Minu Rout v. Satya Pradyumna Mohapatra

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

…ributory negligence has to be recorded on the basis of proper consideration of the pleadings 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 ‘MANGA…

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

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

…nnot be relied upon to determine the question of contributory negligence as the vehicles 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…

Intel Services Llc vs. The Deputy Director of

In the result, the appeals as well as cross objections

Bench: ALOK ARADHE,M.I.ARUN

…ributory negligence has to be recorded on the basis of proper consideration of the pleadings and 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]. Th…

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

…ributory negligence has to be recorded on the basis of proper consideration of the pleadings and 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]. Th…

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

…ributory negligence has to be recorded on the basis of proper consideration of the pleadings and 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]. Th…

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

The appeals are disposed of

Bench: S.SUJATHA,VINEET KOTHARI

…gence has to be recorded on the basis of proper consideration of the pleadings and legal 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 reite…

Commissioner of Income Tax- TDS vs. M/S. A.P.Power Generation Corporation Ltd

The appeal is partly allowed and the

Bench: The Learned

…criminal proceedings. (Bimla Devi vs. Himachal RTC, (2009) 13 SCC 530. (iii) Absence or non-production of FIR or the result of criminal trial does not have any bearing on the result of the claim petition. (Minu Rout vs. Satya Pradyumna Mohapatra, (2013) 10 SCC 695. (iv) Production of FIR and the report filed under Section 173 Cr.P.C. indicting the offending vehicle in the prima facie evidence to prove the accident.(N.K.V. Bros. (P) Ltd. vs. M. Karumai Ammal and Ors., (1980) 3 SCC 457. (v) Examination of some best eyewitnesses is not the requirement in the motor-accident claims. Nonexamination th…

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

The appeals are disposed of

Bench: ARAVIND KUMAR,MOHAN M. SHANTANAGOUDAR

…tributory negligence has to be recorded on the basis of proper consideration of the pleadings and 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…