Insurance claim -- Repudiation - 40 drums of sulphadoxine BP 80 sent in vessel - Only 25 delivered to the complaint - There was shortfall of 15 drum - Claim repudiated on the ground that shipper liable for short fall -Held that Insurance Company covers the transhipment risk hence liable to indemnify the loss caused during transhipment and liable to pay the value of the 15..........
Insurance claim -- Repudiation - 40 drums of sulphadoxine BP 80 sent in vessel - Only 25 delivered to the complaint - There was shortfall of 15 drum - Claim repudiated on the ground that shipper liable for short fall -Held that Insurance Company covers the transhipment risk hence liable to indemnify the loss caused during transhipment and liable to pay the value of the 15..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Director - Complaint cannot be quashed on the ground that at the relevant time he was not the Director of Company as this question can only be decided at the trial...........
Civil Procedure Code, 1908, Order 6, Rule 14, Civil Procedure Code, 1908, Order 29, Rule 1 -- Company - Plaint filed by an officer of Company without authority - Suit is maintainable if his action is ratified during trial - Such ratification can be express or implied...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Dishonour of cheque - Complaint filed by a person not authorised by company to present complaint against accused - Complaint not maintainable...........
Insurance claim -- Repudiation - Suppression of material facts - Mis-statement on the part of deceased regarding his health/disease - While getting lapsed policy revived did not disclose that he suffered from disease of Hemiplegia and remained admitted to Hospital for about 12 days - Made the contract of revival of policy to be void ab initio - Plea that there was no..........
Civil Procedure Code, 1908, Section 20 -- Cause of action - Territorial jurisdiction - Suit against Corporation - If a company/corporation has a principal office at one place and branch office at another place where a part of cause of action has arisen, the local Courts having jurisdiction over the place where branch office is located and where the cause of action has..........
Motor Vehicles Act, 1988, Section 166, 168, 140(1) -- Accident - Compensation - Roadway bus hit jeep - Claim petition against transport corporation - Driver, owner and Insurance Company of jeep not impleaded as respondents - Held, in an accident claim tortfeasors are jointly and severally liable for the payment of compensation and claimant can choose to file claim petition..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 21 -- Public servant - Prosecution against an officer of the Government company or a public undertaking does not require any sanction u/s 197 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Chairman - Summoning order against Chairman quashed as Chairman of a Company under Companies Act is not responsible for day to day business of the company nor it can be inferred as a person consented or connived in commission of offence merely because he is Chairman of the Company...........
