Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Medical service - Contention by OP I that medical services given by him were without any consideration and free of charge as such complainant cannot be regarded as consumers of the answering OP within meaning of Section 2(1)(d)(ii) of CP Act - Complaint claimed that at the time of admission of patient a sum..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Medical service - Necessary party - Non joinder - Plea that doctor who treated the patient initially not joined as party hence complaint bad for non - joinder repelled - Complainant has sought no relief against the said doctor and therefore not impleaded him - The complaint petition cannot fall on this ground...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Insurance Act, 1938, Section 64UM -- Insurance claim - Surveyor - Appointment of second Surveyor - Delay in making payment - Interest - Insurance Company has given valid reason why they felt it necessary to seek certain clarifications in view of the discrepancies appearing in the report of first Surveyor and..........
Indian Penal Code, 1860, Section 498A 304B, Criminal Procedure Code, 1973, Section 401, Dowry Prohibition Act, 1961, Section 2 -- Cruelty and dowry death - Allegations that accused-respondent demanded dowry from petitioner and made petitioner devoid of her stridhan and thus mental tortured her - No sufficient material on record to substantiate claim of petitioner that..........
Protection of Women From Domestic Violence Act, 2005, Section 2(q) -- A female relative of husband also falls within the term `respondent'...........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 1,2, Delhi Rent Control Act, 1958, Section 14(1)(a) -- Eviction - Temporary injunction - Res judicata - Eviction order against tenant - Appellant filed application U.O.39.Rr.1, 2 CPC to obtain stay of execution proceedings with respect to eviction order passed against him - Objections filed by person through whom..........
Consumer Protection Act, 1986, Section 2(1)(g), 21(b) -- Revisional jurisdiction - Concurrent findings - Mediclaim policy - Suppression of previous illness - Renewal with an enhancement in the cover from Rs. 1,50,000/ - to 3,00,000/..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Proof beyond pleading - Evidence led beyond pleadings or issues cannot be ordered to be deleted before conclusion of trial - Such evidence can be ignored being irrelevant and inadmissible only at the conclusion of trial - Court can refuse to entertain such evidence on such grounds at the time of its commencement...........
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Suit dismissed in default for want of prosecution - Dismissal in default amounts to dismissal U.O.9.R.3 and not U.O.17.R.2 CPC - Proper remedy for making an application is U.O.9.R.4 CPC...........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Abatement of ejectment proceedings - Landlady filed eviction application on ground of bonafide necessity as she required demised premises for her residence as well as that of her family - Landlady, being a widow, fall in category of specified landlords under Sec.23-J of M.P.Accommodation Control Act and thus, was competent to..........
