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, 139 -- Dishonour of cheque - Loan - Complainant capable to advance loan - Loan was advanced on basis of personal relations - Held, preparation of other documents not required and cheque issued by accused is the best document for showing his liability...........
Indian Penal Code, 1860, Section 34 -- Common intention - Essence of liability u/s 34 IPC is simultaneous consensus of minds of persons participating in criminal act to bring about a particular result which consensus can even be developed at the spot...........
Transfer of Property Act, 1882, Section 122 -- Conditional gift - Mere reservation of life interest with donor or with wife of donor and a right to encumber property to a specified amount, though amounts to a condition attached with gift, it is only a liability cast upon subject of gift and not a condition which would decide validity of gift...........
Transfer of Property Act, 1882, Section 122 -- Conditional gift - Expression conditional gift stands for `a condition precedent to effectuate a gift' and not a condition attached with gift or a liability or reservation made therein...........
Transfer of Property Act, 1882, Section 122 -- Conditional gift - Liability imposed or a reservation made therein in favour of donor should not be understood a condition precedent to effectuate a valid gift...........
Indian Penal Code, 1860, Section 379A, 201, 34, Evidence Act, 1872, Section 3 -- Offence u/s 379-A, 201, 34 IPC - Appreciation of evidence - Motorcycle recovered in pursuance to disclosure statement of co-accused - Such recovery cannot be termed to be sufficient to fasten accused persons with criminal liability - Moreover, owner of motorcycle is father of co-accused and..........
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..........
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..........
