Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of two minor children by father - Burden of proof - Dead bodies of deceased were found from canal and they were subjected to manual strangulation which resulted into their death - Deceased were lastly in the company of their father/accused alone - Three independent witnesses stated that..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused was lastly seen with deceased - Accused not denied that he had not taken deceased from house towards field to collect fodder and has also not taken a defence that on the way deceased had parted his company - Accused failed to rebut the presumption u/s 106 of Evidence Act - In such..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Home loan - Pre-condition for home loan was life of borrower will have to be insured - Borrower was subjected to a medical test which showed normal health status - Premium was accepted and retained for life insurance - Insurance process was completed and all mandatory requirements were met -..........
Motor Vehicles Act, 1988, Section 166 -- Road Accident - Delay in disposal of claim cases - Directions issued: (i) On receiving the intimation regarding road accident by use of a motor vehicle at public place, SHO concerned shall take steps as per S.159 of the M.V. Amendment Act; (ii) After registering the FIR, I.O shall take recourse as specified in the M.V. Amendment..........
Indian Penal Code, 1860, Section 294, 506 -- Offence u/ss 294, 506 IPC - Order taking cognizance of offence - Contractual dispute between parties - Complaint filed to compel accused to pay off dues and with that mind and motive, complainant initiated criminal action - Accused being heads of company have no direct interactions with any of investors and therefore,..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial petition - Wife residing in her parental house with her two years old child who was born premature - Distance between place where matrimonial petition is filed from the place where wife is residing is 910 kms and it takes 20 hours in travelling - Wife does not appear to have any source of income and is..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Accused and deceased were residing in same room of hostel - Mark sheet of deceased was found missing and accused and deceased left hostel in the evening on the same day - Both of them visited the house of PW3 another student and after leaving his house deceased could not be traced..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Petitioners ceased to be Directors of Companies as on the date of issuance of cheque - Registration of complaint against petitioners for offence punishable u/s 138 of the Act held, not sustainable - Proceedings qua petitioners quashed...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - When insurance company was not liable, order of `pay and recover' would not arise...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Where claimant was a gratuitous passenger in the offending vehicle, Insurance company would not be liable to reimburse compensation...........
