Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 439 -- Juvenile - Aged 15 years - Girl aged 13 years set on fire as she refused to develop love affairs with him and have wrong things with him - Accused not involved in any other crime and residing with his family - His..........
Insurance claim -- Exclusion clause - Repudiation - Relying on endorsement No.26 of policy - Endorsement No.26 held by the District Forum and the State Commission to be not part and parcel of the policy - Held that provisions of endorsement No.26 mentions only lamps, tyres etc. - It does not extend to the loss of rims and head lights - Secondly, on the basis of this..........
Motor Vehicles Act, 1988, Section 149(2)(a)(ii) -- and proviso appended to sub-sections (4) and (5) - Driving licence - Defence by insurance company that the licence granted to the driver being for one class of description of vehicle but the vehicle involved in the accident was of different class of description hence it is not liable - Held that if on facts it is found..........
Insurance claim -- Material concealment of disease - Onus of proof - It was on the petitioner insurance company - Petitioner was supposed to prove that at the time of taking policy, the person who gave the information, knew about such a disease and he withheld it with an intention to defraud the Insurance company...........
Primary evidence -- The information collected by the petitioner insurance company from the records of Hospital - Held it will be not primary piece of evidence - The primary evidence would be of the doctors who recorded the information in Discharge Summary - The doctor who prepared the Discharge Summary not produced to support the case of insurance company - Repudiation of..........
Insurance claim -- Repudiation - Ground of material concealment of disease of breathlessness - The cause of death mentioned as heart attack with difficulty in breathing - The nature of ailment was not known only to the insured and the insurer, but it could also not be known event to the doctor of the Insurance Company despite detailed examination - Held that it is..........
Motor Vehicles Act, 1988, Section 163A -- Deceased driver of motor vehicle - Owner and Insurance Company are liable to pay compensation under 'no fault liability' where accident takes place 'arising out of the use of motor vehicle...........
Constitution of India, 1950, Article 226, 227 -- Punjab Municipal Corporation Act, 1976, Sections 149 and 146 - House tax - Alternative remedy - Writ jurisdiction - Order of assessment challenged by the petitioner Company in appeal and appeal dismissed - The said order attained finality - The jurisdiction of the High Court under Articles 226/227 of the Constitution cannot..........
Motor Vehicles Act, 1988, Section 149 -- Driving licence - Expired during course of employment - Nothing on record that at the time when driver was employed by owner he was not holding a valid driving licence - Insurance Company cannot avoid its liability even towards the owner in respect of the compensation amount awarded to the claimants...........
Land Acquisition Act, 1894, Section 21, 18 -- Land acquisition - Compensation - Large area of 22 Hectares acquired from claimant company - Sale instances of small pieces of land are irrelevant - Company purchased land just 4-5 years before acquisition but not producing sale deeds for determining valuation of land - No commercial or industrial development after purchase..........
