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..........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint u/s 138 NI Act and FIR u/s 174-A IPC - Offence by company - Accused shown bonafide cause for non-appearance before trial Court - Service not effected at ordinary place of residence of accused and they were not aware of said fact..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B -- Quashing of proceedings - Cheating - Supply of substandard material by company - Company not arraigned as an accused - Appellants arraigned as an accused as Managing Director and Director of company - In FIR and charge sheet there is no allegation that there was a fraudulent and..........
Motor Vehicles Act, 1988, Section 173, Bihar Motor Vehicles Rules, 1992, Rule 249, Civil Procedure Code, 1908, Order 41, Rule 22 -- Award passed by Motor Vehicles Tribunal - Appeal by Insurance company - Cross-objections by claimants - Entire award awarded by Tribunal was challenged by Insurance Company - Claimants were also impleaded as party respondents to said appeal -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Issuance of separate notice to Managing Director/petitioner is not necessary where notice was issued to accused/company through petitioner himself...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Petitioner Managing Director of accused company and he signed all the cheques which on presentation were dishonored - He is responsible for conduct of business of company - Merely because trial Court allowed some authorized person to appear on behalf of company does not mean..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Agreement for cash credit facility - Goods insured were destroyed in 2006 as a result of floods - Exclusion of STFI perils (Storm, Tornado, Flood and Inundation) - Complainants were in knowledge of exclusion of STFI perils as they were provided with copy of policy - Nothing prevented them from either..........
Constitution of India, 1950, Article 226, Insolvency and Bankruptcy Code, 2016, Section 32, 61, Companies Act, 2013, Section 419, National Company Law Appellate Tribunal Rules, 2016, Rule 150 -- Writ - Maintainability - Disputed questions of fact - Petitioners have alternate and equally efficacious remedy of filing appeal to NCLAT and in that appeal, it can raise all..........
Insurance claim -- Theft of motor vehicle - FIR lodged immediately - Delay in intimating to Insurance company - When FIR is lodged immediately and police after investigation have lodged a final report that vehicle is not traced and surveyors/investigators appointed by insurance company have found the claim of theft to be genuine then mere delay in intimating insurance..........
