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National Insurance Co. Vs. Muna Ram and ors.

Court : Jammu and Kashmir

Reported in : 2010ACJ162,2008(2)JKJ612

..... we are not oblivious of the distinction between the statutory liability of the insurance company vis-'-vis a third party in the context of sections 147 and 149 of the act and its liabilities in other cases. but the same liabilities arising under a contract of insurance would have to be met if the contract is valid. if the contract of ..... compensation; and (ii) liability. it is beaten law of the land that insurer cannot challenge the quantum of compensation in view of the mandate of section 149 of motor vehicles act. however, it can defend the claim petition on other grounds provided permission is sought and granted in terms of mandate of section 170 of the motor vehicles ..... act, but no such permission was sought. thus, it cannot challenge the quantum of compensation.9. in order to avoid liability, insurer has to prove and plead that the cheque .....

Abhijeet Trivedi. Vs. State of U.P and Others

Court : Allahabad

..... basis of written report of the opposite party no. 3, registered a case at crime no. 308/2010, under sections 498-a, 304-b ipc and 3/4 dowry prohibition act against as many as five accused including the petitioner for investigation. 4. admittedly, the case is still under investigation. the petitioner is the friend of ankur tandon (husband of the .....

Rajesh Kumar Vs. State

Court : Delhi

..... their families, criminal courts cannot treat the nature of the offence under section 304-a ipc as attracting the benevolent provisions of section 4 of the po act. while considering the quantum of sentence to be imposed for the offence of causing death by rash or negligent driving of automobiles, one of the prime considerations ..... culpable homicide. 6. the contention of learned counsel for the petitioner that the investigating officer was not competent to prove the notice under section 133 motor vehicle act is liable to be dismissed as the section contemplates that any police officer authorized by the state government is competent to serve the notice to the owner of ..... and embellishment and is liable to be dismissed. it is further contended that the investigating officer was not competent to prove the notice under section 133 motor vehicle act. thus the legal requirement of proving the notice has not been complied with. the present case is a case of false implication, thus his conviction is .....

In the Matter Of: Uttar Pradesh Power Corporation Ltd Vs. M/S. Noida P ...

Court : Appellate Tribunal for Electricity APTEL

..... by the respondent to meet the requirement of its consumers over and above 45 mva supplied by the appellant. section 61 (d) of the electricity act, 2003 provides for recovery of cost of electricity in a reasonable manner. the national electricity policy stipulates that all the generating companies, transmission licensees and ..... order for determining the bulk supply tariff of the appellant. according to the appellant the sixth schedule has been repealed under section 185 of the electricity act, 2003. the sixth schedule defines various components of expenditure and reasonable return, principle of providing reasonable return to the distribution licensee and in case ..... applied in the absence of any regulations of the respondent no. 1, and no exception can be taken thereto. section 61 (b) of the electricity act 2003 stipulates that the terms and conditions for tariff determination for generation, transmission and distribution of electricity shall be on commercial principles. section 61 (d) .....

In the Matter Of: Gujarat Electricity Transmission Company Ltd Sardar ...

Court : Appellate Tribunal for Electricity APTEL

..... the matter relating to use of state transmission system for conveyance of power to other licensees is more appropriately covered under sections 35 and 36 of the act. these explicit statutory provisions cannot be ignored. we are therefore proceeding by specifying method of calculation of the transmission charges in the present case. in ..... due course, the commission will come out with draft regulations under section 36 of the act so as to deal with the issue of determination of transmission charges for intervening inter-state transmission facilities. 33. above discussion leads one to the ..... the matter relating to use of state transmission system for conveyance of power to other licensees is more appropriately covered under sections 35 and 36 of the act. these explicit statutory provisions cannot be ignored. we are therefore proceeding by specifying method of calculation of the transmission charges in the present case. in .....

