14 September 2020


Search Results for Tag : Liability

Judgments

Post-dated cheques given as security against advance do not constitute a legally enforceable liability(14.08.2015)

When cheques are given as security against an advance, and could not be encashed unless the account between the parties was settled, the amount of suc.....

Tags : Cheque, dishonour, enforceable liability, post-dated

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Passenger to be compensated for theft even in non-identification of railway employee(26.02.2016)

The National Consumer Disputes Redressal Commission ruled that the Indian Railways is liable to compensate a passenger for the loss suffered on accoun.....

Tags : railways, employee, theft, vicarious liability

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A written communication sent to addressee's last known place of business, habitual residence or mailing address is deemed receipt.(22.07.2016)

Co-borrower along with other signatories of the home equity agreement are jointly and severally liable to re-pay the loan amount disbursed by concerne.....

Tags : Re-payment, loan, co-borrower, liability- joint & severable

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A written communication sent to addressee's last known place of business, habitual residence or mailing address is deemed receipt.(22.07.2016)

Co-borrower along with other signatories of the home equity agreement are jointly and severally liable to re-pay the loan amount disbursed by concerne.....

Tags : Re-payment, loan, co-borrower, liability- joint & severable

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National Commission has to exercise the jurisdiction only if State Commission or the District Forum either failed to exercise their jurisdiction or exceeded jurisdiction by acting illegally(02.08.2016)

Appellant-Society is a charitable institution running a girls hostel at Surat for the benefit of Adiwasi children. Appellant-Society purchased vitrifi.....

Tags : Defective tiles, Compensation, Liability

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A claimant for compensation ought not to be burdened with following a trail of successive transfers, which are not registered with registering authority(06.02.2018)

In instant case, an accident took place. By its award, the Tribunal granted compensation. The Tribunal noted that, the registration certificate of the.....

Tags : Compensation, Payment, Liability

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“Light Motor Vehicle" would include a transport vehicle as per the weight(06.03.2018)

The Motor Accident Claims Tribunal allowed a claim for compensation filed by the third Respondent. The claim arose from the death of the husband of th.....

Tags : Award, Compensation, Liability

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Use of a vehicle in a public place without a permit is a fundamental statutory infraction(17.05.2018)

The legal representatives of the deceased, preferred a claim petition before the Tribunal claiming compensation to the tune of Rs. 36,00,000. The clai.....

Tags : Award, Compensation, Liability

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State Government is liable to make the payment of electricity and water bills in respect of hotels/accommodations, occupied by security forces(31.08.2018)

The simple and short grievance of the petitioners in these petitions is that, although their hotels came to be occupied by the security forces from 19.....

Tags : Charges, Payment, Liability

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Waiver of imprisonment in lieu of payment of additional compensation is permissible, though under exceptional circumstances(10.10.2018)

In present matter, the original complainant instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 ('Act') against the Petit.....

Tags : Liability, Discharge, Sentence, Legality

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Where there is an exclusionary Clause in an insurance policy, burden lies on insurer to establish that exclusion is attracted(07.12.2018)

Present appeals arise from a judgment of a Division Bench of the High Court. The High Court has affirmed the decision of the Commission by which an in.....

Tags : Insurer, Liability, Exemption

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Owner of a vehicle who transfers it to another person is liable to pay compensation in case of an accident unless sale is reflected in Regional Transport Authority (RTA) records(14.12.2018)

Present appeal challenges the judgment passed by the High Court. The Appellant, original owner of a Santro Car sold said vehicle to Saveta Sharma, fir.....

Tags : Compensation, Accident, Liability

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Court can impose a condition ordering payment of part of decree amount while exercising power under Order IX Rule 13 of CPC(06.03.2019)

The challenge involved in present appeal is that, the Family Court was not justified in having ordered payment of part of the decree amount, when his .....

Tags : Maintenance, Liability, Interim Measure

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No automatic termination of recovery proceedings against members is contemplated on termination of liquidation proceedings(20.08.2019)

The question involved in the present matter is whether under the provisions of Section 109 of the Maharashtra Co-operative Societies Act, 1960 on expi.....

