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...wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, the carrier shall be wholly or partly exonerated from i...claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. When by reason of death or injury of a passenger compensation is claimed by a ...wrongful act or omission of that passenger. This rule applies to all the liability provisions of these rules, including sub-rule (1) of Rule 21.R.21(1) For...
...as provided in Section 12 of the Partnership Act. Section 26 provides that “where, by the wrongful act or omission of a partner acting in the ordinary course of the business of a firm, or with the...contract of insurance as evidenced by the policy of insurance, the vehicle can be driven either by a driver in the employment of the insured or with the permission of the insured by one who holds a...?8. Whether Respondent 6 proves that under the provisions of Section 95 of the Motor Vehicles Act and the policy in force their liability in any event is limited to the...
...by its negligence or other wrongful act or omission. Simultaneously, enhancement was also made on the compensation in respect of damage caused to baggage/cargo.16. The earlier...other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, the Carrier shall be wholly or partly exonerated ...the claimant, to the extent such negligence or wrongful act or omission has caused or contributed to the damage. When by reason of death or injury of a passenger, compensation is claimed ...
...Torts envisages wrongful act or omission. Negligence is a wrongful act or omission. To avoid this, statutory right was given to workman to get compensation even if there is no ne...death is not liable for the same. In order to get compensation, person claiming is required to prove that on account of wrongful act of the person causing death, he is entitled to compensation. It comes...would have been limited to the grounds available under sections 95 and 96 of that Act unless the owner would have remained ex parte or would have colluded with the claimant. Scope of an insurer to...
...partner of a limited liability partnership is liable to any person as a result of a wrongful act or omission on his part in the course of the business of the limited liability partnership or with its...personal liability of a partner for his own wrongful act or omission, but a partner shall not be personally liable for the wrongful act or omission of any other partner of the li...the firm done while he is a partner. 26. Liability of the firm for wrongful acts of a partner.--Where, by the wrongful act or omission of a...
...) The provisions of sub-section (3) of section 27 and sub-section (1) of this section shall not affect the personal liability of a partner for his own wrongful act or omission, but a partner shall not...be personally liable for the wrongful act or omission of any other partner of the limited liability partnership."
16. Learned Counsel then pointed out that, the...Plaintiff had not pleaded that there was any wrongful act or omission on the part of Defendant Nos.2 and 3 or that there was any case for lifting the corporate veil. He therefore respectfully submitted...
.... Further, in Kaushnumma Begum v. New India Assurance Company Limited, 2001 ACJ 421 SC the issue of wrongful act or omission on the part of driver of the motor...Shahrukh was riding on a two wheeler along with two other persons. Thus, he himself was negligent in causing the accident or in any case, there was contributory negligence on the part of the deceased...Company Limited v. Pushpa Rana wherein in the Hon'ble High Court held that in case the petitioner files the certified copy of the criminal record or the criminal record showing the completion...
...affect the personal liability of a partner for his own wrongful act or omission, but a partner shall not be personally liable for the wrongful act or omission of any other partne...this Act, may be recovered from the person liable to pay the same or his legal successors or from his surety or his agent as if they were the arrears of land revenue.
(2...) In the event of default in payment of excise revenue or otherwise, by any person licensed under this Act, his manufactory, warehouse, shop or premises and all fittings, apparatus, stocks of liquor or...
...:“Where between the act of the defendant and the damage complained of there intervenes, as one of the links in the chain of causes, the wrongful act or omission of a third party, the questio...restraining the second defendant from getting the trees marked or from tapping them. The application was adjourned by the Judge to whom it was made to the 28th March 1922. After the adjournment was made...instituted the present suit claiming damages for the act of the Abkari authorities from the first defendant.3. The District Munsif who tried, the suit unfortunately treated it as one...
...devolves on the defendant to permit that thing being done and when by means of a wrongful act or omission of the defendant, the plaintiff is prevented from exercising his right. The cause of action...consists of three factors viz., (1) the plaintiff's primary right, (2) the defendant's corresponding primary duty, and (3) the wrongful act or omission of the defendant by which the primary right and...would undoubtedly have the right to go to a Court of law and say that his right Is being denied to him and the Court should determine whether he can enter the temple without a red waistcoat or not. In...
