Hindu Marriage Act, 1955, Section 26, Guardians and Wards Act, 1890, Section 25 -- Interim custody of minor daughter - Claimed by father - Girl child who had crossed 12 years of age would be soon attaining age of puberty and it is at this crucial stage that company of natural mother is what is required most - Custody of child is to be given to mother with visitation rights..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of Insurance company - Accident took place on 29.6.2009 and permit for offending vehicle was valid only from 4.7.2009 to 28.10.2009 - Tribunal rightly directed Insurance Company the right to recover compensation amount from owner of offending vehicle particularly in absence of any challenge to..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Accidental fire - Actual loss has been proved by insured by producing base documents which are relevant and admissible in terms of S.34 of Evidence Act - Final Surveyor has not only misdirected itself in law but has adopted a perverse approach inasmuch as no reason has been given for discarding Cost Sheet for..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of insurance Company - Offending vehicle deviated from prescribed route as per permit granted by State Transportation authority and did not have permit to enter the city where accident took place - Insurance company rightly directed to pay the amount and recover the same from owner of offending..........
Constitution of India, 1950, Article 226 -- Writ of Habeas corpus - Unlawful detention - Detenue being a minor and victim of kidnapping and rape case now aged 15 years 7 months and 13 days, is in protection home - She cannot be set at liberty forthwith as the petitioners seek - Detenue has clearly expressed her mind that she does not wish to go back to her parents and also..........
Income Tax Act, 1961, Section 37, 32(2) -- Deduction of business expenditure - Appellant/a non-resident company awarded 10 years drilling contract by ONGC in India in 1983 - Thereafter, appellant failed to procure another contract till 1998 - But, during interregnum appellant had continuous business correspondences with ONGC and had even unsuccessfully submitted a bid in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company already declared insolvent and a Resolution Professional appointed u/s 7 of Insolvency and Bankruptcy Code, 2016 - Does not in any manner affect the proceedings arising out of offence u/s 138 of the Act...........
Employees Compensation Act, 1923, Section 3 -- Compensation - Liability of insurance company - Insurer is not statutorily liable under provisions of Act - However, where a contract of insurance is entered into by and between employer and insurer, insurer would be liable to indemnify employer - Since, there is no statutory liability on insurer, it is open to Insurance..........
Employees Compensation Act, 1923, Section 3, 19 -- Compensation - Liability of insurance company - Commissioner would have power to make insurer jointly and severally liable with employer to pay compensation if same falls within scope of contract of insurance...........
Employees Compensation Act, 1923, Section 3, 19 -- Compensation - Liability of insurance company - Insurer has undertaken the liability to indemnify insured/employer and has not contracted out of his liability - There was no dispute regarding liability of insurance company under the contract of insurance - Therefore there was no justification for High Court to modify order..........
