Consumer Protection Act, 1986, Section 2(1)(g), 21(b) -- Revisional jurisdiction - Concurrent findings - Mediclaim policy - Suppression of previous illness - Renewal with an enhancement in the cover from Rs. 1,50,000/ - to 3,00,000/..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal - Very right of vendors to execute sale deed-cum-general power of attorney itself is in clouds - There is documentary evidence to establish that defendants, their father and grandfather sold certain extent of land - Encumbrance certificate shows that lands were alienated in favour of plot..........
Consumer Protection Act, 1986, Section 2(1)(g), 21(b) -- Revisional jurisdiction - Concurrent findings - Mediclaim policy - Suppression of previous illness - Renewal with an enhancement in the cover from Rs.1,50,000/- to 3,00,000/- The Insurance Company - OP has already settled the claim of the petitioner to the extent of Rs.1,50,000 covered by the mediclaim policy before..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(g), 14(1)(d) -- Insurance policy - Consumer - Premium payment - Non issuance of receipt - Liability of principal for the acts of agent - Agent collected Cheque for premium and got it encashed but did not deposit the premium amount with the appellants and no receipt for deposit of premium issued - Plea of the appellant..........
Industrial Disputes Act, 1947, Section 2(oo), 11A, 17B -- Termination - Re - instatement - Back wages - Termination of petitioner - workman for unauthorized absence - Workman was detained in jail for some time and he did not get any job thereafter his release - As he was working as a Chowkidar, therefore, judicial inference can easily be drawn that as an able bodied..........
Civil Procedure Code, 1908, Section 2(14) -- Definitions of ward `Order' in legal parlance - There should be formal adjudication of particular issue by Court - One line vague observation that objection raised by second party is allowed except for dismissal of case and adjoining main case for arguments, cannot legally be termed as order contemplated u/s 2(14) of Civil..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading and proof - Evidence beyond pleadings cannot be looked into or relied upon...........
Consumer Protection Act, 1986, Section 2(1)(f), 14(1)(d) -- Seeds - Defective paddy seeds - Compensation - Despite the fact that a report of expert was filed the appellant/manufacturer did not file the test report before its release of seeds into the market - It did not file any of the test reports furnished by the seeds testing laboratory - Evidence of complainants in the..........
Motor Vehicles Act, 1988, Section 166, Civil Procedure Code, 1908, Section 2(11) -- Fatal motor accident - Deceased after 15 days of her marriage became a widow and came back to her maternal house where her physically handicapped brother and unmarried sister were living and who are claimants - Claimants were dependent for their livelihood on the earnings of deceased -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Grant of - Sale pendente lite - Effect of provision of S.52 of TPA - Held, provisions of S.52 of the TPA though may be used in cases of sales which came in existence during the pendency of suit or in other fit and appropriate cases but that does not make..........