...justified with reference to the residuary entry 97 of List I. Negligence would be a wrongful act or omission which could be penalised by subjecting the perpetrator of the negligent act to damages ...provisions for the self-same act and/or omission, namely, section 271(1)(c);(h) the impugned provisions were discriminatory as on the same facts the Assessing...this Act shall apply accordingly; and(ii) if any refund is due on the basis of such return, it shall be granted to the assessee:Provided that in computing the tax or...
... accident was caused by the negligence or other wrongful act or omission of a third party. This is subject to the further condition that burden of pleading and establishing this defence is o...their employee or that it was caused by the negligence or wrongful act or omission of a third party. The onus of proving the absence of negligence is on carrier and there is a presumption of negli...negligence of the carrier or their employees or their agent or it was caused by the negligence or other wrongful act or omission of a third party. The question which then remains...
...a person, who has sustained an injury through the wrongful act or omission of another. Often a distinction is drawn between damages and compensation. Damages is used for recovering the pecuniary...recompense awarded in reparation for a loss or injury caused by a wrongful act or omission. The word ‘compensation’ is used in relation to a wrongful act which caused the injury. The word...the Motor Vehicles Act compensation can be awarded only for death or bodily injury to any person arising out of the use of the motor vehicle or damages to any property of the third party so...
...Torts, Edn. 13 (1943), say at pp. 4 and 5:“The crucial test of a legally wrongful act or omission is its prejudicial effect on the legal right of another ……. Every infringement of a...private right denotes that an injury or wrong has been committed, which is imputable to a person by whose act, omission, or forbearance, it has resulted.”8. Damages have therefore been...1. This appeal arises out of a suit for damages for wrongful attachment of the tonga and pony of the plaintiff-respondent in execution of the decree obtained against the plaintiff's...
...:—“26. Where, by the wrongful act or omission of a partner acting in the ordinary course of the business of a firm, or with the authority of his partners, loss or injury is caused ..., or(h) enter into partnership on behalf of the firm”.Section 22 deals with the mode of doing act to bind a firm and is in these terms:“In order to bind...a firm, an act or instrument done or executed by a partner or other person on behalf of the firm shall be done or executed in the firm name, or in any other manner expressing or implying ...
....There is another mode of approaching this case. It is established that notice is not required where the action is brought on a contract: for the conduct leading to the action is a wrongful act or ...is not free from the condition of notice is, that the suit is not in respect of anything done in breach of a specific contract but in respect of an act or omission in execution of the Act. The form of...Jenkins, C.J:— This is a case stated for our decision under section 617 of the Civil Procedure Code (Act XIV of 1882) by Mr. Chitty, the Chief Judge of the Small...
...) The provisions of sub-section (3) of section 27 and sub-section (1) of this section shall not affect the personal liability of a partner for his own wrongful act or omission, but a partner shall not...be personally liable for the wrongful act or omission of any other partner of the limited liability partnership."
16. Learned Counsel then pointed out that, the...Plaintiff had not pleaded that there was any wrongful act or omission on the part of Defendant Nos.2 and 3 or that there was any case for lifting the corporate veil. He therefore respectfully submitted...
...) The provisions of sub-section (3) of section 27 and sub-section (1) of this section shall not affect the personal liability of a partner for his own wrongful act or omission, but a partner shall not...be personally liable for the wrongful act or omission of any other partner of the limited liability partnership."
16. Learned Counsel then pointed out that, the...Plaintiff had not pleaded that there was any wrongful act or omission on the part of Defendant Nos.2 and 3 or that there was any case for lifting the corporate veil. He therefore respectfully submitted...
...) The provisions of sub-section (3) of section 27 and sub-section (1) of this section shall not affect the personal liability of a partner for his own wrongful act or omission, but a partner shall not...be personally liable for the wrongful act or omission of any other partner of the limited liability partnership."
16. Learned Counsel then pointed out that, the...Plaintiff had not pleaded that there was any wrongful act or omission on the part of Defendant Nos.2 and 3 or that there was any case for lifting the corporate veil. He therefore respectfully submitted...
...) The provisions of sub-section (3) of section 27 and sub-section (1) of this section shall not affect the personal liability of a partner for his own wrongful act or omission, but a partner shall not...be personally liable for the wrongful act or omission of any other partner of the limited liability partnership."
16. Learned Counsel then pointed out that, the...Plaintiff had not pleaded that there was any wrongful act or omission on the part of Defendant Nos.2 and 3 or that there was any case for lifting the corporate veil. He therefore respectfully submitted...