Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Suppression of material facts - Complaint maintainability - The complainant not only misrepresented but also gave a mis-description of the value of plant and the building in order to obtain benefits available under IAR policy - The nondisclosure or misdescription of the facts particularly..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Suppression of material facts - Complaint maintainability - The complainant not only misrepresented but also gave a mis-description of the value of plant and the building in order to obtain benefits available under IAR policy - The nondisclosure or misdescription of the facts particularly..........
Consumer Protection Act, 1986, Section 11 -- Territorial jurisdiction - Plea that the dispute falls within the territorial jurisdiction of District Forum X whereas respondent-complainant has chosen to file the complaint before District Forum No.VI repelled - Order of the District Forum dismissing application by observing that entire Delhi is one unit upheld - Since Delhi..........
Consumer Protection Act, 1986, Section 11 -- Jurisdiction -Medical negligence - The doctors and hospital had rendered medical services to the complainant's wife on receipt of fees and thus the complaint/claim of the complainant is well within the jurisdiction of the Consumer Fora...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Application u/s 11 of the Act - Chief Justice/Designate has to decide regarding: (i) territorial jurisdiction; (ii) existence of an Arbitration Agreement between the parties and (iii) and that in respect of the agreement a live issue, to be decided between the parties, still exists...........
Constitution of India, 1950, Article 141, 142, 226 -- Writ Jurisdiction - Scope - Exercise of extra ordinary writ jurisdiction conferred upon Supreme Court under Article 142(1) of the Constitution is of no guide to the scope of Article 226 - Powers under Article 226 are not comparable to the powers of Supreme Court under Article 141 and 142 of the Constitution...........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Plea that the vehicle in question purchased in District 'M' and complaint maintainable before District Forum 'M' and not before District Forum 'B' repelled - Complainant specifically pleaded that the vehicle after purchase was got finance from Bank at 'B' and registered with the Registering and..........
Criminal Procedure Code, 1973, Section 192 -- Transfer of case - Wife of complainant and his family members were taken away by the opposite party from the house situated within the territorial jurisdiction of a Court situated in Begusarai - However, on the application of investigating officer, case was transferred from Begusarai to Hissar - However, no opportunity of..........
Civil Procedure Code, 1908, Section 9 -- Service - Dismissal from service in absence of departmental enquiry as contemplated in Standing orders - Civil suit - Jurisdiction - If the infringement of Standing Orders is alleged, civil Court's jurisdiction is barred but if suit is based on violation of principles of common law or constitutional provisions or on other grounds,..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Vehicle finance - Service of finance obtained by the respondent-complainant for purchase of two trucks - There is no material to suggest that trucks were purchased by the complainant for earning livelihood by self-employment - The District Forum erred in considering the complainant to be a..........
