Bank guarantee -- Invocation - Contract of supply of plant and equipment - Bank guarantees in question were unconditional, specific in nature and limited in amount - Terms of guarantee categorically covered money which respondent had advanced against supply of plant and equipment - Said guarantees covered by loss and damage caused to or suffered by respondent in due..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Claimants were employees of ONGC - Case of claimants that due to delay in sending their claims to LIC pursuant to scheme managed by Trust, they suffered a loss - Scheme is managed and run by a Trust and not by ONGC - There is virtually no privity of contract for providing service between ONGC and claimants - No..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Compensation - Enhancement - Admittedly, joint elbow was amputated and injury was said to be 95% - Although, injury said to be 50% qua entire body, the fact remain that said injury being a permanent injury will render child incapable of applying or joining various professions and his choice of profession shall be..........
Tender -- Kendu Leaf - Extension of time to deposit additional security not granted - Failure to deposit additional security - Tender terminated - Respondent approach High Court - High Court permitted to go ahead with re-tender and asked respondent to deposit Rs.20 lakh - Re-tender process completed - Respondent withdrew writ petition challenging cancellation and High..........
Agreement to sell -- Further agreement to sell by vendee in favour of subsequent vendee - Frustration of further agreement - Damages - Vendee relinquished his rights in agreement in between him and vendor to frustrate performance of further agreement - It would be just in these circumstances to award compensation to subsequent vendee for loss of opportunity and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Factum of loss of cheque cannot be determined at stage when evidence is yet to come - Order passed by Court below does not suffer from any illegality or infirmity - Proceedings cannot be quashed...........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental loss - Damage of truck in fire in the night of 01/02.06.2009 and intimation was given to Insurance Company on 03.06.2009 - If no immediate notice was given to police there was no infraction on part of insured - There was thus, no justification for National Commission to reduce claim to extent of 60%..........
Constitution of India, 1950, Article 226 -- Writ petition - Interim relief - Even assuming prima facie case in favour of writ petitioner there is no balance of convenience in its favour - In case stay is not granted, no loss or injury shall be caused to the writ petitioner and on the other hand if stay is granted, State will lose about Rs.20 lakhs daily - There is no way..........
Consumer Protection Act, 1986, Section 12 -- Theft/loss of vehicle given for valet parking - Complaint filed by Insurer as subrogee - Locus standi - Actual consumer/assured executed a Power of Attorney and a letter of subrogation in favour of car insurer - Consequently, complaint before State Commission filed by both assured and insurer as co-complainants held,..........
Consumer Protection Act, 1986, Section 12, Indian Contract Act, 1872, Section 148, 149 -- Theft/loss of vehicle given for valet parking to hotel employee - Relationship of bailment whether created - Where possession of vehicle is handed over to a hotel employee for valet parking, it can be said that `delivery' of vehicle has been made for purposes of Ss.148, 149 of..........
