Motor Vehicles Act, 1988, Section 163, 2(21), 3, Central Motor Vehicles Rules, 1989, Rule 14 -- Motor accident claim - Invalid licence - Liability of insurance company - Vehicle involved was matador van, which is `light motor vehicle' - As per R.14 of the Rules, if driver is having license for Light motor vehicle must be held to have valid and effective driving license for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Purchase of property during continuance of prohibitory orders - Confers no right, title or interest in the transferee...........
Consumer Protection Act, 1986, Section 2(1)(d), Provident Funds Act, 1952, Section 15 -- Consumer - Provident fund - Forfeiture of - Plea that respondent being the employee of the appellant was not the consumer qua the appellant inasmuch as the provident fund was being maintained by the appellant and was not governed by the Act repelled - Held that the service provided by..........
Consumer Protection Act, 1986, Section 2(1)(g), Provident Fund Act, 1952, Section 10 -- Provident fund - Forfeiture of by employer Bank - Orders of the District Forum directing release of payment of Provident Fund with interest @ 8% p.a. upheld - Section 10 of the Act of 1952 debars all authorities including bank from attaching the provident fund of the employees be it for..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM -- Insurance claim - Surveyor - Second Surveyor - Appointment of second Surveyor - There was no justification in appointment of second Surveyor - State Commission held to have passed justified order by reducing the amount of the disputed duplicate bills and the bills which could not find any..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Medical service - Deficiency in service - Surgical procedure - Consent - Compensation - There was no consent by the appellant for permitting hysterectomy and salpingo oopberectomy - Performance of such surgery was an uauthorized invasion and interference with appellant's body - Which amounted to a tortious act of..........
Right to Information Act, 2005, Section 2(h) -- `Public Authority' - Petitioner/College has been receiving 95% aid from State - Therefore, petitioner falls within definition of `public authority' and expression `non-Government organization substantially financed directly or indirectly by the funds provided by the appropriate government' u/s.2(h)(d)(ii)...........
Trade Marks Act, 1999, Section 29, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Infringement of trademark - Passing off action - Plaintiff seeking interlocutory injunction against defendant who is using trademark `Bufer' deceptively similar to that of plaintiff `BUFIN'- Said trademark is used by defendant for identical product - Plaintiffs also establishing goodwill..........
Bombay Money Lenders Act, 1947, Section 2(9) -- Loan - Every loan is not covered by the provisions of the Act - There are excepted categories of loan which are not included in the definition of the term loan for the purposes of the Act...........
Consumer Protection Act, 1986, Section 2(1)(o) -- Financial services - Investment scheme - Green Gold Scheme - Non payment of amount - Liability of directors - Neither payment of money deposited nor rate of interest disputed - Non payment is also not in dispute - District Forum lifting the corporate veil and making the directors responsible for payment with interest which..........
