Civil Procedure Code, 1908, Order 13, Rule 1, 2 -- Admissibility of document - Decision cannot be deferred to the stage of arguments - Question as to the admissibility of document has to be decided at the stage at which dispute is raised...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Housing - Plot - Delay in delivery of possession - Compensation - Possession of the plot given after 18 years of allotment for which respondent complainant cannot be found fault with - Held that there is certainly deficiency of service in depriving the Respondent of the plot for all these years who could not..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Fatal Accidents Act 1855, Section 1A -- Deficiency in service - Compensation - School - Negligence in keeping sceptic tank open - Death of child aged 3-1/2 years by falling in it - Held that there is clearly deficiency in service - Compensation of Rs. 10,000/- awarded by State Commission held to be not just or..........
Consumer Protection Act, 1986, Section 2(1),(g), Life Insurance Corporation Act, 1956, Section 43, Insurance Act, 1938, Section 64VB -- Insurance claim - Double accident policy - Amount of premium deposited within grace period by cheque - Delayed presentation of cheque by LIC - Cheque returned unpaid as insured died - Held that complainant could not be deprived of benefits..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Medical negligence - Operation of eyes of the respondent complainant by appellant failed - Plea of the appellant OP that complaint not maintainable as the complainant is not consumer as service rendered by OP was free - Complainant produced a receipt of Rs. 980/- issued by appellant OP - It was not the case of..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Medical negligence - Compensation - Operation of eyes of the respondent complainant in January and June 1992 by appellant - Consultation with some other doctor when vision not improved and complainant came to know about negligence of the appellant - Medical record of the complainant not produced by the appellant..........
Consumer Protection Act, 1986, Section 2(1),(g),2(1),(r),14(1),(d) -- Airlines - Unfair trade practice - Compensation - Appellant sold the confirmed ticket for travel in the Airlines fully knowing well that seat was not available - The complainant and her husband were put to great inconvenience - Held to be a case of negligence, deficiency in service and unfair trade..........
Consumer Protection Act, 1986, Section 2(r),14(1),(d) -- Airlines - Unfair trade practice - Compensation - Complainant was persuaded to purchase ticket for going to Dar-es-Salaam by Gulf Air Lines which was confirmed and OK but the ticket was found on the date of flight as not confirmed and complainant could not undertake her journey and faced lot of physical, mental..........
Immoral Traffic (Prevention) Act, 1956, Section 13(1), 13(2), 2(i) -- Offence - Investigation - Must be by Police Officer not below rank of Inspector who has been specially appointed for area - Investigation by Sub Inspector who is not Police Officer for dealing with such offences in area is illegal - No prosecution can be laid on basis of such investigation - Proceeding..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2 -- Plaint - Amendment - By way of amendment relief of simple money decree sought in a suit for sale of mortgaged property - Even if application for amendment is filed after expiry of limitation there is no bar in allowing the same because both reliefs are identical and flow from the..........
