Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Commercial purpose - Banking service - Withdrawal of amount from account on the basis of stolen cheques - Deficiency in service - The entire matter in the complaint filed by complainant relates to operation of a bank account maintained by a commercial organization for a commercial purpose - The complaint will..........
Standards of Weights and Measures Act, 1976, Section 19, 74, Criminal Procedure Code, 1973, Section 482, Standards of Weights and Measures (Packaged Commodities) Rules, 1977, Rule 2, 4, 6, 8, 23 -- Prosecution u/s 19 of Standards of Weights and Measures Act - Quashing of complaint - In the complaint it was not identified as to who was the person responsible and incharge of..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d) -- Medical negligence - Unfair trade practice - Compensation - From evidence on record proved that there was no medical negligence committed by respondent No.1 in treating the patient - It was the heart failure which led to the death of the patient - Respondent No. 1 committed unfair trade practice in..........
Government Grants Act, 1895, Section 2 -- Transfer of Property Act, 1882 - Appellant under Govt. Grant act granted distinct licenses for the purpose of marinating depot for storage of petroleum products at yearly license fee - Held, Govt. Grants Act being a special statute would override general statute i.e. T.P.Act - Rights and obligation of the parties would be governed..........
Government Grants Act, 1895, Delhi Municipal Corporation Act, 1957, Section 114, 2(3), 119 -- Grant of license by Govt. to construct/erect petroleum installation building - On completion of construction licensee given exclusive possession of the same - Held, this raises strong presumption about tenancy in favour of licensee - Document in question though titled as license..........
Consumer Protection Act, 1986, Section 2(1)(c) -- Complaint maintainability - Insurance claim - Repudiation - Interchange of consignment - Payment of consignment received by the complainant - consignor from the consignee - Complainant cannot file the complaint to get further enrichment by claiming the amount from the Insurance Company - Complaint not maintainable...........
Consumer Protection Act, 1986, Section 2(1) -- Marine policy - Consignment of goods interchanged - Insurance claim - Necessary party - Non joinder - Entire problem arose due to the fault of shipping company the service provider - Neither the shipping company made party to the complaint nor any compensation claimed from that service provider - The complainant would forfeit..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Marine policy - Consignment of goods interchanged - Insurance claim - Fraudulent claim - Complainant by joining hands with the consignee, the shipping company and others, committed fraud pretending to have transported the goods to Canada, when actually there is no proof that the insured goods were put in the..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r) -- Medical negligence - Unfair trade practice - Consent - Surgery - Kidney tumour - Second surgery - Death of patient - The consent of the patient was taken on every occasion which was witnessed by the complainant himself and another witness and as an attendant - OPs have taken due care and followed the correct line..........
Civil Procedure Code, 1908, Order 11, Rule 2, 12, 14 -- Reply to application U.O.11.R.2 read with Rules 12 & 14 CPC not filed - An adverse inference is bound to be drawn against such a party...........
