Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Deficiency in service - Consumer Forum which has a limited jurisdiction to find out if there was any deficiency in service, could not have allowed complaint on the basis of sketchy pleadings supported by doubtful evidence - Since there was no categorical evidence of any deficiency in service..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Deficiency in service - Delay in processing claim and delay in repudiation could be one of several factors for holding an insurer guilty of deficiency in service, but it cannot be only factor...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Delay on the part of Insurance company in securing Final Survey Report and further delay in issuing letter of repudiation, cannot per se lead to complaint being allowed...........
Succession Act, 1925, Section 217 -- Probate - Will - Probate Court while scrutinizing propriety of Will ventured in exceeding its jurisdiction u/s 217 of the Act to decide the propriety of registered adoption deed by making observations and that too being perverse in nature because it was not based upon any scrutinization of evidence - Said findings of Probate Court..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Plea that loan was returned - Though discharge is pleaded, but no evidence adduced to substantiate it - Proper explanation also not given about non collection of cheque from complainant after repayment of amount - Presumption attracted stands unrebutted - Accused rightly convicted by trial Court -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures of accused on cheque itself is not enough for conviction u/s 138 of the Act - Existence of debt or legally enforceable liability is sine qua non...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-registration of FIR for theft of cheque by accused cannot be held to be fatal to defence of accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence was taken by accused that amount column of cheque was forged and to prove it, handwriting expert was examined - Complainant neither adduced evidence to prove that cheque was issued for discharge of debt or other liability nor explained reason for change made in the amount column of cheque -..........
Uttar Pradesh Consolidation of Holdings Act, 1953, Section 9A(2) -- Partition - Decree for partition passed by civil Court when three brothers were alive - Share of one brother `S' who died issueless - Question as to said `S' died before or after other brother `R' was not decided by Civil Court in partition suit and it was raised only before consolidation authorities -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - It is proved beyond doubt that there was a legally enforceable debt inasmuch as complainant had given earnest money vide agreement and had also further given an amount vide writing as additional earnest money - Issuance of cheques in question or signature on them have not been disputed - It is not case..........
