Insurance claim -- Animal insurance - Mule insured - Death of mule - Repudiation of claim - The evidence on record clearly fix the identity of the insured mule - District Forum justified in coming to the conclusion that the Insurance Company was not justified in repudiating the claim made by the complainant on account of death of his insured mule - As per norms of the..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Punitive damages - TV show - Sponsored programme - Prize money - Cell phone services - SMS service - OPs Star Plus TV and Airtel adopted deceptive practice and permitted offering of prizes by suppressing the fact that the prizes would be distributed out of the collection of amount through SMS -..........
Land Acquisition Act, 1894, Section 18, 4 -- Acquisition of land - Compensation on account of severance - Land acquired for construction of distributary - Acquisition bifurcated land of the claimant in two parts - Acquired land running in between the two unacquired portion - It was difficult for the claimant to cultivate the land divided into two parts - Claimant held..........
Medical negligence -- Suit for damages - Plaintiff himself got operated for family planning - After five years of operation, wife of plaintiff became pregnant and gave birth to child - Plaintiff got himself tested and on testing 2 to 4 living sperms found of semen of plaintiff - Held, failure of vasectomy i.e. family planning operation on male, is possible due to natural..........
Electricity -- Death by electrocution - Damages - Quantum - Principles governing award of compensation in fatal accident cases under the Motor Vehicles Act can be adopted for determining quantum of compensation...........
Agreement to sell -- Specific performance - Nazool Land - Vendor a Scheduled Caste and vendee a Jat - Agreement to sell is dated 18.01.1979 whereas the sale certificate is 17.07.1989 - As per Nazool land rules land could not be sold by Scheduled Caste to Non Scheduled Caste before the expiry of 10 years of the issuance of the Sanad - In case there is a bar to alienate the..........
Compensation -- Loan - Boat purchase - Though the boat was seized in the year 1997 but no action taken for auction of the same by President of Society - Award of compensation of Rs. 25,000/ - towards damages to be recovered from the then President of the Society upheld - Appellant society held entitled to sell the seized boat...........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Banking service - Deficiency in service - Compensation - Punitive damages - Complainant was not permitted to operate saving bank account for two months - He could not withdraw money for solemnization of marriage of his sister - Held that this is an apparent deficiency in service on the part of the appellant Bank..........
Insurance claim -- Lift irrigation scheme - Jackwell - Sudden collapse of jackwell - Before granting the policy cover initially the representatives of the Insurance Company visited the site and surveyed the civil structure and machinery and looked into the topography of the site - Panchnama drawn before the jurisdictional Police Inspector gives the details of the sudden..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Housing - Construction contract - Deficiency in service - Complaint maintainability - A prayer seeking delivery of completion certificate and C&D Forms in regard to a building - Held that the obligation on the part of the builder to secure a sanctioned plan and to construct building carries with it an implied obligation to..........
