Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Jurisdiction of Court - Exercise of power U.O.14.R.2 - Held, Court generally exercises power U.O.14.R.2 CPC where no evidence is required to be adduced for the decision of a preliminary issue - However, if evidence is required to be adduced for determination of the issue as to its jurisdiction to entertain..........
Consumer Protection Act, 1986, Section 2(1)(g), 21(b) -- Revisional jurisdiction - Concurrent findings - Housing - Residential premises - Allotment of - Seeking of additional space of 100 sq.ft. - There is overwhelming documentary evidence on record which goes against the petitioner-complainant - There is no reason to disbelieve these documents - Since two Foras below have..........
Medical negligence -- Blood transfusion - Infected blood - Complainant became HIV positive - Complaint - Compensation - Jurisdiction - Compensation claimed to the tune of 1.5 Crores - The complainant ought to have made a just and reasonable claim for compensation, which could be entertained and answered by the competent Consumer Fora - Complainant should suitably amend her..........
Medical negligence -- Blood transfusion - Infected blood - Complainant became HIV positive - Complaint - Compensation - Jurisdiction - Compensation claimed to the tune of 01.5 Crores - The complainant ought to have made a just and reasonable claim for compensation, which could be entertained and answered by the competent Consumer Fora - Complainant should suitably amend..........
Medical negligence -- Blood transfusion - Infected blood - Complainant became HIV positive - Complaint - Compensation - Jurisdiction - Compensation claimed to the tune of 1.5 Crores - The complainant ought to have made a just and reasonable claim for compensation, which could be entertained and answered by the competent Consumer Fora - Complainant should suitably amend her..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Addition of parties - Judicial discretion - Held, question of addition of parties U.O.1.R.10(2) CPC is generally not one of initial jurisdiction of court - It is of a judicial discretion which has to be exercised in view of all the facts and circumstances of each case - What is to be seen is that whether court below has..........
Service Law -- Promotion - Criteria - Interference with - Held, once framers of the Rules have intended to provide merit as sole criteria of promotion, appointing authority is not vested with the jurisdiction to waive same or completely wipe out same, on a flimsy excuse...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Revisional jurisdiction - Concurrent findings - Insurance claim - Repudiation - Non disclosure about previous policies - Policies were issued within 2 years period before the death of the life assured - There are no allegations of preexisting ailment or any complaints about health of the life assured or any..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Revisional jurisdiction - Concurrent findings - Insurance claim - Repudiation - Non disclosure about previous policies - Policies were issued within 2 years period before the death of the life assured - There are no allegations of pre - existing ailment or any complaints about health of the life assured or..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Education - Coaching Institute - Appellant carrying on coaching Institute at Chandigarh - They are also residing there and there is no branch office within the jurisdiction of the District Forum Hamirpur - Even no cause of action wholly or in part has arisen with the jurisdiction of the Forum below..........
