Insurance claim -- Personal accident policy - Repudiation - Ground that no FIR of accident lodged in the case - The complainant has lost the vision in the left eye due to accident - Copy of policy does not indicate that the complainant has to file an FIR in the police station to obtain relief - Benefit indicated in the policy document particularly on the cover note..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier method - Choice of the multiplier is determined by the age of the deceased or that of the claimants whichever is higher and by the calculation as to what capital sum, if invested at a rate of interest appropriate to a stable economy, would yield the multiplicand by way of annual interest - In..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(ii)(a) -- Sub letting - Brothers of tenant in exclusive possession of shop - Tenant contended that brothers are running business alongwith him in partnership - Evidence that the share of tenant is only 20% - Tenant did not produce account book, bank account, contribution of share capital and distribution..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Charge u/s 7 r/w S.13(2) of the Act framed against Manager, Punjab Agricultural Development Bank - High Court holding that accused was not a public servant - Held, High Court has not analysed the factual position - Total share capital of the Bank was not known - No enquiry as to whether it was Govt. Company or not -..........
Indian Penal Code, 1860, Section 302 -- Murder - Capital punishment - Incident had taken place because accused was under impression that he is a patient of HIV and deceased did not find him to be patient of HIV - However, accused was not agreeing with opinion of deceased and was insisting repeatedly to provide CD-4 medicine which is being provided to HIV patent and demand..........
Copyright Act, 1957, Section 17, 51, 63 -- Copyrighted material is that what is created by the author by his skill, labour and investment of capital, maybe it is derivative work - Courts have only to evaluate whether derivative work is not the end-product of skill, labour and capital which is trivial or negligible but substantial - Courts need not go into evaluation of..........
Rent and Eviction -- Subsequent events - Tenant a private limited company having paid up share capital of more than one crore - Rent Act not applicable - Civil suit for eviction filed - Subsequently company reducing share capital to less than one crore - Held, right accrued to landlord to evict company cannot be set at naught by reducing the paid up share capital to less..........
Punjab Municipal Act, 1911, Section 68 -- House tax - Determination of annual value - Basis of tax is annual value of land or building on which it is imposed - Annual value is arrived at by three ways, namely, (i) actual rent fetched by the land or building where it is actually let; (ii) where it is not let, rent based on hypothetical tenancy, particularly in the case of..........
Punjab Municipal Act, 1911, Section 3(1)(b), 3(8aa), 71(1) -- Per Kapadia J. (Majority view) - House tax - Amount of tax on capital value - Determination of annual value - Classification made between premises occupied by tenants on one hand and those occupied by the owner himself - Whether reasonable and has direct nexus with the object sought to be achieved? Yes - It is..........
Evidence Act, 1872, Section 115 -- Capital of Punjab (Development and Regulation) Act, 1952, Section 5, Punjab Capital (Development and Regulation Building) Rules 1952, Rule 19, Chandigarh (Sale of Sides and Building) Rules 1960, Rules 5 & 9 - Estoppel - SCO allotted in 1968 - Sold in 1998 - Transferred as SCO - Further sold in 2003 - Transferred as SCO in favour of..........
