Civil Procedure Code, 1908, Section 2(2) -- Rejection of plaint comes within the definition of `Decree'...........
Consumer Protection Act, 1986, Section 2(1) -- Deficiency in service - Two minor complainants left the school of their own sometime in March, 1992 and they were issued school leaving certificates on the second of April, 1992 - Prospectus of the school describes the functioning of the school - Para 54 refers to the admissions when the parents are required to submit the form..........
Consumer Protection Act, 1986, Section 2(1) -- Banking Service - Deficiency in service - Complainant submitted a cheque for Rs.13,122/- for realisation and credit of the amount in his account with the bank - Bank delayed clearance of the cheque by about 9 days and in the meantime, cheque issued by the complainant for a sum of Rs.22,836/- alongwith application for allotment..........
Consumer Protection Act, 1986, Section 21(a), 2(1)(a)(i) -- Defective machines - Expiry of guarantee period - No liability on part of manufacturer and supplier to attend to repairs free of charge - Free service cannot be insisted upon by complainant - Machines purchased in 1983 - If defective from the very beginning the complainant is not entitled to any relief on the..........
Consumer Protection Act, 1986, Section 2, 14 -- Insurance Policy - Contract of Insurance cannot be segregated into parts to suit the Insurance Company...........
Consumer Protection Act, 1986, Section 2, 14 -- Insurance Claim - Insurance Company cannot be permitted to raise technical or flimsy grounds to deny the claim...........
Consumer Protection Act, 1986, Section 2, 14 -- Insurance claim - Theft - Insurance policy has to be read as a whole - Claim contested on the ground that since the alleged incident took place when the money was not in the safe, the complainant is not entitled to the amount - Money was not in transit as it was still at the premises of the complainant and the complainant,..........
Consumer Protection Act, 1986, Section 2, 14 -- Air Conditioner - Not working in the season - Indigenously made - Not branded by any known name - Fitted with compressors of brand named as agreed by the buyers and the sellers - District Forum holding appellant liable to refund price with interest as Air Conditioner was defective - Order upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Conditions can be imposed on party in whose favour injunction is granted - However, no condition can be imposed on other party while refusing to grant injunction to party seeking it...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Order refusing to grant injunction but at the same time conditions imposed on other party not seeking injunction - Revision by party aggrieved by conditions is maintainable...........