Tags : Liquidation, Liability, Proceedings, Members

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In a case of theft of a vehicle given for valet parking, hotel cannot claim exemption from liability on basis that they are protected by an ‘owner’s risk’ clause(14.11.2019)

In the facts of present case, on the night of 1st August, 1998, Respondent No. 2 herein (Complainant No. 2) visited the Appellant-hotel in his Maruti .....

Tags : Theft, Liability, Exemption

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If cheque is not issued for discharge of any debt or other liability, Section 138 of NI Act cannot be invoked(15.11.2019)

Present is an appeal filed under Section 378 of the Code of Criminal Procedure, 1973 (CrPC) impugning an order and judgment passed by the Judicial Mag.....

Tags : Cheque, Liability, Acquittal

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A comprehensive policy would cover liability of insurer for payment of compensation for occupant in car(13.12.2019)

In both the appeals, the Appellant - owner of the offending vehicle challenges the legality and correctness of the award in Claim Petition passed by t.....

Tags : Compensation, Direction, Liability

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Railway cannot deny liability to pay amount of compensation, even if passenger died or injured due to his own negligence(17.01.2020)

In present case, the Tribunal came to the conclusion that, deceased fell down due to his own negligence and, therefore, claimant is not entitled for c.....

Tags : Compensation, Payment, Liability

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Interest and penalty not imposable where credit wrongly availed, reversed prior to utilization(08.08.2016)

Issue involved was relating to liability to pay interest on cenvat credit availed by Appellant but not utilized and reversed subsequently. In present .....

Tags : Cenvat credit, Interest, Liability

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In a master and servant relation, master is vicariously liable for acts of omission of servant and liable to pay compensation for negligence and deficiency in service(15.11.2016)

21-year old educated son of complainant, lost his life by drowning at Boat Club, owned by Appellant, Paradeep Port Trust. Appellant has tried to shift.....

Tags : Compensation, Liability, Vicarious

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UAE Exchange Centre’s liaison office in India would not constitute a ‘Permanent Establishment’, thus not liable to pay tax as per provisions of IT Act and DTAAs signed between two nations(24.04.2020)

The Respondent is a limited company incorporated in the United Arab Emirates (UAE). It is engaged in offering, among others, remittance services for t.....

Tags : Liaison office, Tax, Liability

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Notifications & Circulars

MHA clarifies Misplaced Apprehensions of Industry Associations regarding Legal liability on Company CEOs, if employees found COVID-19 positive(23.04.2020)

No Separate/Fresh Permissions required from Authorities for Industries already permitted to operate prior to 15.04.2020, in areas falling outside Cont.....

Tags : Clarification, Apprehensions, Legal liability, Company CEOs

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Accounting Treatment of Enhanced Provision of Pension Scheme(18.04.2016)

In light of the pay revision of officers and employees carried out by public sector insurers in 2015-2016, the Insurance Regulator Development Authori.....

Tags : insurance, public sector employees, liability

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CBDT identifies non-filers through Non-filers Monitoring System (NMS) by using Data Analytics and request the Non-filers to assess their tax liability for AY 2018-2019(22.01.2019)

The Non-filers Monitoring System (NMS) aims to identify and monitor persons who enter into high value transactions and have potential tax liabilities .....

Tags : Non-filers, Identification, Tax liability

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News

Mumbai ITAT Rules, Property Co-Ownership doesn’t Mean Joint I-T Liability(16.08.2016)

Mumbai Income-Tax Appellate Tribunal (ITAT) has ruled that if a spouse has not invested in a property and is merely a co-holder, then on sale of such .....

Tags : Mumbai Income-Tax Appellate Tribunal, Joint I-T Liability

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MCA: Mandatory to File Overdue Returns Before Applying for Striking off Name for LLPs(29.05.2017)

Government has amended Limited Liability Partnership Rules, 2009 making it mandatory for LLPs to file overdue returns before filing an application to .....

