Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Interim bail - Contraband - Wife of petitioner was blessed with a female child - At such stage, wife of petitioner would require company of her best companion i.e her husband - Without going into merits of case or factual allegations, interim bail..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Liability of insurance company - Offending vehicle was wrongly parked and there was no driver obviously, it is owner of vehicle who has to take responsibility for any liability arising out of any untoward incident including accident in question - Insurance Company liable to pay the amount with..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Functional disability - Appellant had produced a certificate wherein disability was assessed at 60% by doctor who was examined as PW2 - Only skin grafting was fixed at 50% by Tribunal - High Court without any appeal by Insurance Company reduced disability to 40% which was improper - Disability of 50% as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where payee is a company, complaint should necessarily be filed in the name of company and a power of attorney holder or agent cannot file complaint in his personal capacity...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Prosecution from testimonies of PW18 and PW20 has been able to prove that deceased was last seen alive in the company of appellant and co-accused on the evening of day before death of deceased - Accused persons took deceased along with them on the pretext of fetching cable..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Deceased was getting Rs.6,000 as monthly salary from stone crusher company - He was also working in his farm and earning therefrom is not controverted - Even if direct evidence regarding exact amount of income had not come on record, deceased could be presumed to have..........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of the Act - Issuance of notice to an authorized representative of bank was not enough to satisfy mandate of S.7(5)(b) Proviso IBC - IBC being substantive legislation relating to application filed by bank u/s 7 IBC thereof, notice to cure defects therein necessarily had to be given under said provision..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(m) -- Consumer - Definition of person in S.2(1)(m) of the Act is inclusive and not exhaustive - Therefore, even an incorporated company can be a consumer within the meaning of S.2(1)(d) r/w S.2(1)(m) of the Act...........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Commercial purpose - Complainant had been an established company doing business which bought the product license to automate its processes - In such circumstances, object of purchase was not to generate self-employment but to organize its operations with a view to maximise profits - Case of..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Where contract of insurance is not disputed even on breach of insurance conditions, Court had allowed recovery of compensation from insurer by giving right to insurer to recover the same from vehicle owner...........
