Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney when can depose for the principal - If power of attorney has acted in place of principal prior to filing of the suit, he can depose for principal but not in all circumstances...........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Advertisement - Car booking - Mercedes Benz E - 250D - Booking of complainant matured in May, 1997 and he paid balance price of the car and took delivery without any stipulation about the replacement of the vehicle by an upgraded model in case a new model was launched within a particular time frame -..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Motor car - Purchase by firm for use of Managing partner for his going and coming to his place of work and home and it is for his use for activity of the firm - Plea by OP that car was sold by them to the complainant who is a commercial company and it has been used for a commercial purpose..........
Consumer Protection Act, 1986, Section 2(1)(r), 2(1)(g), 14(1)(d) -- Motor car - Unfair trade practice - Deficiency in service - Compensation - Purchaser was sold a used car and not a new one - OPs failed to substantiate their claim that the Complainant had accepted that car with this knowledge - The conduct of the OPs will amount to an unfair trade practice within the..........
Civil Procedure Code, 1908, Order 22, Rule 2, 4 -- Suit for injunction - Death of defendant - Substitution of legal heirs - Perusal of plaint shows that, word `agent', his men or any other person claiming through the defendant` has been used and therefore, heirs of the defendants who are sought to be substituted can very well be treated to be the agent or any other man of..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Motor Vehicles Act, 1988, Section 2(47), 3, 75(2) -- Insurance claim - Repudiation - Driving licence invalid - Driving licence of the driver was for driving an LMV i.e. a private vehicle and there was no endorsement in the licence for driving a transport vehicle (i.e. a commercial vehicle) as defined in Section..........
Consumer Protection Act, 1986, Section 2(1) -- UTI Mastergain 1992 - Transfer of unit - Delay to 3 to 15 months - Deficiency in service - Compensation - Total value of units being around Rs. 49,00,000/ - - It will adequately meet the ends of justice if a lump sum compensation of Rs. 5,00,000/ - is awarded to the complainant to be paid by OP Nos. 1 and 2 jointly and..........
Dowry Prohibition Act, 1961, Section 2 -- Dowry death - Dead body of married woman found on railway track - Allegation that accused allegedly harassed and mal-treated deceased for bringing scant dowry - Further allegations that accused made demand of Rs.50, 000/- soon before death of deceased which he required to start work - Acquittal of accused upheld - Held, demand of..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Motor Vehicles Act, 1988, Section 2(47), 3, 75(2) -- Insurance claim - Repudiation - Driving licence invalid - Driving licence of the driver was for driving an LMV i.e. a private vehicle and there was no endorsement in the licence for driving a transport vehicle (i.e. a commercial vehicle) as defined in Section..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Motor Vehicles Act, 1988, Ss.2(47), 3, 75(2) - Insurance claim - Repudiation - Driving licence invalid - Driving licence of the driver was for driving an LMV i.e. a private vehicle and there was no endorsement in the licence for driving a transport vehicle (i.e. a commercial vehicle) as defined in S.2(47) of the..........
