Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Destruction of agriculture produce stored in cold store - Liability of insurance company - Tripartite agreement entered into between Bank, cold store and farmers - Deficiency in service on part of Bank - Some of names of farmers not mentioned in policy and tripartite agreement was not handed..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Destruction of agriculture produce stored in cold store - Liability of insurance company - Fire in cold store due to short circuit - Liability of insurance company is proved - Since farmers are beneficiaries, they are entitled to get amount payable under policy - Value of goods as reflected in..........
Indian Penal Code, 1860, Section 304A, Drugs and Cosmetics Act, 1940, Section 18C, 27B -- Medical negligence - Blood transfusion - Failure to obtain opinion of an independent doctor - Postmortem report does not show that death occurred due to transfusion of blood - The only negligence that could be attributed to accused is that they carried out blood transfusion in..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Return of complaint - Admittedly, complainant has presented cheques before bank at place `A', and in such a case, Judicial Magistrate at place `A' alone will have jurisdiction - But, strangely complainant has presented complaint before Judicial Magistrate at place `AR' by saying that she is having..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Accident policy for account holders of Bank - Deficiency in service on part of Bank in failing to forward application form to insurer and in deducting insurance premium on time - Had bank not deficient in performing of its services, deceased would have been entitled to an insurance cover in same terms as was..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Quashing of proceedings - Allegation that father of accused in connivance with other employees of bank committed financial irregularities on basis of forged documents by misusing his post and by providing fake loan to relatives - Manner in which loan was advanced without any proper documents and fact that accused are..........
Indian Penal Code, 1860, Section 182 -- Offence u/s 182 IPC - Complaint to Vigilance Bureau that Bank Manager demanded bribe for passing loan - FIR not registered - On an enquiry conducted by police, complaint was found to be false - It is only after registration of a case, allegations made by accused can be held to be genuine or false - No offence u/s 182 IPC is made out..........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Order 6, Rule 17 -- Dishonour of cheque - Amendment of complaint - Name of branch of bank on which cheque is drawn sought to be corrected by effecting amendment - Amendment cannot be said to be intentional act on part of complainant - Complainant was nothing to be gained by not mentioning correct..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Endorsement of `insufficient funds' - Itself shows that bank was prevented to honour cheque whether it was with respect to debt or liability for discharge and said question will only be examined by trial Court - Application for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Insufficient funds - Bank while returning cheque endorsed `insufficient fund' - On this count alone it can be said that accused issued cheque knowingly to defeat claim of complainant when accused`s account was insufficient to honour..........
