Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) and 21(b), Contract Act, 1872, Section 230 -- Goods carriage - Agents - liability - It is the petitioner who has booked the consignment of respondent No.1 and he has received the goods on behalf of respondent Nos. 2 and 3, with undertaking to deliver the same to respondent No.4 - The goods were admittedly delivered..........
Legal Services Authorities Act, 1987, Section 21 -- Lok Adalat - (1) Every award of the Lok Adalat shall be deemed to be a decree of a civil court and as such it is executable by that Court; (2) The Act does not make out any such distinction between the reference made by a civil court and criminal court; (3) There is no restriction on the power of the Lok Adalat to pass an..........
Specific Relief Act, 1963, Section 6(3), Civil Procedure Code, 1908, Section 115 -- Suit for possession - Appeal - Maintainability - Held, no appeal lies against decree passed in suit u/s 6 of the Specific Relief Act - However, in such cases where a suit upon title is wrongly treated as a suit u/s 6, an appeal lies - Proper procedure for appellate Court in such case is to..........
Consumer Protection Act, 1986, Section 2(1)(g), Evidence Act, 1872, Section 91 -- Insurance claim - Repudiation - On the ground that Loss to brick kiln not covered by the cover note - The cover note has listed out the details pertaining to the insurance policy taken by the respondent No. 2 i.e. the Bank to cover the loan sanctioned to the petitioner - Insurance is only for..........
Negotiable Instruments Act, 1881, Section 138(b), 93 -- Dishonour of cheque - Mode of service u/s 94 of the Act - Held, u/s 93 of the Act, notice is contemplated to be issued by holder of instrument in case of dishonour by no, payment to all parties whom holder of instrument seeks to make severally liable thereon and to some one of the several parties whom he seeks to make..........
Statute -- Interpretation - Held, it is well established principle of interpretation of law that any sub-Section or proviso added with main section amounts to a rider or exception respectively of the general provision and that general provision has to be construed subject to the clarification of legislature as expressed in sub-Section and proviso...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Plot allotment - Handing over the possession without completion of the development work - The deficiency on the part of the petitioner writ large - No jurisdictional or legal error shown to call for interference in the exercise of power under Section 21(b) of the Act since the two Fora below have given..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(e), 2(1)(o) -- Education - Coaching institute - Deficiency in service - Fee refund - Consumer - Consumer dispute - Plea that the case do not fall within the ambit of the CP Act, 1986 - Complaints were made on specific grounds of deficiency in service before the District Forum - As per Section 2(d)(ii) of the Act, 1986,..........
Arbitration and Conciliation Act, 1996, Section 7, 11(6) -- Appointment of arbitrator - Arbitration agreement - Arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement and shall be an agreement in writing - An arbitration agreement is in writing if it is contained in any of the clauses i.e. clauses (a) to (c)..........
Consumer Protection Act, 1986, Section 21(b), 24A -- Revision - Limitation - Condonation of delay - Sufficient cause - Delay of 1018 days in filing revision - Ground that the petitioner/complainant had challenged the order of the State Commission by way of a writ petition before the High Court and the writ petition disposed and allowed liberty to the petitioner to approach..........
