Subscription Accident Claims & Compensation Cases Edition 2021
One Hundred and One years ago, The All India Reporter (AIR) was conceptualised as a law journal reporting cases with its head notes from all High Courts across India and the Privy Council. Considering the infrastructural facilities available at Nagpur, it was a herculean task, but our founder took upon himself this task with selfless objective of serving his brethren in the legal fraternity. In those days such a comprehensive journal covering cases from all across India was not available. A practising successful lawyer himself, he understood the needs of the lawyers. His aim was therefore prompt, accurate and reliable reporting at the most affordable price
The All India Reporter, as an organization can take pride with all humility, as being a pioneer in the field of law publications and for revolutionizing the law publication sector. Apart from conceiving the first and only pan-India Law Reports publication, we have many Firsts to our credit. The AIR Manual series, Digest’s on various topics, Exhaustive and most researched Commentaries on various Acts and Topics have all been published under the AIR banner.
With the advent of e-medium as a reliable and convenient mode of information transmission, AIR has forayed into e-Database segment. All our Journals, Publications and Databases are now available on the CD Rom as well as the Web medium. Thus, AIR has a presence in all the three media of information transmission – Print, CD Rom and Web services, making it a very robust and virile Law Publication House, which is responsive to the needs of the market without compromising on the core belief of Optimum Quality at all and any costs.
Apart from editorial excellence, the AIR has always believed in the Founder’s philosophy of “Optimum Service At The Most Economical Price”. Though this mantra has now found place in all management practices, these values were imbibed by the Founder more than Ten Decades ago when we were operating in a near monopolistic market. And Ten Decades later, we are still guided by the gospel preached and practiced by our Founder. Its living testament is the unbelievable wealth of information which we provide to all our patrons at the most economical subscription rates in the industry. We also can boast of having the entire infrastructure of publishing our publications under one roof. From receiving the Judgments from across India to editing them, pre-press activities, printing, post-press activities and finally despatching them – all these activities are done under one roof. We command the readership loyalty of nearly 1 million readers and we despatch close to 100,000 books per month. The mar
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (54 of 2002) , S.13— Insolvency and Bankruptcy Code (31 of 2016) , S.7— Limitation Act (36 of 1963) , S.14— Taking possession of secured assets – Exclusion from limitation period time spent litigating before wrong forum – Under Insolvency and Bankruptcy Code, financial creditor can claim benefit of S.14 of Limitation Act, in respect of proceedings under SARFAESI Act. (Para 85 86 87 88) Corporate Debtor defaulted in repayment of its debt to Financial Creditor, in terms of cash credit facility granted by the Financial Creditor to the Corporate Debtor. The said Cash Credit Account became irregular and Financial Creditor declared the said Account of the Corporate Debtor a Non Performing Asset (NPA). The proceedings under the SARFAESI Act stayed by the High Court by an interim order, on the prima facie satisfaction that the proceedings initiated by the financial creditor, which is a cooperative.Consumer Protection Act (35 of 2019) , S.11, S.12— Insurance Act (4 of 1938) , S.45— Insurance claim – Liability of insurer – Insurance Company would be liable to indemnify insured only in case of accidental death – No injuries found on body of deceased in post-mortem report – Medical report and opinion of expert proving death due to asphyxiation caused by alcohol consumption and regurgitation of food into larynx – Failure to produce evidence to prove death due to storm on night of accident – Specific non liability clause in case of death under influence of intoxicating liquor – Accidental death, not established – Insurance Company would not be liable to pay compensation – Evidence Act (1 of 1872) , S.45— (Paras121617) (Para 12 16 17) (B) Consumer Protection Act (68 of 1986) , S.11, S.12— Employees Compensation Act (8 of 1923) , S.4(1)(a)— Accidental claim -Liability of employer – Deceased died on duty – Employer was only acting as mediator for depositing premium of employees with Insu.