DEVI v. ROYAL SUNDARAM ALLIANCE 16 INSURANCE CO. LTD.

M/S Tumkur Dcc Bank Ltd vs. The Assistant Commissioner

In the result, the appeals as well as the cross objection

Bench: SATISH CHANDRA SHARMA,V SRISHANANDA

…s and legal evidence 18 adduced by both the parties and the same cannot be based merely on police records. [See: ‘MINUROUT VS. SATYA PRADYUMNA MOHAPATRA’, (2013) 10 SCC 695 AND ‘SARALA DEVI VS. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.,’, (2014) 15 SCC 450]. It is well settled in law that burden to prove breach of duty on the part of the victim lies on the insurance company and the insurance company has to discharge the burden. [SEE: ‘USHA RAJ KHOWA VS. PARAMOUNT INDUSTRIES’, (2009) 14 SCC 71]. In ‘MANGALA RAM VS. ORIENTAL INSURANCE CO. LTD.’, (2018) 5 SCC 656]. In the background of the afor…

The Pr. Commissioner of Income Tax vs. M/S Aci Worldwide Solutions P Ltd

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

…cles could have moved either due to impact or by the parties themselves, as held by the Apex Court in the cases of MINUROUT vs. SATYA PRADYUMNA MOHAPATRA, [(2013) 10 SCC 695] AND SARALA DEVI VS. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., [(2014) 15 SCC 450]. Thus, in the absence of any material proof of contributory negligence alleged by the insurer, this contention is liable to be rejected. 16. In so far as the claim for compensation is concerned, the deceased Smt.Shwetha was a software engineer which is evident from Ex.P11. It is also found that she was a Director in a Private Limited C…

Intel Services Llc vs. The Deputy Director of

In the result, the appeals as well as cross objections

Bench: ALOK ARADHE,M.I.ARUN

…legal evidence adduced by both the parties and the same cannot be based merely on police records. [See: ‘MINUROUT VS. SATYA PRADYUMNA MOHAPATRA’, (2013) 10 SCC 695 AND ‘SARALA DEVI VS. ROYAL SUNDARAM ALLIANCE 16 INSURANCE CO. LTD.,’, (2014) 15 SCC 450]. It is well settled in law that burden to prove breach of duty on the part of the victim lies on the insurance company and the insurance company has to discharge the burden. [SEE: ‘USHA RAJ KHOWA VS. PARAMOUNT INDUSTRIES’, (2009) 14 SCC 71]. The Supreme Court in ’JIJU KURUVILA AND ORS. VS. KUNJUJAMMA MOHAN AND ORS.’, (2013) 9 SCC 166 has…

Pr Commissioner of vs. M/S Tata Elxsi Ltd

The appeals are disposed of

Bench: The Hon’Ble Mr. Justice H. T. Narendra Prasad Mfa No.335 Of 2019(Mv) C/W Mfa No.1587 Of 2020(Mv)

…nd legal evidence adduced by both the parties and the same cannot be based merely on police records. [See: ‘MINUROUT VS. SATYA PRADYUMNA MOHAPATRA’, (2013) 10 16 SCC 695 AND ‘SARALA DEVI VS. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.,’, (2014) 15 SCC 450]. It is well settled in law that burden to prove breach of duty on the part of the victim lies on the insurance company and the insurance company has to discharge the burden. 12. Under this background, I have examined the case. PW-1 in her evidence has reiterated the averments made in the claim petition. PW-2 is the eye witness, he has…

The Commissioner of Income Tax vs. M/S Te Connectivity India P Ltd

In the result, the appeals as well as cross objections

Bench: S.SUJATHA,VINEET KOTHARI

…legal evidence adduced by both the parties and the same cannot be based merely on police records. [See: ‘MINUROUT VS. SATYA PRADYUMNA MOHAPATRA’, (2013) 10 SCC 695 AND ‘SARALA DEVI VS. ROYAL SUNDARAM ALLIANCE 16 INSURANCE CO. LTD.,’, (2014) 15 SCC 450]. It is well settled in law that burden to prove breach of duty on the part of the victim lies on the insurance company and the insurance company has to discharge the burden. [SEE: ‘USHA RAJ KHOWA VS. PARAMOUNT INDUSTRIES’, (2009) 14 SCC 71]. The Supreme Court in ’JIJU KURUVILA AND ORS. VS. KUNJUJAMMA MOHAN AND ORS.’, (2013) 9 SCC 166 has…

The Commissioner of Income Tax vs. M/S Te Connectivity Inida P Ltd

In the result, the appeals as well as cross objections

Bench: S.SUJATHA,VINEET KOTHARI

…legal evidence adduced by both the parties and the same cannot be based merely on police records. [See: ‘MINUROUT VS. SATYA PRADYUMNA MOHAPATRA’, (2013) 10 SCC 695 AND ‘SARALA DEVI VS. ROYAL SUNDARAM ALLIANCE 16 INSURANCE CO. LTD.,’, (2014) 15 SCC 450]. It is well settled in law that burden to prove breach of duty on the part of the victim lies on the insurance company and the insurance company has to discharge the burden. [SEE: ‘USHA RAJ KHOWA VS. PARAMOUNT INDUSTRIES’, (2009) 14 SCC 71]. The Supreme Court in ’JIJU KURUVILA AND ORS. VS. KUNJUJAMMA MOHAN AND ORS.’, (2013) 9 SCC 166 has…

The Commissioner of vs. M/S Marlabs Software Pvt Ltd

The appeals are disposed of

Bench: S.SUJATHA,VINEET KOTHARI

…evidence adduced by both the parties and the same cannot be based merely on police records. [See: ‘MINUROUT VS. SATYA PRADYUMNA 15 MOHAPATRA’, (2013) 10 SCC 695 AND ‘SARALA DEVI VS. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD.,’, (2014) 15 SCC 450]. It is well settled in law that burden to prove breach of duty on the part of the victim lies on the insurance company and the insurance company has to discharge the burden. 12. In the aforesaid background, we have examined the case. PW-1 has reiterated the statement made in the claim petition. He has categorically stated that the acc…

Commissioner of Income Tax vs. Badagabettu Credit Co Operative Society Ltd

The appeals are disposed of

Bench: ARAVIND KUMAR,MOHAN M. SHANTANAGOUDAR

…d legal evidence adduced by both the parties and the same cannot be based merely on police records. [See: ‘MINUROUT VS. SATYA PRADYUMNA MOHAPATRA’, (2013) 10 SCC 695 AND ‘SARALA DEVI VS. ROYAL SUNDARAM ALLIANCE 10 INSURANCE CO. LTD.,’, (2014) 15 SCC 450]. It is well settled in law that burden to prove breach of duty on the part of the victim lies on the insurance company and the insurance company has to discharge the burden. [SEE: ‘USHA RAJ KHOWA VS. PARAMOUNT INDUSTRIES’, (2009) 14 SCC 71]. 8. From perusal of the record it is evident that PW1 viz., the wife of the deceased is not an eye…