Arbitration and Conciliation Act, 1996, Section 11(6), 43(3), Limitation Act, 1963, Section 5 -- Appointment of arbitrator - Limitation - Extension of time - Appellant Company stated that it was involved in negotiation with respondent in 14 years preceding application before settlement committee - However, no evidence brought on record to show that they were required to..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Deceased was having liquor with PW2, PW7, PW16 day before the incident at late night - However, said witnesses have not deposed anything against accused involving them in crime - Even wife and father of deceased also not levelled any allegation against accused - Nobody has seen deceased in the..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - No eye witness to actual occurrence - Evidence of last seen witnesses is contradictory - Though deceased was found in the company of accused on 25.8.98 but as per medical evidence deceased died somewhere between 25.1.98 to 27.1.98 - Time elapsed since death was 24-96 hrs -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Specific averments on record which stated that petitioners were directors and were in charge of and responsible for day to day affairs and management of accused company on the date of commission of alleged offence - Petitioners have not brought on record unimpeachable,..........
Recovery suit -- Damage or loss in transit of goods - Contract between consignor and insurance company - PW1 in his evidence clearly and specifically stated that plaintiff no.1 had insured with plaintiff no.2 insurance Company against loss or damage in transit of goods - Allegedly, defendant as a carrier of goods had caused damage to said goods entrusted for its..........
Recovery suit -- Damage or loss in transit of goods - Authority of PW1 to lead evidence on behalf of plaintiffs - PW1 though not a signatory of plaint, but he is officer of plaintiff no.2-insurance company and produced authorization letter, which clearly shows that Divisional Manager of Insurance Company authorized him to give evidence in the case - Except making a..........
Civil Procedure Code, 1908, Order 41, Rule 27, Motor Vehicles Act, 1988, Section 166 -- Additional evidence at appellate stage - Accident - At a very belatedly stage, insurance company wants to avoid its liability to pay compensation coming up with a plea that respondent No.1 was not having a valid and effective during licence at the time of accident, which was available..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Liability of person involved in the management of company - Closely held company belonging to one family - Petitioner is the largest shareholder in company - In such circumstances, it is not possible, at this stage to hold that petitioner was not involved in the management of..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Deceased was last seen by informant in company of accused - On the next day dead body of deceased was found - In the meantime nobody has seen deceased anywhere - There was nothing to show what happened with deceased and who murdered him - It cannot be said that crime could not..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Petitioner No.3 continues to be a director of the company - It cannot be held that there is an unimpeachable evidence or acceptable circumstances which lead to conclusion that petitioner No.3 could not have been in charge or responsible for conduct of business at the relevant..........
