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PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Contempt of Courts Act, 1971, Section 2(c) -- Decree of divorce - Appeal filed - Second marriage solemnized by husband/respondent - Whether the act of marriage by the respondent after the filing of the appeal interferes or obstructs the administration of justice and thereby amounts to a criminal contempt within the meaning of section 2(c)? - Referred to Larger Bench...........

RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION, JAIPUR

Year of decision: 2007
Details

Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Insurance policy - Nominee - Held that nominee is a beneficiary and therefore is a consumer and entitled to file complaint...........

RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION, JAIPUR

Year of decision: 2007
Details

Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance policy - Change in the terms of policy after the death of the insured - On request of the legal representative - Held to be illegal and arbitrary and without jurisdiction...........

DELHI HIGH COURT

Year of decision: 2007
Details

Industrial Disputes Act, 1947, Section 2(oo) , 25F -- Misconduct - Termination - Principles of natural justice - Neither charge - sheet issued nor enquiry conducted - After termination show cause notice issued - Enquiry held ex parte - Findings of the Labour Court that the respondent workman could not be faulted for not participating in the departmental enquiry as his..........

KERALA HIGH COURT

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 302, Power of Attorney Act, 1882, Section 2 -- Dishonour of cheque - A duly authorised power of attorney can file complaint on behalf of the payee or holder-in-due-course - So long as power of attorney does not seek to conduct prosecution on behalf of payee or holder in due course,..........

KERALA HIGH COURT

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 138, Power of Attorney Act, 1882, Section 2 -- Dishonour of cheque - Power of attorney can give evidence in Court on behalf of payee or holder-in-due-course, if facts necessary to secure conviction are within his personal knowledge...........

DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI

Year of decision: 2007
Details

Consumer Protection Act, 1986, Section 2(1),(d),(ii) -- Consumer - Deposit of amount by complainant-Trust with OP as investment - Rate of interest varied to its disadvantage unilaterally - Complainant Trust and not a person who had hired or availed the services of the respondent for consideration -It had only made investments with the respondents to enhance the..........

KERALA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Section 2(10), Order 21, Rule 10 -- Execution - Suit dismissed and positive order in favour of defendant directing plaintiff to remove unauthorised constructions made during pendency of suit - Non compliance of order - Execution petition at the instance of defendant is maintainable...........

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI

Year of decision: 2007
Details

Consumer Protection Act, 1986, Section 2(1),(g), Medical Termination of Pregnancy Act, 1971, Section 3(2) -- Medical negligence - Sterilization operation - It does not guarantee 100% proof against future conception - In exceptional cases, this surgery can fail - The complainant had gone to respondent-Doctor in the month of December and she delivered the baby in the month..........

RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION, JAIPUR

Year of decision: 2007
Details

Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial activity - Insurance claim - Trade protector policy - Complaint maintainability - When the policy in question was taken that may be for commercial purposes, but risk is covered as per policy - For all purposes complainant is consumer - The complaint held maintainable...........

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