Rent and Eviction -- Eviction petition - Necessary parties - Law as to : (i) Landlord and tenant are the only necessary parties; (ii) To get eviction order landlord is required to plead and prove two things namely (a) there exists relationship of landlord and tenant (b) existence of grounds on which eviction is sought; (iii) question of title is not germane to the decision..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 113A -- Abetment of suicide - Cruelty - Presumption - Allegation against husband and mother-i, law of deceased - Deceased committed suicide by consuming poison within 6 months of her marriage - Categorical findings of two Courts below that husband and mother-i, law of deceased demanded dowry from..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Reduction of sentence - Accused mother-i, law of deceased is now around 75 years of age and is not keeping well - She already undergone total jail sentence of 9 months - As regarding husband of deceased, he also undergone sentence of around 1 year and 1 month approximately and remarried with a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 320, 307, 324, 326, 148, 149, 120B, Arms Act, 1959, Section 25, 27, 54, 59 -- Bail - Murder - Prima facie case is made out against accused (an NRI), as group of persons are seen committing offence using deadly weapons and sticks - Seriousness and gravity of offence can be clearly observed from CD..........
Evidence Act, 1872, Section 3 -- Non-explanation of injuries on accused party by PWs - It cannot be held as a matter of law or invariably a rule that whenever accused sustained an injury in same occurrence, prosecution is obliged to explain injury and on failure of prosecution to do so, prosecution case should be disbelieved - Before holding that no, explanation of..........
Motor Vehicles Act, 1988, Section 147 -- Accident - Liability of insurer - Owner of offending vehicle produced insurance certificate indicating that vehicle was comprehensively insured by Insurance Company for unlimited liability - Insurer shall pay claim amount as awarded by Tribunal to claimants in first instance with liberty to recover same from owner of offending..........
Workmen, Section 30 -- Appeal - Compensation - High Court reduced 1/3rd compensation awarded by Commissioner, Workmen's Compensation, on the ground that appellant not lost 100% earning capacity - No substantial question of law raised by insurer - Impugned order of High Court set aside - Compensation as awarded by Commissioner restored...........
Insurance law -- Principle of underinsurance - Underinsurance means insured has taken out an insurance policy in which he has valued insured items for a sum which is less than actual value of insured item - This is normally done to pay a lesser premium, which is harmful to policyholder and not to Insurance Company, because even if entire insured property is lost,..........
Insurance law -- Principal of averaging out - If the value of the goods is more than the sum for which they are insured then it is presumed that the policy holder has not taken out insurance policy for the u, insured value of the goods - Claim is allowed by applying the principle of averaging out, i.e. the insured is paid an amount proportionate to the extent of insurance..........
Insurance law -- Principle of underinsurance - When a group of items is insured under one heading and only some of items and not all items are lost/stolen then principle of underinsurance will apply - However, if all or most of items of value covered under policy are stolen, then insurance company is bound to pay value of goods insured...........
