Consumer Protection Act, 1986, Section 23 -- Apartment buyers agreement - Delay of handing over possession - Refund of amount - Agreement stipulated the date of delivery of possession of the apartment for fit outs with a grace period of one year - Admittedly, respondent/company did not offer delivery of possession of the apartment for fit outs by that date - Agreement..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Partly allowed - Suit allowed to be withdrawn - Liberty to file fresh suit on the same cause of action not granted - Plaintiff is rendered remediless - Impugned order to the extent not granting liberty to file fresh suit set aside - Plaintiff..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Partly allowed - Suit allowed to be withdrawn - Liberty to file fresh suit on the same cause of action not granted - Plaintiff is rendered remediless - Impugned order to the extent not granting liberty to file fresh suit set aside - Plaintiff..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, Rule 22(3)(1) -- Property of mother - Eviction of son and daughter-in-law - Property has been allegedly purchased by father in the name of mother through general power of attorney and other supporting documents - Though..........
Drugs and Cosmetics Act, 1940, Section 23, Criminal Procedure Code, 1973, Section 482 -- Sample of drug - Quashing of proceedings - Inspector while taking sample has not followed mandatory provisions of S.23 of the Act - Applicant was neither involved in the affairs of company nor was in-charge of key personnel running the company at the time of alleged offence, as he had..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Plaintiff once having consciously entered into a compromise showing his inclination not to pursue the suit cannot question execution of the same and based on that cannot seek recall of the decree passed by Court...........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Development of hoarseness in voice after surgery - Mere reliance on medical literature would not be sufficient to exonerate Hospital from its duty of ensuring that Head of Department, Anesthesia ought to have inserted Double Lumen tube - Instead he was not available and task was delegated to a trainee..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Development of hoarseness in voice after surgery - District Forum has not taken all the relevant aspects into consideration for arriving at a rightful compensation payable to deceased - However, since the appellant expired during pendency of proceedings before NCDRC, no useful purpose would be served in..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction - Power of Tribunal/Magistrate - Tribunal/Magistrate has power to order eviction of transferee while considering application u/s 23(2) of the Act - However, power to order eviction by Tribunal can be resorted to only after notice to transferee and consideration of his claim if any...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Medical negligence - Loss of vision in left eye - Ethics Committee of Medical Council of India conducted an enquiry and held respondent guilty of medical negligence in treatment of complainant and removed his name from Indian Medical Register for a period of six months - Said order of MCI not challenged by..........
