Haryana Canal and Drainage Act, 1974, Section 2(2), 20, 24 -- Restoration of water course - Superiendenting Canal Officer (SCO) remanded case back to Divisional Canal Officer (DCO) - DCO held that orders passed by SCO ultra vires of the Act. Held - Lower Authorities cannot set aside & ignore order passed by Superior Authority, by holding them to be illegal or ultra vires...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- No equitable right can be granted at the cost of lawful right of the other - Suit for possession by way of specific performance of agreement - Defendant raising counter claim challenging validity of earlier sale deed as well as agreement to sell - Application u/o 39 R. 1 & 2 by both the parties - Plaintiff restrained from..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r) -- Insurance claim - Deficiency in service - Unfair trade practice - Surveyors report - They have assessed the loss with regard to each and every item, after deducting the value of salvage and undamaged goods - Considering the exhaustive survey report, there is no reason not to accept the same for assessing the loss -..........
Consumer Protection Act, 1986, Section 2(1)(b) -- Banking service - Cheque loss - Recovery of amount of a cheque - A complaint would not lie under the CP Act - However, on ground of deficiency in service the bank can be ordered to pay the compensation and not the entire amount of the cheque...........
Consumer Protection Act, 1986, Section 2(1)(g), 26 -- Frivolous complaint - Costs - Insurance claim - Repudiation - Cyclone struck Kandla Port at 10.30 in the morning - The goods were already destroyed during that period of storm by noon - The cover note issued at 5.50-6.00 P.M. done through criminal conspiracy by the complainant with officer concerned of OP-insurer - Held..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Insurance claim - Repudiation - Deficiency in service - Contention that once the claim was filed and the same was repudiated within a reasonable time after filing of the claim, the insurance company could not be held to be deficient in service repelled - Held that if the disclaimer is against the terms of the..........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11, 13 -- Provision of O.7.R.11 CPC enables Court to reject plaint and not to dismiss the suit - Plaint rejected U.O.7.R.11 CPC amounts to a decree and plaintiff is entitled to file an appeal - Plaintiff is also entitled to file a fresh suit in respect of the same cause of action...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 16(c) -- Temporary injunction - Suit for specific performance - Failure on the part of trustees to execute sale deed within time, having received almost 85 per cent of consideration amount- Cannot be viewed as a conduct of which fault or failure is attributable to the plaintiff - Plaintiffs..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Banking service - Deficiency in service - Loss of Rs.70,000/- suffered by respondent in paying fee for children who were studying in Ireland - It was due to 37 days delay in sending draft as incorrect Code number written by the appellant Bank - Appellant directed to pay compensation of Rs.70,000/- with interest @..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Advertisement - Body weight reduction - After taking the treatment weight of the respondent-complaint did not reduce - Order of the District Forum as confirmed by the State Commission directing petitioner to refund amount of Rs.10,500/- paid by the complaint with compensation of Rs.25,000/- upheld...........
