Electricity Act, 2003, Section 10, T.N.Electricity Regulatory Commission Intra State Open Access Regulations, 2005, Rule 4 -- "Tariff"- Operation and Maintenance (O and M) charges - Only on request of wind Energy Generators T.N.Electricity Generation and Distribution Company Ltd. (TANGEDCO) carrying out sub-station work - Board operating and maintaining generating stations..........
Criminal Procedure Code, 1973, Section 482 -- Death due to negligence - Quashing of FIR - Petitioner is proprietor of M/s. Tarun Electricals which carries on work of maintenance of electrical installations of BSES Yamuna Power Ltd. on annual maintenance contract basis - Deceased died on account of fall from an electric pole while he was performing his duties - Petitioner..........
Indian Penal Code, 1860, Section 302, 448, 324 -- Murder - Eye-witness or hear say witness - PW2 stated that he saw from a distance that 30-40 people had gathered in front of his house and there was a commotion including shouts of his son `M', who ran towards him to tell him not to go home because people were being attacked there - Witness does not accuse any particular..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 157 -- Indian Motor Tariff Rules, GR 17 - Insurance claim - Repudiation - Ground that there was no contract between the complainant No.2 and the Insurance Company as the Insurance Policy was not got transferred in the name of purchaser - The purchaser of the vehicle failed to comply with the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Appellant remained in hospital for three months for his treatment - Lost all of his teeth and after coming out of hospital has to use crutches for walking and even standing - Claimant has to undergo medical treatment all of his life - Medical expenses increased from Rs.15, 000/- to Rs.1.25 lakhs...........
Evidence Act, 1872, Section 114 -- Public document - Presumption as to correctness - Rebuttable - Defendants have not disputed the grant in favour of "M" - However, it was their specific stand that said grant in favour "M" was cancelled subsequently - To substantiate the same, defendants produced Ex.D1, which is the certified extract, from dharkasth register issued by..........
Consumer Protection Act, 1986, Section 2(1)(g), 3, Limitation Act, 1963, Article 54, Contract Act, 1872, Section 23, 24, 28 -- Additional remedy - Complicated questions of facts and law - Plot allotment - Sale Deed - Execution of - Specific performance - Limitation - Original contract made between deceased 'S' and deceased -'M-' sometime in 1969 - Assuming that no date was..........
Indian Penal Code, 1860, Section 279, 337, 304A, Criminal Procedure Code, 1973, Section 313, Motor Vehicles Act, 1988, Section 133 -- Rash and negligent driving - Identification of accused - Prosecution story that a truck came in a very rash and negligent manner - Hit against a scooter - Caused simple injuries to driver of scooter - Resulted in death of pillion riders -..........
Motor Vehicles Act, 1988, Section 166, Civil Procedure Code, 1908, Order 6, Rule 4 -- Insurance policy - Plea of fraud or misrepresentation by insurer - Proof of - Held, wherever insurance company takes a specific plea in counter/written statement that insurance policy was obtained or procured by playing fraud or misrepresentation an issue deserves to be framed on that and..........
Motor Vehicles Act, 1988, Section 166, Civil Procedure Code, 1908, Order 6, Rule 4 -- Plea of fraud or misrepresentation - When allowed to be raised - Held, unless opposite party is made aware of allegations of fraud against him he would not be in a position to contradict same - Unless a plea of fraud or misrepresentation is specifically taken it cannot be permitted to be..........
