Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Beneficiary - Complaint maintainability - Due to the own mistake of Insurance Company Insurance policy issued in the name of erstwhile owner though he had no interest in the same after transfer of vehicle - The cheque for insurance premium also paid by transferee whose name stood in registration certificate -..........
Insurance Act, 1938, Section 45 -- Three conditions for the applicability of the Second part of Section 45 of the Act enumerated...........
Motor Vehicles Act, 1988, Section 147 -- Insurer's liability - Third party - Pillion rider - Held that pillion rider on a two wheeler would not be a third party within the meaning of Section 147 of the Act when the accident has taken place owing to rash and negligent riding of the scooter on the part of the driver of another vehicle - The liability of the insurance company..........
Consumer Protection Act, 1986, Section 19 -- Appeal - Deposit of amount - Interim stay - Deposit under 2nd proviso to Section 19 of the Act is a prerequisite for consideration of any appeal before the Fora - The same is statutory requirement - If the said deposit is not made a appeal before the Fora will not be considered - The provision cannot be read to mean that pre -..........
Consumer Protection Act, 1986, Section 12(1)(b) , 3 -- Telecommunication Regulation Act, Section 14 - Bar of jurisdiction - Complaint under Section 12(1)(b) of the CP Act filed on behalf of numerous consumers is not barred by provisions of Section 14 of the TRAI Act on the premise that is a dispute between licensor and group of consumers - The word 'group' has limited..........
Consumer Protection Act, 1986, Section 2(1)(r) , 14(1)(d) -- Unfair trade practice - Punitive damages - Mobile scheme - The scheme or so - called contest in question comes within the ambit of lottery inasmuch as several lacs out of two crores subscribers who have made calls for more than 20 minutes duration a day are eligible to take part in it - Out of them a lot is drawn..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - S.141 of the Act provides for a constructive liability - A legal fiction has been created thereby - The statute being a penal one, should receive strict construction - It requires strict compliance of the provision - Specific averments in the complaint petition so as to..........
Consumer Protection Act, 1986, Section 2(1)(o) -- EPF Act, Section 10 - On dismissal of respondent for causing loss to Bank his provident fund contribution forfeited by employer Bank - The amount of loss caused by respondent is still continued to be shown as outstanding and has not been declared as non performing asset - Finding of the Fora below directing the petitioner..........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17, 49 -- A document by law required to be registered, if unregistered - Law as to : (1) A document required to be registered is not admissible into evidence under Section 49 of the Registration Act; (2) Such unregistered document can however be used as an evidence of collateral purpose as..........
Consumer Protection Act, 1986, Section 2(1)(f) , 13(1)(c) -- Seeds - Defective seeds - Contention that procedure under Section 13(1)(c) has not been followed by getting the seeds tested from the appropriate laboratory repelled - Held that it is not expected from every buyer of the seeds to set apart some quantity of seeds for testing on the presumption that seeds would be..........
