Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Summary trial - Procedures to be followed - (1) On the day complaint is presented, if the complaint is accompanied by affidavit of complainant, Court shall scrutinize the complaint & documents and if commission of offence is made out, take cognizance & direct issuance of summons of accused,..........
Indian Penal Code, 1860, Section 302, 326 -- Death of Managing Director of hotel when an employee attacked deceased with sickle and caused several injuries on his body - Accused convicted and sentenced u/s 302 IPC - Sentence converted to Section 326 IPC on the following grounds : (a) post mortem report of deceased shows that injuries caused by accused were not the cause of..........
Indian Penal Code, 1860, Section 304 -- Accused caused injuries to deceased with sickle - Accused died of heart failure and not because of injuries - Case does not fall within the domain of Section 304 Part I and II - There was no intention on the part of accused to cause death of the deceased nor could he be attributed with the knowledge that death would be caused -..........
Civil Procedure Code, 1908, Section 9 -- Suit of civil nature - Jurisdiction of civil court - Held, jurisdiction of civil court to entertain and try a suit of a civil nature, excepting suits of which their cognizance is either expressly or impliedly barred, is guaranteed by Section 9 of the Code of Civil Procedure - A bar of the civil suit could be implied, if a special..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Suppression of material facts - For the policy of March, 1997 in the relevant proposal form the deceased and/ or his father, the details of the four policies taken in March, 1994 and March, 1995, which were very much within the period of past 3 years were specifically omitted in reply to item..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Marine Insurance Act, 1963, Section 78 -- Insurance policy - Exclusion clause - Policy covered risks as per Institute Cargo Clause - C plus Theft, Pilferage and Non - delivery(TPND) - Insurance claim - Repudiation - Non - delivery of consignment at 'H' where the voyage terminated on account of arrest of the vessel -..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 45 -- Insurance claim - Insurance policy - Lapsed policy - Revival of policy - Suppression of material facts - Revival of the policy is a fresh contract of policy between the parties for which a fresh agreement is executed - Life assured suffering from CVA since 1999 when he met with an accident -..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Marine Insurance Act, 1963, Section 78 - Insurance policy - Exclusion clause - Policy covered risks as per Institute Cargo Clause-C plus Theft, Pilferage and Non-delivery (TPND) - Insurance claim - Repudiation - Non-delivery of consignment at `H' where the voyage terminated on account of arrest of the vessel -..........
Arbitration and Conciliation Act, 1996, Section 34(3) -- Legislature has used the word `Three months' and the proviso uses the words `thirty days' - Held, legislature did not intend that the period of three months used in sub-section (3) be equated to 90 days, nor intended that the period of thirty days to be taken as a month...........
Arbitration and Conciliation Act, 1996, Section 34(3), 31(3) -- Arbitration award - Deliver/deposited/left in the office of a party on a non working day - Such physical delivery is not the date of `receipt' of award by that party - Fact that the beldar or a watchman was present on a holiday or non-working day and had received the copy of the award cannot be considered as..........
