Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Motor Vehicles Act, 1988, Ss.2(47), 3, 75(2) - Insurance claim - Repudiation - Driving licence invalid - Driving licence of the driver was for driving an LMV i.e. a private vehicle and there was no endorsement in the licence for driving a transport vehicle (i.e. a commercial vehicle) as defined in S.2(47) of the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both the parties claiming to be entitled to the property - Issue as to who is entitled and shares to which are entitled - To be decided after trial of case - In the mean time property needs to be protected - Order restraining defendant from transferring or from alienating the property in dispute..........
Consumer Protection Act, 1986, Section 2(m)(iii), 2(e) &, 3 -- Respondent member of cooperative society registered under provisions of Kerala Co-operative Societies Act, 1969 - Respondent entered into transaction with petitioner society by joining in a particular scheme - Respondent filed complaint before Consumer Disputes Redressal Forum alleging deficiency in service on..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Housing - Agreement to sell two houses - Alleged nonperformance of contract and non - delivery of possession - Contention of the respondent that since the complainant did not pay the balance amount despite repeated reminders and intimations it had returned the cheques while cancelling the agreement of sale - The..........
Consumer Protection Act, 1986, Section 2(1) -- Transportation service - Necessary party - Non - impleadment of necessary parties - Held that in a proceeding against the transporter truck owner, driver or insurer is not necessary party...........
Consumer Protection Act, 1986, Section 2(1) -- Additional remedy - Transportation service - Deficiency in service - Criminal case - Held that in case the matter involves deficiency in service a complaint may be filed before the Consumer Fora and pendency of criminal case would be not bar...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Transportation service - Non delivery of consignment - Deficiency in service - Order of the District Forum allowing the complaint and directing to pay the price of the consignment with interest @ 6% upheld and Rs. 10,000/ - toward mental harassment upheld...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(k) -- Juvenile - Relevant date for determining the age of a person who claims to be a juvenile/child is the date on which the offence was committed and not the date when he is produced before the authority or in the Court...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(k), 2(1), 7A -- Juvenile - All persons who were below the age of eighteen years on the date of commission of the offence even prior to 1st April, 2001 would be treated as juveniles even if the claim of juvenility is raised after they have attained the age of eighteen years on or before the date of the..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(k) -- Juvenile - Accused who was juvenile convicted without considering the issue of juvenility - Accused crossed the age of 40 years - Accused undergone an actual period of sentence of more than three years - While sustaining conviction sentence set aside - Accused directed to be released forthwith...........