Sehajdhari Sikh Federation Vs. Union of India and Others

Court : Punjab and Haryana

..... hence we hold that the nature, scope and sweep of the power entrusted to the central government to cause `exception' or `modification' in a central act, state act or provincial act resembles the power exercisable by it under section 67(2) and is subject to the same limitations. any attempt, if made to widen the scope of section ..... ' and if section 72(1) is dissected into parts for its better understanding, it reveals that :- (i) when a body corporate constituted under a central act, state act or provincial act for the existing state of punjab or for any part thereof, (ii) serves the needs of the successor states or by virtue of re- organization of the ..... as to statutory corporations. - (1) save as otherwise expressly provided by the foregoing provisions of this part, where any body corporate constituted under a central act, state act or provincial act for the existing state of punjab or any part thereof serves the needs of the successor states or has, by virtue of the provisions of part ii .....

Ramsharan Ramvagas Lohar Vs. State of Madhya Pradesh

Court : Chhattisgarh

..... is the intentional injury, which must be sufficient to cause death in the ordinary course of nature. it is immaterial whether the offender had knowledge that an act of that kind will be likely to cause death. the offenders subjective knowledge of the consequence is irrelevant. the result of the intentionally caused injury must ..... , air 1976 sc 1994, the honble supreme court has held thus: 6. the dying declaration is undoubtedly admissible under section 32 of the evidence act and not being a statement on oath so that its truth could be tested by cross-examination, the courts have to apply the strictest scrutiny and the closest circumspection ..... by the learned additional sessions judge for convicting the appellant under section 302 of the indian penal code is unsustainable. alternatively, learned counsel also argued that the act of the appellant would not be punishable under section 302 of the indian penal code and even after admitting the entire case, the appellant would be liable for .....

Disha Vashishtha and anr. Vs. Ndmc and ors.

Court : Delhi

..... deposit till a final decision was taken.5. the writ petition was transferred to the central administrative tribunal when by virtue of a notification issued under the central administrative tribunal act 1985 requiring service related disputes between employees or their heirs and ndmc to be adjudicated before the central administrative tribunal.6. vide impugned decision dated april 19, 2011 the tribunal ..... by ndmc and at that point of time her parents and her sister urmila, being left without any financial support compelled nirmala to leave her matrimonial house and not the act of petitioner no.2 living in adultery. as per petitioner no.2, his wife took along with her their son (respondent no.2), as is usual in india and left .....

K.Palaniswamy Vs. Commandant of T.N.Special Police Iv Battalion

Court : Chennai

..... term 'desertion' read as follows : deserter: one who deserts, one who quits a service without permission.[s.41(1)(f), cr.p.c.] desertion: in general, the act by which a person abandons and forsakes, without justification but a station or condition of public or social life, renouncing its responsibilities and to evading its duties. in krushnakant b ..... has held as follows:it has been held that: "... ... we are of the view that the punishment of dismissal/removal from service can be awarded only for acts of grave nature or as cumulative effect of continued misconduct proving incorrigibility or complete unfitness for police service. merely one incident f absence and that too because of bad ..... appeal no.1608 of 2011 by judgment, dated 26.02.2013, referring the earlier decision, on a similar set of facts, this court (mr.r.k.agrawal, acting chief justice and mr.n.paul vasanthakumar, j) allowed the writ petition in favour of the petitioner who was dismissed from service under rule 3(b) of tamil nadu .....

The Oriental Insurance Co. Ltd., Rep. by Vs. Doppalapudi Sujatha and O ...

Court : Andhra Pradesh

..... . aggrieved by the death of the deceased, the wife and parents of doppalapudi sida rao filed o.p.no.117 of 2001 under section 166 of the motor vehicles act, 1988 (the act, for short) and the rules thereunder claiming compensation at rs.10,00,000/-. the wife, the minor daughter and the parents of v.radhakrishna murthy laid o.p.no ..... .317 of 2001 under section 166 of the act claiming compensation at rs.10,00,000/- for the death of v.radhakrishna murthy.3. the eyewitness to the accident was examined as p.w.3 in o.p.no .....