Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Agreement between the parties for supply/purchase of sugarcane to be supplied by the Respondent to the petitioner company - Primary responsibility of cutting and carrying the sugarcane was that of the complainant - This arrangement in no way makes the complainant buyer of goods or services within the meaning of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Restraining a co-sharer from raising construction - A co-sharer or a vendee from him cannot be restrained from enjoying property of his share by raising construction - This right, however, shall remain subject to partition...........
Criminal Procedure Code, 1973, Section 2(g) -- Inquiry - 'Every inquiry, other than a trial, conducted under this Code by a magistrate or court' refers to the pre trial inquiry...........
Consumer Protection Act, 1986, Section 2(1),(r) -- Unfair trade practice - Medi-claim policy - Cancellation of - No cause shown for cancellation of policy - The complainant had paid the premium for the insurance and the policy was taken for consideration - Insurance company could not have cancelled the Medi-claim policy unilaterally without showing any reason - Held that..........
Consumer Protection Act, 1986, Section 2(1),(r) -- Insurance claim - Unfair trade practice - Mediclaim policy - Cancellation of - Suppression of material fact - Plea that complainant had suppressed the material fact of her suffering from cancer at the time of signing the proposal form repelled - Complainant had mentioned in the proposal form that she had been operated upon..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- High Court - Has jurisdiction to entertain application U.O.39.R.2-A when order of injunction granted by trial Court and confirmed by High Court is violated...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- `Undue influence' - Pleading - Use of actual words `undue influence' is not the requirement - If there are sufficient averments in the pleadings which show that there is undue influence, it cannot be said that there is no pleading of undue influence...........
Consumer Protection Act, 1986, Section 2(1),(d), Kerala Motor Transport Workers' Welfare Fund Act, 1985, Section 8 -- Consumer - Complaint challenging order of the District Executive Officer under the Kerala Motors Transport Workers' Welfare Fund Act, 1985 assessing the amounts payable by them under the scheme framed under the said Act before the District Forum dismissed..........
Consumer Protection Act, 1986, Section 2(1),(g), Post Office Act, 1898, Section 6 -- Postal service - Deficiency in service - Compensation - Complaint with regard to wrong delivery of Registered letter containing bank draft and its wrong encashment on 4.11.1988 - Postal Authorities did not deny their liability and assured the complainant from time to time that enquiry is..........
Consumer Protection Act, 1986, Section 2(1),(g),Banking,service -- Complaint with regard to wrong delivery of Registered letter containing bank draft and its wrong encashment - The bank without caring and verifying the fact that the person presenting the draft for its clearance and collecting was someone else and the fact that the drawee branch was some other encashed the..........