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KERALA CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM

Year of decision: 2010
Details

Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Deficiency in service - Insurance claim - Repudiation - On the ground that transaction with `K' amounted to breach of trust hence insurance not liable - Finding by the District Forum that the alleged taking away of the car by `K' and non-returning of the same and the same amounted to theft upheld - The vehicle was..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Right to Information Act, 2005, Section 2(h), 7 -- Information sought - Appellant Sugar Mill refused to give information under the Act - State Information Commissioner held that the appellant was bound to give such information holding it to be a public authority - Held, appellate sugar Mill is managed by a Managing Director who is State Civil Service Officer - Appellants..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Industrial Disputes Act, 1947, Section 2(oo) -- Termination - Respondent - workman suffered a serious injury while working with petitioner - management - The management failed to establish that the accident was due to fault on the part of respondent - workman - Even the Operator of the press machine was not examined to prove the fact if there was any negligence of the..........

WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLKATA

Year of decision: 2010
Details

Consumer Protection Act, 1986, Section 2(1) -- Consumer - Electricity supply - Commercial purpose - Complainant did not mention within the four corners of the petition of complaint that the business for which electric connection was sought for by him was the only way for earning his livelihood by means of self - employment - Complainant - Appellant cannot be termed as..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13B, 2(dd) -- NRI landlord - Eviction petition on ground of bona fide requirement - Landlord was in service in Kuwait - He retired from service on 30.06.1999 - Landlord visited India 2-3 times and then again went to Canada and staying there with his family - Landlord sought eviction on ground of bona fide necessity u/s..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13B, 2(dd) -- NRI landlord - For applicability of the provision of S.13-B of the act a person should be either permanently or temporarily settled outside India on date S.13-B of the Act was enacted i.e. on 31.05.2001...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the time of hearing ad-interim injunction application Court is to find out as to whether suit itself is legally maintainable - If suit itself is not maintainable then there is no question of grant of ad interim injunction...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the behest of a purchaser from a co-owner against another co-owner - Similiciter suit for injunction filed by a purchaser from a co-owner against another co-owner is not maintainable - When suit itself is not maintainable then ad interim injunction cannot be granted - The only remedy available to..........

KERALA CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM

Year of decision: 2010
Details

Consumer Protection Act, 1986, Section 2(1)(f), 2(1)(g), 14(1)(d) -- Defective machine - Semi-automatic filling and sealing machine - From the date of installation itself the performance of the machine not up to the mark - The quantity of materials of filling by the weight was only 470 grams as against weight of 500 gms. - Though lapse brought to notice of the OP's no..........

NATIONAL DELHI CONSUMER DISPUTES REDRESSAL COMMISSION,

Year of decision: 2010
Details

Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Banking service - Vicarious liability - The fraud and embezzlement was committed by the employees of the OP-Bank in the Course of employment - The State Commission rightly held that the OP/petitioners was vicariously liable for the action of its employees - No interference called for in exercise of..........

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