LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

M S Sainani   27 May 2009 at 08:23

Reovery from carrier (Transporter) under Subrogation in Insu

The case I wish to talk about is a Transport Co booked certain material issuing a GR hiring a Third party Truck getting the Truck hired through a broker, an accepted practice in the Market.

The Truck Driver did not deliver the material & manipulated, sold the Cargo in market, the whereabouts are not traceable and Police as against FIR lodged issued an FR closing the case.

the goods being Insured Carrier issued a non delivery certificate to consignee, an Insurance claim was settled in favour of Insured, claim paid & Insurers are pursuing recovery from carrier under the recovery rights through subrogation & power of attorney.

What is the position for Carrier to defend his case in light of fact that they were also duped by the Truck owner / driver for the goods undelivered, they are also a victim of the fraudulent act. The carrier is having a good reputation & long standing , over 30 Yrs relationship with the Insured & carrier is not indicted & involved in non delivery. Are there chances of defending Transporter's case for no recovery, any case laws / references from Honorable Supreme Court on this ?

How to proceed in this case to defend the transporter who themselves is a victim of this fraud.

M S Sainani

hage nibo   27 May 2009 at 01:04

Compensation for non payment of salary

A central service employee drawing monthly salary of Rs 18,000/- per month deprived of his salaries for the last 32 months due to ulterior intention of his superior authority.



PRAKASHCHANDRA MARU   27 May 2009 at 00:03

registertion of company

hello all respected learned
pls.provide me full procedure to register company with the expenses of all documents and pls provide the documents if possible regards

Ghanshyam Adv.   26 May 2009 at 22:02

Order U/s 24 HMA : revision or appeal

Pls ld members tell me ,

Whether the order u/s 24 HMAct is revsionable or Appealable?

Any caselaw in the support is desired.

Its Urgent.

Thanks.

smith sharma   26 May 2009 at 21:50

Judicial and juristic activism

Hi,
all the respected members plz give me info abt judicial and juristic activism and plz give me detail diff. btn judicial and juristic activism.
Thnx
With regards
Mis.Smith Sharam{lawyer}

Vijay Kumar   26 May 2009 at 21:09

Denial of insurance

In an MACT case, the respondent insurance company has specifically denied the fact that the offending vehicle was insured by it.

Now the insurance company has moved an application u/s 170 of MV Act to take all defences that are available to the owner and driver of offending vehicle.

Please advise how to oppose. Is there any case-law on this point.




Vijay Kumar   26 May 2009 at 21:04

Sec. 163A &166 of MV Act

Is it mandatory while drafting an MACT claim petition to mention whether the compensation is being claimed u/s 163A or 166 of MV Act?

k.kumar raja   26 May 2009 at 20:54

judicial exam

hello kasrima,tnpsc means "tamilnadu pulic service commission"

Khaleel Ahmed Mohammed   26 May 2009 at 19:32

Recovery of pocession and Declaration of title

A group of people had house plots which they purchased from owner and got registration.The same land government alloted to one corporate company. The plot owners filed writ of mandamous against the government. The writ dismissed by the High court directing the petitioner to go to the civil court to prove there title.
Q1. The owners should give statutory notice to the governemnt before filing the suit?

Q2.The owners should file suit for recovery of pocession and declaration of tile or claim for compensation for their plots?

Khaleel Ahmed,
Hyderabad

Kalpesh   26 May 2009 at 16:38

Volutary contribution to PF

As per my company's PF rule which is pvt trust, I can't discontinue my voluntary PF contribution in between the financial year. Could you please let me know whether I can challenge valadity of such conditions ? Thanks ?