Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Delay in filing FIR - Accident occurred at 6 pm and murg report was on the same day - Mere fact that eye witness did not approach police cannot be a reason to find delay in FIR to be suspicious - FIR cannot be disbelieved especially as insurance company did not make any attempt to examine I.O. before..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Money financing business - Complainant doing finance business, as finance/chit company was also being run at the same address mentioned by Complainant - Complainant denied said facts - However, detailed cross-examination as to various dates on which amounts were borrowed and..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19, Civil Procedure Code, 1908, Order 29, Rule 2(b) -- Service of summons - Suit against company - Summons may be served by leaving it or sending it by post address to the Corporation at the registered office or if there is no registered office, then at the place where Corporation..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife except stating in her pleadings that she is ready to join company of her husband, has not placed any evidence to show that she is willing to discharge her marital obligations with her husband - Except self serving testimony of wife no other evidence is placed by her to show that..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Not necessary to mandatorily incorporate in the complaint as to specific role attributed to the persons who are mere directors or employees of the company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - No obligation on complainant to plead in the complaint as to matters within special knowledge of Company or directors or firm about specific role attributed to them in Company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Administrative role of each director would be within the special knowledge of Company or director of firm and it is for them to establish that they were not in charge of affairs of Company - Contention that specific role attributed to directors should be set out in complaint does not..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of insurance company is only to indemnify loss of estate of insured, that too, in monetary terms, by pecuniary compensation - Monitoring victim of accident and ensuring his well being in future will not be duty of insurer nor can such an obligation be cast on it...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future medical expenses - Victim was 22 years old when he was rendered almost immobile by injuries suffered in an accident - A prosthetic limb, would in any event cost approximately Rs.2 lakhs and it would have to be changed in every five years - Even on a conservative estimate, victim would require the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Corporate Insolvency Resolution Process issued against Company - Proceedings under the Act can not only be continued but also initiated against accused arraigned by virtue of S.141 of the Act, even after accused company is admitted to insolvency process...........
