Consumer Protection Act, 1986, Section 23 -- Insurance claim - Reimbursement of medical expenses - Evidence regarding reimbursement of medical expenses was on record in the form of medical bills - Insurance company has not disputed these documents instead contended that there was no evidence on record to show that payment was made - This is not a correct submission or..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitration - Memorandum of Understanding (MoU) having an arbitration clause exclusively executed between appellant and respondent - MoU contains a description of respective family units and their concerns - Neither Bank nor company are parties to arbitration agreement - MoU indicates that there are certain..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by Company - Plea of being nominee Directors and non executive Directors of Company - Petitioners whether incharge of the conduct of business or involved in the day to day affairs of the company is a matter of trial - No ground to quash proceedings...........
Indian Penal Code, 1860, Section 302, 324, 449, 34 -- Murder - Non-examination of material witnesses - PW1/child witness was hiding in his house at the time of incident and after the incident he disclosed the same to milkman - Prosecution has not explained why milkman was not examined as a witness - He was very important witness who was first person to whom PW1 disclosed..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Conduct of wife in not agreeing to withdraw complaints, filed against husband and his family members, even if she joins company of husband, would probablise the contention of husband that wife has ill-treated husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife used to insult husband on the premise that he is dark and for the same reason has moved away from company of husband without any cause - Even to cover up this aspect, has leveled false allegations of illicit relationship against husband - These facts will constitute cruelty -..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Dead body of deceased recovered after 2 days when deceased was allegedly seen alive in company of accused - Deceased was found dead in his own house, where accused did not reside and there was no evidence as to when accused left the house and that no one else could have entered..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Incriminating circumstances were not proved beyond reasonable doubt - They do not form a chain so complete from which it could be inferred with a degree of certainty that it is accused and no one else who within all human probability committed the crime - In such..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Demand notice - Service of notice - If a drawer of cheque is a Company or partnership firm, notice should be served on Company in writing as mandated u/s 138(b) of the Act - Proof of that service can be only acknowledgement of serving the notice on representative of company is..........
Custody of child -- Cannot be denied to mother merely because mother is found in company of another male, as mother may be morally bad in societal sense but that mother may be good for child as far as welfare of child is concerned - Court will have to examine how far child is protected when custody is given to mother or father - Cyclical custody to both the parents would..........
