Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of Cheque - Territorial jurisdiction - Complainant got his bank account transferred from place `B' to place `M' - Cheque presented for collection at place `B' for the purpose of crediting his account at place `M' - At the time of presentation of cheque complainant maintained his account at place `M' as..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of personal accident cover - Whether liability was limited or not - When the contention of limited liability was neither taken before Tribunal nor in appeal filed before High Court, there was no reason for High Court to look into policy document to find limited liability - Order of High Court..........
Maintenance to daughter -- Wife has voluntarily agreed to take care of all expenses of daughter and would thus not claim any maintenance amount from husband for maintenance of daughter - Order of maintenance of Rs.1,50,000/- P.M., for maintenance of child, as passed by High Court set aside...........
Admission -- M.Sc Environmental Management course - Cancellation of candidature - Eligibility criteria - Appellant fulfilled other eligibility criteria except for initial ineligibility i.e. having passed her B.Sc. Agriculture from private university which is also admittedly recognized by UGC - It is not the case of University that she did not possess a graduation degree -..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Interim maintenance - Grant of 12,000/- p.m. which was later enhanced to Rs.33,000/- p.m. payable from the date of filing of application - In appeal the amount was enhanced to Rs.1,00,000 per month - Plea that wife is capable of earning - While capacity to earn may be a relevant factor, it..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Delay in filing FIR - Mere fact that eye witness did not approach police cannot be a reason to find delay in FIR to be suspicious...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Delay in filing FIR - Accident occurred at 6 pm and murg report was on the same day - Mere fact that eye witness did not approach police cannot be a reason to find delay in FIR to be suspicious - FIR cannot be disbelieved especially as insurance company did not make any attempt to examine I.O. before..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Functional disability - Claimant was a skilled mason - Doctor who was examined before Tribunal had specifically deposed that appellant was unable to sit down and walk and could not lift heavy weights - He was also said to be in constant pain - Evidence of doctor would indicate that he could not have..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - 35% Functional disability - Medical expenses - Appellant suffered two fractures, one of which was a compound fracture, treatment of which required surgical intervention - Medical expenses hence be increased to Rs.20,000...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total Compensation - Taking into account the earning of deceased at Rs.36,000 for six months, medical expenses @ Rs.20,000, special diet, pain and suffering, attendant expenses, total compensation held, awarded @ Rs.7,19,489 with interest as directed by Tribunal, running from the date of filing claim petition...........
