Consumer Protection Act, 1986, Section 2(1),(g) -- Mediclaim policy - Exclusion clause - Insurance claim - Repudiation - Hospitalisation & Domiciliary hospitalisation Benefit Policy obtained covering the risk for the year 1992 - The policy was taken further for the year 93-94, 94-95 and 95-96 - In the year 1995 claim for Rs. 12,800/- for treatment of disease paid - Claim..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 10, 11 -- Temporary injunction - Violation - Contempt proceedings do not lie as there is equally efficacious alternate remedy available U.O.39.R.2-A CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Proceedings U.O.39.R.2-A CPC cannot be continued after the order of interim injunction has been vacated by virtue of dismissal of the suit...........
Consumer Protection Act, 1986, Section 2(1),(o) -- Banking service - Banking service is broadly a service of accepting deposits from the consumers and granting advances to the consumers - The consideration which the banks earn is difference in interest which they pay to the consumers and which they earn from the person taking advances...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Mutual Wills - Two Wills executed by father and mother of plaintiff - Death of father - Prima facie possibility of two Wills being mutual Wills - Father gave his share in favour of his son and other daughter and mother's share was given to plaintiff daughter - Mother had also executed Will and bequeathed property in..........
Prevention of Food Adulteration Act, 1954, Section 2, 7, 16(1)(a)(i), 16(1)(a)(ii), 17, Prevention of Food Adulteration Rules, 1955, Rule 54, 55(6) -- Company - Directors - Vicarious liability - Arises if at the material time the accused was in-charge of and responsible for conduct of business of the Company or offence is committed with the consent or connivance of such..........
Prevention of Food Adulteration Act, 1954, Section 2, 7, 16(1)(a)(i), 16(1)(a)(ii), 17, Prevention of Food Adulteration Rules, 1955, Rule 54, 55(6) -- Company - Directors - No specific or remote allegations against Directors which would demonstrate any aspect of consent or connivance in regard to commission of offence by the Directors nor same were even remotely..........
Consumer Protection Act, 1986, Section 2, 21 -- Very detailed evidence required to prove the claim and to prove the damages and expenses - Not an appropriate case to be heard and disposed of in a summary fashion - Appellant given liberty to move civil court...........
Consumer Protection Act, 1986, Section 2(1),(g),21(b) -- Housing - Plot allotment - Possession not given despite deposit of price in lump sum - Direction given by the District Forum to the petitioner to provide plot to the respondent under the scheme and also to pay Rs. 10,000/- as compensation - Dismissal of appeal of the petitioner by the State Commission - No ground to..........
Stamp Act, 1899, Section 2(6), 3 -- read with - Stamp duty - It is chargeable with reference to date of execution of sale deed and not with reference to date of agreement...........