Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Seeds - Wheat seeds - Mixture in nature - There was mixed crops - The farmer filed the cash memo - There is also copy of inspection report of the independent Agricultural Officer to the effect that crops grown were of mixed nature and did not give proper yield - Concurrent findings of Fora below - Award of Rs...........
Insurance claim -- Repudiation - When the new equipment caught fire on 21.10.2000, early in the morning, there was no endorsement on the Insurance policy with regard to the same and the same made on 25.10.2000 - Held that the basic foundation to lodge a claim under the policy was absent - Even if there is be an assessment of loss by the Surveyor, the claim would not be..........
Insurance claim -- Burglary - Cash chest locker - Intimation given to the police station as well as to the Insurance Company without any delay - Evidence of Manager of the Insurance Company who on reaching the spot observed that the cash chest locker was found in damaged condition and it had been opened by the thieves by causing violence to the chest - Case also registered..........
Insurance claim -- Repudiation - Mediclaim Insurance Policy - Suppression of material fact - That insured suffered from diabetes and Coronary Artery Disease - The insurance company repudiated the claim for non disclosure of these diseases - It has come on record that the deceased died due to cirrhosis of liver which has not connection with Coronary Artery Disease -..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Medical service - Deficiency in service - Compensation - Concurrent finding of fact by Fora below that the para - medical aid was not available - The daughter of the complainant was not permitted to stay for providing such aid even though the wife of the complainant was completely bed ridden - The findings of Fora below..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Joint family Property - Partition - Concurrent findings of Courts below that there was no partition in between the parties and joint nature of the property continues - Held, finding regrading jointness of the property in the absence of any family partition requires no interference in second appeal since the..........
Consumer Protection Act, 1986, Section 21(b) -- Revisional jurisdiction - New plea - Dispute with regard to payment of a sum of Rs. 40,000/ - which was allegedly paid in cash apart from a sum of Rs. 53,720/ - paid by cheque - Debit vouchers referred not produced before below Fora below - Neither pleaded in reply in response to the complaint nor does it find mention in the..........
Consumer Protection Act, 1986, Section 2(1)(f) , 21(b) -- Car - Defective car - Concurrent findings - There was no expert evidence to prove that the vehicle has got any defect - Only minor repairs were carried out and it has not been proved that there was any inherent or latent defect in the engine - The concurrent findings of two Fora below - No case made out by the..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 182, 211 -- Petitioner admits that he had made allegation of kidnapping his son "L" by opposite party No.2 - "L" himself appeared and made his statement u/s 164 of the Cr.P.C. that he was not kidnapped, rather he had himself voluntarily gone to marry "K" - Girl "K" also appeared and made her..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Petition to quash order of cognizance - Concurrent findings of fact of two Courts below not open to interference - Accused to produce relevant documents in support of his evidence...........
