Case Law - Company Law

A claim for compensation under Motor Vehicles Act, 1988, whether can be made by legal representative not dependent upon deceased… [National Insurance Company Ltd. Vs. Birender and Ors.]

Section 166 of the Motor Vehicle Act, 1988- Application for compensation- Deceased was going to attend her office when she met with an accident by a truck being driven in rash and negligent manner – Deceased succumbed to her injury and there upon respondent i.e deceased’s son filed a claim petition before Motor Accidents Claims Tribunal…

April 24, 2020

Applicability of section 379 in respect of offence committed under Mines Regulation Act,1957 [Kanwar Pal Singh V. State of Uttar Pradesh and Anr.]

Where appellant was engaged in illegal mining of sand and thereby, committed an offence under section 22 of Mines Regulation Act, 1957, it being a case of theft of movable property…

December 25, 2019

Pending of civil suit between parties,whether can form a ground for dismissal of complaint filed under section 323,IPC…[Md. Allauddin Khan Vs. State of Bihar & Ors.]

On a complaint for alleged commission of offences under section 323, 379 and 34, mere pendency of civil suit between parties is not an answer to question as to whether any case was made out against accused or not

July 26, 2019

Re-employment sought by temporary workers as a matter of right, initial burden on….[The Superintending Engineer TWAD Board & Another Vs. M. Natesan, etc.]

Initial burden of proof is on temporary workers to prove that they worked continuously for 240 days in an year in order to seek re-employment as a matter of right

June 3, 2019

Petition challenging appellant’s election dismissed on meet whether case for perjury made out;

Where appellant’s election to Lok Sabha was challenged but he could not remain present in proceedings by stating that notice was received by his employee, since election petition itself was dismissed later on, no case for perjury was made out u/s 340 of CRPC on ground that aforesaid statement given by appellant was false.

October 16, 2018

Deceased hit truck from back, whether compensation payable;

Where deceased travelling in a car, hit truck from back and there was no evidence on record showing that driver of truck was driving truck in rash and negligent manner, no case for payment of compensation was made out

October 16, 2018

Unilateral change in terms of insurance policy at later stage, whether permissible;

Where insurance company intends to change its policy from ‘as per list policies’ to ‘policies for consolidated amount’ it has to inform insured at time of issuing first policy of insurance as liability cannot be denied on subsequent unilateral change in term of policy.

October 16, 2018

Casual employees of Chennai port trust, whether eligible for service benefits;

Employees of Chennai Port Trust working for decades in canteen and fulfilling needs of regular employees of trust, were entitled to same benefits which were given to permanent employees of Trust.

October 16, 2018

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