Consumer Protection Act, 1986, Section 2(1)(g) , 2(1)(f) -- Jeep - Manufacturing defect - Dealers liability - Held that if dealer acts just as an agent of manufacturer, he could not be held liable for the manufacturing defect and liability would be that of manufacturer - In case where independent dealership without there being any agency of the manufacturers, vehicles are..........
Consumer Protection Act, 1986, Section 2(1)(d) , 2(1)g) , 21(b) -- Consumer - Leakage in pipeline - Laid down by the Public Health Engineering Department - Resulted in excessive damage to house of respondent - Complainant held consumer as he is drawing water from the same pipeline - There was excessive damage to his house - Entitled to compensation...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Agriculturist Accident Insurance Policy, 2005 - Insurance claim - Rejection of - On ground that claim papers submitted after 110 days instead of submitting within 60 days after the death Immediately after the accidental death necessary information was given to Village Revenue Officer - Therefore, the time should commence to..........
Consumer Protection Act, 1986, Section 2(1)(e) -- Consumer dispute - Dispute between landlord and tenant - Does not come within the purview of CP Act...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - To be read as a whole - Not permissible to cull out a sentence and passage to read it out of the context, in isolation - It is the substance and not the form that has to be looked into - Intention of party is to be gathered from the tenor and term of his pleading taken as a whole...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - An interim injunction which has the effect of granting final relief should not be granted...........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 45 -- Insurance claim - Suppression of material fact - Merely because the doctor of the appellant - Insurance Company had not noticed any medical disease on the person of the insured at the time of filling up the proposal form or that he had given a good health report, it does not mean that the..........
Consumer Protection Act, 1986, Section 2(1),(d),(i),(ii) -- Consumer - M/s 'ASC' purchased goods and made payment - The cheque was issued by M/s 'ASC', the invoice bill and delivery memo was in its name - Findings of the Fora below that petitioner-complainant not a consumer need no interference...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for defamation against Magazine - Interim order passed against publisher restraining him from re-publishing defamatory articles in question or writing any such defamatory article in future - No ground to interfere...........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7(i)(v), 2(1a)(c) -- Prevention of Food Adulteration Rules, 1955, R.5, Appendix B - Coriander - Sample - Found not conforming to standards prescribed without detail of standards required - Held, in the absence of those details, it cannot be said that the same was adulterated - No justification in directing the..........
