Consumer Protection Act, 1986, Section 2(1)(d), Contract Act, 1872, Section 182 -- Consumer - In terms of agreement, LECA was not an agent of the petitioner for sale, purchase, installations of the equipment manufactured by the petitioner - The installation of equipment in the complainant's premises was undertaken by the LECA as an independent entity - If LECA found any..........
Insurance claim -- Exclusion clause - Repudiation - Exclusion clause in insurance policy that treatment arising from or traceable to pregnancy, childbirth including caesarean section' - Complainant had to undergo emergency life saving surgery for ruptured fallopian tube, causing hemorrhage and threatening life - This surgery was not of pregnancy of for pregnancy - As a..........
Workmen's Compensation Act, 1923, Section 3 -- Compensation - Employer's liability - Strain, even normal strain, connected with the employment, was the reason for the death of the workman by heart attack - Normal strain contributed to the death - It falls within the purview of 'arising out of and in the course of employment' contained in Section 3 of the Act...........
Workmen's Compensation Act, 1923, Section 30 -- Appeal - Findings of fact - The finding by Authority that the deceased died of heart attack and death arose out of and in the course of employment based on appreciation of evidence and finding of fact - In an appeal under Section 30 of the Act, normally the High Court would not interfere with the finding of fact recorded by..........
Consumer Protection Act, 1986, Section 17 -- Review/recall of order - Jurisdiction - State Commission - Section 17 of the CP Act does not empower a State Commission to review or recall its own final order on a complaint - State commission exceeds its jurisdiction in recalling/reviewing its own order which had attained finality in view of National Commission's order...........
Indian Penal Code, 1860, Section 300 -- Exception 4 - Scope - For bringing in operation of Exception 4 to Section 300 IPC, it has to be established that the act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel without the offender having taken undue advantage and not having acted in a cruel or unusual manner...........
Consumer Protection Act, 1986, Section 25 -- Execution proceedings - Recovery - Insurance claim - Held that when the institutions has made deficiency in service in not remitting the premium in time to the Insurance Company, the insured sum with interest paid by the Insurance Company in compliance of the order of the District Forum - On execution application moved by the..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1956, Section 43, Insurance Act, 1938, Section 64VB -- Insurance claim - Repudiation - The premium was to be paid on or before 28.3.1995 not paid - Grace period of one month expired on 27.4.1995 - The insured died on 1.7.1995 - Cheque issued on 27.6.1995 with late fee by someone else - The cheque was received..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Supply Act, 1948, Section 49 -- Electricity supply - Tariff fixation - Under Section 49 of the 1948 Act the OPs are entitled to set down the terms and conditions for supply of energy - Under these provisions it can frame uniform tariff or conditions of the supply - District Forum has no jurisdiction to interfere..........
Criminal Procedure Code, 1973, Section 300 -- Discharge of accused - Second Trial - Permissibility of - Held, in terms of S.300 of the Code of Criminal Procedure, 1973 a person once convicted or acquitted by a Court of competent jurisdiction shall not be liable to be tried again for the same offence, nor on the same facts for any other offence - But dismissal of a..........
