Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - S.141 of the Act provides for a constructive liability - A legal fiction has been created thereby - The statute being a penal one, should receive strict construction - It requires strict compliance of the provision - Specific averments in the complaint petition so as to..........
Legal Services Authorities Act, 1987, Section 22C(1), 22C(4), 22C(8) -- Permanent Lok Adalat - Insurance claim for theft - Insurance company disputed fact of theft - Determination before Permanent Lok Adalat will involve the question as to whether or not an offence, which is non-compoundable in nature, has indeed been committed - Held, the case falls outside the..........
Motor Vehicles Act, 1988, Section 149(2)(a)(ii), 3 -- Driving licence - Drive had licence to drive a light transport vehicle - Owner could not have checked or verified the licence for driving a heavy goods vehicle before handing over the vehicle to him - Owner did not step into the witness box to state anything - Held, High Court was justified in holding that insurance..........
Motor Vehicles Act, 1988, Section 147(1) -- Gratuitous passenger - Deceased not owner of any goods which were being carried in the truck - Deceased was travelling in the truck for the purpose of collecting the empty boxes - Deceased was a vegetable dealer - Held, Insurance Company is not liable...........
Transfer of Property Act, 1882, Section 108(O) -- Change of user - Premises let out to Company for residence of a particular officer of the company - Suit premises vacated by said officer - Premises allotted to some other officer of company - Does not amount to change of user so as to be hit by S.108(O) of the Act...........
Motor Vehicles Act, 1988, Section 3, 10 2(47), 41(4) -- Rule 51 - Licence to drive three wheeler - Driving of Autorikshaw Delivery Van - Autorikshaw Delivery Van is a goods carrying public carrier - Held, driver is not holding a valid licence - Driver causing accident - Insurance company is not liable - However Insurance Co. directed to satisfy the award and to recover the..........
Insurance claim -- Complicated question of fact - Plea that complainant be directed to approach Civil Court repelled - Held that it is simple claim of non - payment of insurance amount to the extent complainant company suffered loss and loss assessed by the Surveyor - The complaint does not involve complicated question of fact as pleaded by OP...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Insurance claim - Plea that complainant company is in the business of exporting items which is commercial purpose - Held that policy is for indemnification and actual loss - It is not intended to generate profit - Consumer complaint for deficiency on the part of Insurance Company can lie in..........
Insurance claim -- Discharge voucher - Full and final settlement voucher obtained by the Insurance Company is hit by coercion employed by the Insurance Company official on the director of the complainant company - There was no free, fair and voluntarily full and final settlement of the marine policy claim between complainant Company and the Insurance Company - Complainants..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of signatory without prosecution of company itself - Difference of opinion as to whether signatory only can be prosecuted without prosecution of company - In view of difference of opinion matter referred to larger bench...........
