Manmon Nanda vs united India insurance company December-- 2021




We are here to protect any
Kind of Violance
We are here to protect any
Kind of Violance
We are here to protect any
Kind of Violance
We are here to protect any
Kind of Violance
We are here to protect any
Kind of Violance
We are here to protect any
Kind of Violance
We are here to protect any
Kind of Violance
We are here to protect any
Kind of Violance
About Us
We are here to fight against any violance with experience
Kanoonwala – Legal Services (KLS), is a legal consultancy firm comprising of young lawyers and working since the year 2009. The idea of establishing a legal consultancy firm was proposed by our colleague, in the year 2016, who has actively participated since the year 2009. However, the firm has got its legal recognition by the name and style of M/s Kanoonwala – Legal Services, in the year 2017 having its registration no. UPSA28713952/2017.
Delivering Cost Effective Legal Services Since 2009
The firm has associations with more than 50 lawyers practicing in different Courts, Judicial and Quasi Judicial Authorities and Tribunals at Lucknow. At Kanoonwala, the core concept of our is to serve our clients at the best of our abilities with total dedications towards work assigned to our each associates the highest standard of service industry.
Now we are dealing in different filed of law such as, HR Management Services, Documents Management, Legal Drafting, Litigation, Legal Compliances, Consumer Awareness, Medical Negligence, Insurance Claims, Commercial Disputes, Litigation, Arbitration, Banking and Financial Services, Labour and Employment matters, Matrimonial Disputes, Services related issues to government, semi-government and private organization.
Services
We are here to fight against any violance with experience
GENERAL LITIGATION
Litigation is a cornerstone of the group’s practice. Our lawyers have vast experience in defending our clients’ interests in the Civil Courts, High Court at Allahabad, Lucknow Bench and Nainital, Supreme Court, as well as various judicial and quasi-judicial bodies.
CONSUMER DISPUTES
India is the second-largest country by population and therefore there is a huge number of consumers and all global brands focusing their business on the Indian Market. Now a day’s Indian FMCG Sector is the fastest growing sector in the Indian economy after the service sector.
INSURANCE LAW
Due to the dynamic change in the Indian economic situation, the insurance sector in India had been growing in the fastest growing industry inviting the attention of several International Companies.
REAL - ESTATE
The ratio of the real estate sector in our GDP is increasing year to year and there is a huge opportunity for development in this field. To regulate and to bring uniformity to this field all over India our parliament had enacted many Acts and also many provisions had been made in this regard.
SERVICE & EMPLOYMENT MATTER
The sector of Service laws and employment matter is a growing sector in which the employee of the central government, state government, and other organizations are facing the serious concern of attrition with regard to their employment.
INDUSTRY AND LABOUR
To regulate the relationship and behavior of employer and employee/workman and to establish a peaceful environment for industrial growth various labour laws have been enacted by our parliament.
Latest News
Administrative authorities of Allahabad High Court has reviewed its earlier
1) What is the nature of the property and what would be the course of succession if it is a separate property as opposed to the undivided property? 2) Whether a sole daughter could inherit her father’s separate property dying intestate? And if so - 3) What would be the order of succession after the death of such a daughter?
According to this letter, it is clarified by Mr. Pandey that the Verification of COP is withheld in compliance with directions/orders issued by the Bar Council of India. The verification process will be started once any direction is issued in this regard. The COP issued earlier would be valid and legal.
Mukund Devgan vs oriental insurance company limited
The jurisprudential concept of negligence differs in civil and criminal law. What may be negligence in civil law may not necessarily be negligence in criminal law. For negligence to amount to an offence, the element of mens rea must be shown to exist. For an act to amount to criminal negligence, the degree of negligence should be much higher i.e. gross or of a very high degree. Negligence which is neither gross nor of a higher degree may provide a ground for action in civil law but cannot form the basis for prosecution.
On a plain reading of sub-section (3) of Section 401 Cr.P.C., it has to be held that sub-section (3) of Section 401 Cr.P.C. prohibits/bars the High Court to convert a finding of acquittal into one of conviction. Though and as observed herein above, the High Court has revisional power to examine whether there is manifest error of law or procedure etc., however, after giving its own findings on the findings recorded by the court acquitting the accused and after setting aside the order of acquittal, the High Court has to remit the matter to the trial Court and/or the first appellate Court, as the case may be. As observed by this Court in the case of K. Chinnaswamy Reddy (supra), if the order of acquittal has been passed by the trial Court, the High Court may remit the matter to the trial Court and even direct retrial. However, if the order of acquittal is passed by the first appellate court, in that case, the High Court has two options available, (i) to remit the matter to the first appellate Court to rehear the appeal; or (ii) in an appropriate case remit the matter to the trial Court for retrial and in such a situation the procedure as mentioned in paragraph 11 of the decision in K. Chinnaswamy Reddy (supra), referred to herein above, can be followed. Therefore, in the present case, the High Court has erred in quashing and setting aside the order of acquittal and reversing and/or converting a finding of acquittal into one of conviction and consequently convicted the accused, while exercising the powers under Section 401 Cr.P.C. The order of conviction by the High Court, while exercising the revisional jurisdiction under Section 401 Cr.P.C., is therefore unsustainable, beyond the scope and ambit of Section 401 Cr.P.C., more particularly sub-section (3) of Section 401 Cr.P.C. Issue no.1 is answered accordingly.
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