependency assessed at Rs.2000/- per month (after adjusting for personal expenses and likelihood of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint can be filed through power of attorney holder - Power of Attorney holder is competent to speak of facts within his exclusive personal knowledge...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 3(a) -- Proviso - Estate Officer - Appointment by Bank in respect of Bank properties - Not a judge of his own cause - For operation of doctrine that no man can be a judge in his own cause, it must be shown that the officer concerned has a personal bias or connection or a personal interest or has..........
Criminal Procedure Code, 1973, Section Ss.107, 116(3) -- Proceedings u/s 107 Cr.P.C. - No surety/security or personal bond is required to be furnished under an interim order u/s 116(3) of the Code...........
Criminal Procedure Code, 1973 -- Chapter VIII - Police Officers vested with powers of Special Executive Magistrate/Executive Magistrate to conduct proceedings under Chapter VIII of the Code - Direction issued to State to take steps to protect fundamental rights so that life and personal liberty of a citizen is not trampled by such police officers...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 251 -- Dishonour of cheque - Exemption from personnel appearance - Petitioner, a household lady, having two school going children - Petitioner has to also look after her old mother-in-law besides two school going children - Occurrence 5 years old - Exemption from personal appearance..........
