Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Tubewell - Electricity connection - Beneficiary - Comes under the definition of consumer of appellants...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Defendant sought to be restrained from alienating or otherwise creating third party interest over suit property - Original agreement to sell not produced - Relief prayed for solely on ground of photocopy of alleged agreement - No explanation for not filing the original..........
Consumer Protection Act, 1986, Section 2(1),(g), Insurance Act, 1938, Section 45 -- Insurance claim - Suppression of material facts - Repudiation - The bar of two years contained in Section 45 of the 1938 Act would not be attracted at all where the case is covered by the exceptions contemplated by Section 45 of the Act - The primary consideration to be kept in view is that..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Education - School leaving certificate - Issuance of - It is a matter of right for a student to obtain such a certificate free of charge - Any kind of imperfection, shortcoming or delay or inadequacy In such a service amounts to deficiency In service - The consideration for issuing of said certificate Is inherent in the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Education - Charging of funds - Not directly related to the service of imparting education - By the order State Commission Delhi restraining all the institutes, societies, educational bodies, schools who impart every and any kind of education, training, coaching and/or engaged in any kind of activity concerned with..........
Civil Procedure Code, 1908, Section (2), Order 22, Rule 2, 3 -- L.R's not impleaded - Abatement of suit - Takes place in its own force by passage of time - No specific order for abatement is envisaged - Order recording dismissal of suit as abated or its dismissal in its own force by passage of time is not a decree...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining subsequent purchasers from alienating and raising any construction - Agreement to sell for a consideration of Rs.4.50 lacs whereas subsequent sale deed executed for a consideration of Rs.17.60 lacs - Amount of advance of Rs.1 lacs paid in instalments but no..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Indian Motor Tariff claim, GR 17 - Insurance claim - Transfer of policy after the accident but from the inception of policy in favour of respondent without any objection - Insurance Company cannot repudiate or refuse the claim of the respondent on the ground that on the date of accident he had no insurable..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Drugs and Cosmetics Rules, Rule 66(A) - Medical negligence - Blood transfusion - The blood supplied by the second OP to the first OP for transfusion had HIV antibodies which resulted in contracting HIV infection which after gestation period became full blown AIDS and patient succumbed to her terminal illness -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance and permanent injunction - Entire sale consideration amount received and possession delivered - Subsequently suit land mortgaged with Bank - Vendor not a defaulter in paying instalments to Bank - Bank not adversely affected by grant of temporary injunction - Status quo..........
