Consumer Protection Act, 1986, Section 2(1)(g) -- Post Officer Insurance Fund Rules, Rule 31(1) - Post office - PLI policy - Non release of matured amount - Ground that respondent did not apply in the prescribed format along with the policy bond to settle his claim - Held that it was the duty of appellant to supply the prescribed form to respondent for settlement of his..........
Stamp Act, 1899, Section 2(14), 3, 17 -- Instrument - Rent agreement - Tenant allowed to occupy premises on rental basis for a period of 108 months - Such document is an instrument amenable to stamp duty...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Tours and travel - Dunia Dekho Tour to Europe with an add-on-three days tour to Dubai - Some changes in the tour itinerary were necessitated because of reasons beyond the control of the Petitioners - But when at the last minute tourists are unable to visit these places it does cause both inconvenience and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo order - A party in possession is not at all aggrieved from the order of status quo as that party will continue to enjoy the peaceful possession of the property in dispute - No illegality or perversity in the impugned order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Order of status quo - Dispute as to which party is in possession - Question as to whether family settlement is a forged one or not is a matter of evidence - Criminal cases pending between the parties - By passing order of status quo trial Court has also ensured that no untoward incident occurs..........
Consumer Protection Act, 1986, Section 2(1)(g), 3, 14(1)(d) -- Parallel proceedings - Vehicle loan - No Objection Certificate - Non issuance by appellant - Bank on the ground that Rs. 39,000/ - still outstanding against the respondent for which civil suit for recovery pending before Civil Court - Consumer complaint by respondent held to be a misuse of the process of law -..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Motor Vehicles Act, 1988, Section 15(1) - Insurance claim - Repudiation - Driving licence - At the time of accident the driver did not have a valid driving licence - His licence had expired on 13.02.1995 and was renewed only on 18.09.1995 and the accident had taken place on 02.07.1995 - Insurance company not..........
Consumer Protection Act, 1986, Section 24A, 2(1)(g), 14(1)(d) -- Limitation - Insurance claim - Plea that in terms of clause 12 of the Insurance Policy the complaint not filed within 12 calendar months from the date of repudiation i.e. by letter dated 16.6.1989 hence barred by limitation repelled - Held that the limitation of 12 calendar months for filing the claim after..........
Contempt of Courts Act, 1971, Section 2(1), 15, Constitution of India, 1950, Article 215 -- Criminal contempt - Contempt proceedings initiated against petitioner on the petition of private respondents for criticizing the order of Court and also making adverse comments against the judge - Written consent of Advocate General not obtained - No prayer in contempt petition to..........
Contempt of Courts Act, 1971, Section 2(1), 15 -- Criminal contempt - Action for contempt can be taken by High Court on its own motion, or on a motion made by a private person - While exercising power suo moto, court either derives information from its own sources such as from perusal of records, or on reading a report in a newspaper or hearing a public speech or a..........