Insurance claim -- Loss caused by fire - Case of complainant about fire being accidental is supported by report of Surveyor - Complainant having discharged the initial burden regarding cause of fire it was for the OP No.1 - Insurance Company to disprove the same - Insurance Company has failed to prove by adducing cogent evidence that the fire was staged - managed as..........
Indian Penal Code, 1860, Section 300 -Clause Thirdly - Culpable homicide - For applicability of S.300 thirdly prosecution must prove : (1) it must establish, quite objectively, that a bodily injury is present; (2) the nature of the injury must be proved; These are purely objective investigations; (3) it must be proved that there was an intention to inflict that particular..........
Arms Act, 1959, Section 17 -- Arms licence - Cancellation - Firing in marriage ceremony - Accidental death - Petitioner involved in the criminal case on the basis of statement u/s 161 Cr.P.C. - Not a ground for suspension or cancellation of arms licence...........
Insurance claim -- Repudiation - Loss by Fire which was accidental due to electric short circuit - FSL report that out of 90 sale and purchase bill, 87 were found written by one and the same person while the remaining also by the one and same person - Had all the documents and account books submitted by the complainant being genuine, it may not have taken time of about 6..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Law summed up : (i) Amendment of pleadings could be introduced under the circumstances which showed that there had been an accidental mistake or error that required to be rectified by appropriate altered pleadings or to bring to fore the changed circumstances or position of law; (ii) The attempt of the..........
Civil Procedure Code, 1908, Section 152 -- Clerical or arithmetical mistakes and errors arising from accidental slip or omission - Can be corrected in exercise of powers u/s 152 CPC are inadvertent mistakes which can be discovered without any further inquiry on question of law or fact and which are apparent on the face of the record...........
Civil Procedure Code, 1908, Section 152 -- Description of property - Question requiring detailed inquiry - Such a variance in the boundaries of the property which gives rise to a doubt as to the very existence of the property cannot be treated as a clerical or arithmetical mistakes or error arising from accidental sip or omission - Cannot be corrected in exercise of power..........
Insurance claim -- Repudiation - Accidental death - Due to fall from roof - Since it was a case of accidental death there was no question of lodging any report in the Police Station - It is not the case that death by accidental fall is excluded by terms and conditions of the Insurance Policy - The claim wrongly disallowed by the Insurance Company - Order of the District..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death by burning - Defence plea that it was an accidental death - Burnt body of deceased found in bathroom - Normally accidental fire takes place in a kitchen and not in a bath room - Defence plea not accepted - It is not a case of accidental fire, but with intent to cause death...........
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...........
