Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Complicated questions of law - Deceased was bleeding after delivery and was in semi conscious state due to profuse bleeding after delivery - Admitting the deceased for delivery by these OPs, when there was no arrangement available for blood transfusion, held wholly unwarranted - This by itself..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Banking service - Overdraft facility - By pledging shares by complainant - The agreement being an agreement of a creditor and a debtor allowing overdraft facility - Question of hiring service would not arise - Complainant not a consumer under CP Act...........
Civil Procedure Code, 1908, Section 2(11) -- Legal heirs - It includes heirs as well as persons representing estate of deceased even without title either as executor or as administrator in possession of estate of deceased...........
Civil Procedure Code, 1908, Section 2(9), Order 8, Rule 10, Civil Procedure Code, 1908, Order 20, Rule 4(2) -- Written statement - Non filing of - Case decided U.O.8.R.10 CPC - Non consideration of documents and affidavit of evidence tendered by plaintiff - Decree set aside...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(a), 7 -- 'Charand' - Petitioner in occupation of land described as Charand in revenue record - Land reserved for grazing of cattle during consolidation proceedings, vest in Gram Panchayat - Possession unauthorised...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney - Evidence - Question as to whether evidence of power of attorney holder is useful for deciding issues in suit or not has to be decided by Court at time of disposal of suit not at stage of recording evidence - Merely because plaintiff gives power of attorney to her husband, relationship between them does..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Insurance Act, 1938, S.64UM(3) & (4) - Insurance claim - Surveyors report - Appointment of successive Surveyors - Instead of compensating the insured, five Surveyors one after the other appointed - None of the subsequently appointed three surveyors filed their affidavit supporting their contentions nor have they been..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Plot allotment - Subsequent allottee - Held that subsequent allottee steps into the shoes of original allottee and is entitled to all benefits of services, which were available to the original allottee - He would be covered under the definition expression `Consumer' contained in S.2(1)(d) of the Act...........
Consumer Protection Act, 1986, Section 2(1)(r), 2(1)(f) -- Unfair trade practice - Manufacturing defect - Motor cycle - Unfair trade practice adopted by the petitioners in misleading that motor cycles would runs 82 kms per litre but it gave per liter mileage less than onehaif of what was represented - It was also found that the motor cycle having some manufacturing defect..........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Cause of action - Misjoinder - Recovery of loan - Relief claimed against defendant Company and its Directors - No relief claimed against Insurance company with whom defendant's insurance claim was pending - Suit not bad for misjoinder of causes of action...........