Tags : Limited Liability Partnership Rules, 2009

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ITAT, Mumbai: Taxpayer Can Opt a Method Resulting in Lowest Tax Liability(19.03.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that if there exist two methods for tax payment, the Assessee can opt the method which would res.....

Tags : Income Tax Appellate Tribunal, Lowest Tax Liability

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Calcutta HC: 'Sting Operation' in Public Interest Does Not Extinguish Criminal Liability(29.01.2020)

Calcutta High Court has held that indulgence in 'sting operation' purportedly in public interest does not extinguish the criminal liability of an indi.....

Tags : Calcutta High Court, Sting Operation, Criminal Liability

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Delhi HC Affirms Assessee Not Entitled to Claim Deduction Until Liability Has Accrued(13.02.2020)

Delhi High Court has held that the Assessee is not entitled to claim the deduction until the liability for which deduction is claimed has accrued.

Tags : Delhi High Court, Deduction Until Liability Accrues

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SC: No Income Tax Liability for UAE Exchange in India(27.04.2020)

Supreme Court has ruled that no income tax can be levied on its liaison offices in India in respect of the principal business carried by it in United .....

Tags : Supreme Court, Income Tax Liability for UAE Exchange

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Statute

Carriage by Air (Amendment) Bill, 2015(02.12.2015)

The Lok Sabha has passed a Bill to enhance compensation payable by airlines in the event of death or injury of passengers and damage or loss of cargo .....

Tags : Air carriage, airline, liability, enhance

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International Cases

Conduct of employee must be related to relationship with employer to apportion vicarious liability(02.03.2016)

The British Supreme Court, deciding claims raising questions on vicarious liability of the employer, found that the conduct of the individual has to b.....

Tags : united kingdom, supreme court, vicarious liability, employer

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Conduct of employee must be related to relationship with employer to apportion vicarious liability(02.03.2016)

The British Supreme Court, deciding claims raising questions on vicarious liability of the employer, found that the conduct of the individual has to b.....

Tags : united kingdom, supreme court, vicarious liability, employer

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Victim’s entitlement to compensation measured by reference to the law of state of accident, routes to recovery provided by Directives he or she invokes(03.08.2016)

In present case, Respondent, a United Kingdom resident, was on holiday in Greece. Walking along the verge of a road, she was struck from behind by a v.....

Tags : Compensation, Liability, Jurisdiction

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A person who cannot be identified, cannot be sued under a pseudonym or description, unless circumstances are such that, service of claim form can be effected or properly dispensed with(20.02.2019)

The question at issue on present appeal is in what circumstances, is it permissible to sue an unnamed Defendant. On 26 May 2013, Ms Bianca Cameron was.....

Tags : Accident, Compensation, Liability

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Employer of an independent contractor is not liable for negligence or other torts committed by contractor in the course of execution of work(01.04.2020)

In present appeal, the Supreme Court is asked to decide whether Barclays Bank is vicariously liable for sexual assaults allegedly committed between 19.....

Tags : Medical assessment, Assaults, Liability

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Fraudulent claims rule does not defeat a claim wholly good in law, even if a lie is told in support of it(20.07.2016)

Duty of utmost good faith applied not only in making of contract but in course of its performance. In facts of present case, insurance claim was relat.....

Tags : Fraudulent claims rule, Applicability, Insurer’s Liability

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A company and its sole director are vicariously criminally liable for the acts of one of company's employees, if the discharge or abandonment occurs as a result of positive act(01.05.2020)

Present appeal principally concerns whether a company and its sole director are vicariously criminally liable for the acts of one of the company's emp.....

Tags : Illegal dumping, vicarious liability, acquittal

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Top Story

RBI issues direction limiting customer liability in online banking(06.07.2017)

RBI has issued direction limiting liability of customers due to recent increase in customer grievances related to unauthorised transactions. Direction.....

Tags : Limited liability, Online Banking, Directions

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Interest on delayed GST payment will now be calculated on net tax liability(15.02.2020)

The Central Board of Indirect Taxes and Customs (CBIC) released a statement clarifying that, interest payable on delayed payment of GST will be calcul.....

Tags : Tax liability, Interest, Delayed payment

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