Consumer Protection Act, 1986, Section 2, 14 -- Deficiency in service - Insurance claim - Repudiation of - Whether the Insurance-Company could deduct amount of insurance premium due from the insured payable to other Insurance companies in respect of previous Insurance Policies relating to a truck and hence on that account, repudiate the claim - Fact cannot be lost sight..........
Consumer Protection Act, 1986, Section 2(1) -- Whether the bank with whom the demand draft is entrusted for collection and credit in the account of the complainant committed deficiency in rendering service, if the aforesaid demand draft is lost making the aforesaid bank liable for compensation and damages? - Held - State Bank of Patiala was held to be deficient in..........
Consumer Protection Act, 1986, Section 21 -- Appeal - Complaint dismissed on ground of limitation - District Forum held that cause of action accrued on October 21, 1993 when the complainant lost his vision - Cause of action did not accrue when he obtained the opinion of another doctor - Order upheld...........
Consumer Protection Act, 1986, Section 14, 21 -- Banking service - Cheque deposited for collection - Not reaching destination - Failure of bank to prove that cheque sent by courier was lost in transit - Addressee stating that envelope did not contain the cheque - Negligence proved - Complainant awarded 18% interest...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointed to see the condition of site in question - Local Commissioner was not called upon to determine the possession of the parties - Exceeded his jurisdiction - The sanctity of the report of the local commissioner has been lost and it cannot be read for the purpose of dis-advantage for the defendant...........
Consumer Protection Act, 1986, Section 2, 14 -- Courier service - Complainant unable to discharge the burden which was very heavy upon the Complainant to prove that the parcel containing share certificates was entrusted to the Opposite Party and which was lost in the transit - Appeal dismissed...........
Guardians and Wards Act, 1890, Section 12 -- Interim custody of minor son of three and half years - Parties governed by Mohammedan Law - Mother is entitled to the temporary custody till the minor child attains the age of 7 years - Mothers right of Hizanat not lost by the fact that mother has been divorced and she is living away from husband - Agreement between parties..........
Easement Act, 1882, Section 15 -- Easement - Acquisition by prescription - The Known methods of acquiring an easement by prescription are (a) prescription under the Easements Act where it is applicable; (b) prescription under Sections 26 and 27, Limitation Act, (c) Claim founded on lost grant - Prescriptive easement as opposed to easement by grant, is always hostile...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Non framing of issues - Parties alive to the controversy and led evidence and parties not prejudiced in any manner by non framing of the issue - Held, non framing of issue has lost importance...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Agreement to sell - suit for specific performance - Agreement alleged to be not traceable - Agree-ment sought to be proved by secondary evidence by producing an entry in the petition writer's register - Also stated in the plaint that original had been lost - Order declining permission set aside...........
