Consumer Protection Act, 1986, Section 2, 14 -- Insurance claim - Deficiency in service - Claim paid and received in full and final settlement - No deficiency in service - No relief against insurance company can be granted...........
Specific Relief Act, 1963, Section 20 -- Suit for specific performance - Property already under attachment in an earlier suit filed by plaintiff - Plaintiff filing present suit suppressing the fact of attachment - Held, specific performance cannot be granted during pendency of attachment...........
Constitution of India, 1950, Article 226 -- Concealment of material facts-One of the impugned orders itself challenged in civil suit-Necessary for petitioner to mention all facts pertaining to filing of suit, order passed by trial Court on application for stay, order passed by First Appellate Court allowing appeal of respondent and order passed by High Court on revision..........
Specific Relief Act, 1963, Section 6 -- Enquiry regarding title cannot be held in a suit under Section 6 of the Act...........
Specific Relief Act, 1963, Section 6 -- Mesne profits - Relief cannot be granted in a suit under S.6 of the Act...........
Specific Relief Act, 1963, Section 6 -- Scope - Scope of suit filed under S.6 of the Act is limited to holding an enquiry into the question whether the person alleging dispossession was in possession of the property within six months prior to the date of suit and neither the question of title nor the possession based on title can be gone into...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Khewatdars (proprietors) filed petition under Section 42 against re-partition and prayed for partition of land owned by proprietary body but wrongly shown as Shamilat Deh- Land shown in revenue records as Shamilat Patti Hasab Pamana Hakiat, mutated in favour of Gram Panchayat in..........
Specific Relief Act, 1963, Section 38, 41(h) -- Coparcenary property - Coparcener has no right to seek injunction restraining Karta from alienating ancestral property - Coparcener has adequate remedy to impeach the alienation made by the Karta...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit for settlement of accounts and to declare the liability of the damages to be ascertained and recoverable - Amendment of plaint sought for damages quantifying damages - Held, relief now sought for was available in the suit itself - Amendment does not constitute addition of any new cause of action - High Court was right in..........
Consumer Protection Act, 1986, Section 1 -- Act is a social piece of Legislation, specifically providing certain relief to be granted if some defect is found in the goods sold - The age old principle of `Caveat Empter' no longer holds the field in view of the provisions of the Consumer Protection Act - Purpose and object of the Act is to protect the consumer against..........
