Consumer Protection Act, 1986, Section 2(1)(g), 21(a)(i), 26, Medical negligence -- Appeal Vexatious complaint - Costs - Due care and caution was not observed by the complainants in filing complaint - Even the non-production of record of AHMS, glaring inconsistency in between the stand taken by the complainant and the production of selectively torn document on record -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35 -- Culpable mental state - Proof that accused had no culpable mental state as to the commission of the offence - If circumstances appearing in prosecution case or in the prosecution evidence are such as to give reasonable assurance to the Court that appellant could not have had the knowledge of the required..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 21 -- Execution - Provision of O.9.R.9 is not applicable to execution proceedings - Provision precludes plaintiff from bringing a fresh suit and not execution as in an execution the rights of parties already stand settled...........
Arbitration and Conciliation Act, 1996, Section 2(b), 7(5), 10 -- Arbitration - If, on account of mistake or wrong understanding of law, a party takes a particular stand i.e. there is no arbitration agreement, he is not barred from changing his stand subsequently or estopped from seeking arbitration...........
Insurance claim -- Marine policy - Institute Cargo Clauses - It was confirmed that Complainant had made an endorsement `packets in tact' on the documents - Once the delivery of cargo was taken the insurance coverage would stand terminated - There was no question of continuing till 30 days further - As such Clause 5.1.3 has no application to the present case...........
Banking service -- Bank loan - Allegation by complainant that respondent Bank did not write to Punjab Khadi and Village Industries Board for disbursement of subsidy - Stand of the respondent that petitioner had misused the loan amount - Neither affidavit filed by complainant controverting affidavit of Bank Manager nor any application filed for cross-examination of the..........
Credibility of Returned Candidate -- Highly doubtful - Makes incorrect statements and takes untenable stand in the pleadings - Not able to stand on its statement in cross examination...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1), 8(c) -- Preventive detention - Some of the grounds vague - Order not vitiated if it is sufficient to stand on its own on basis of other grounds - Detention as a whole not illegal - If there are severable grounds, the vague nature of one of the grounds will not vitiate the..........
Housing -- Plot allotment - Complaint filed for not charging the penal interest on the balance amount of the plot w.e.f 12.06.2001 till the development work is complete allowed by the District Forum - Possession of the plot taken by General Power of Attorney of the complainant on satisfying completion of development work - He is a highly educated person - Not believable..........
Constitution of India, 1950, Article 32, 226 -- Forest (Conservation) Act, 1980, Section 2(i) - Public interest litigation - Forest land - Frivolous litigation - Costs - Land leased by state for setting up of coal washery - Public interest litigation filed claiming the land part of forest land and petitioner is concerned about the adverse affect on environment of the area..........
