Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 21 -- Harmonious consideration to be given to S.142 NI Act and S.200 Cr.P.C. - Dishonour of cheque issued in favour of Govt. Company - Complaint filed by company through public servant - Held, that in such cases company becomes a defacto..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of Insurance company in the case of gratuitous passenger - Held, that Insurance Company owed no liabilities towards the injuries suffered by the deceased who was a pillion rider and a gratuitous passenger - Order of High Court directing Insurance Company to pay compensation set aside...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Stock and raw material becoming unfit for human consumption - Not an intentional or deliberate act on the part of the complainants in stopping production and allowing stocks and raw material to get spoiled or damaged - It was only because of militant activities and terrorism that the Company could not do..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Pilferage by intruders and staff members - Allegation of pilferage has to be proved - There being nothing on record except a report by an unreliable agency, Commission was right in rejecting Insurance Company's claim...........
Jammu and Kashmir Migrants (Stay of Proceedings) Act, 1997, Section 3, Insurance Act, 1938, Section 38, Transfer of Property Act, 1882, Section 130 , 135 -- Insurance claim - Assignment and transfer of insurance policies - Transfer of actionable claim - Assignment of rights under policy of insurance against fire - Substantial advance was made to the complainants by the..........
Arbitration and Conciliation Act, 1996, Section 2(1) -- Arbitration - Functions inextricably mixed up - Held, that if respondent is engaged by the appellate company to perform functions which are inextricably linked which could be undertaken by a businessman or by a company and such activities form an integral part of his activities, there is element of 'commerce' - In..........
Industrial Disputes Act, 1947, Section 2(oo) , 25F -- Retrenchment - Ex parte award - Delay in demand notice - Compensation in lieu of reinstatement - No cogent reason assigned for not contesting the matter before the Labour Court - If there was delay in serving the demand notice by the Workman the petitioner company should have come forward and raised an objection in this..........
Consumer Protection Act, 1986, Section 21(b) -- Revisional jurisdiction - Insurance claim - Affidavit of officer of the financier bank with regard to Stock Statement - On behalf of petitioner Insurance Company no cross - examination done as regards averments made in the affidavit - No reason to disbelieve the unrebutted affidavit with regard to verification of stock - No..........
Motor Vehicles Act, 1988, Section 163A -- Deceased suffered multiple injuries in motor accident - Deceased developed depression due to worthilessness and helplessness due to accidental injuries - As a consequence of depression deceased committed suicide - Held, insurance company liable to pay compensation...........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 2(1) , 9(3) -- Insurance claim - Driving licence - Issued to the respondent by the State of Illinois, USA was not an international driving licence - Since the respondent was not holding a valid driving licence issued under the MVA the Insurance Company would not be liable to compensate the..........
