Consumer Protection Act, 1986, Section 2(1)(g), Evidence Act, 1872, Section 45 -- Insurance claim - Opinion by expert - Section 45 of the Evidence Act empowers the court, in order to form opinion upon a point of foreign law or of science or of art, or as to identity of handwriting or finger impressions, to rely upon the opinions of person specially skilled in such matters..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Insurance Act, 1938, Section 64UM -- Insurance claim - Surveyors - Appointment of successive surveyors - The calculation by the Joint Surveyors of amount of loss suffered by the Respondent - Company on account of fire - Order of the National Commission excluding the report of 'J' the second Surveyor which was..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharer - Defendant raising the plea that partition took place in between the parties and respective shares were demarcated and they were in possession over their respective shares - No evidence which establishes partition between the parties - Property jointly held by the parties - Compromise on..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Conveyance deed - Delay in execution allegedly by the petitioner and respondent - complainant had to pay the enhanced rate of stamp duty - As per policy of the petitioner - OP there was requirement of NOC from the borrowing authority and the same was submitted only after the enhanced rate of stamp duty which was notified by..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(e), 2(1)(o) -- General Provident fund - Dispute as to - Consumer - Consumer dispute - Service - Dispute pertains to the payment of the Provident Fund raised by State Government employee - Dispute raised by the complainants/respondents is not 'consumer dispute' and they are not 'consumers' and Accountant Generals are not..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 2003, Section 126, 127 -- Electricity theft - There is nothing to demonstrate on behalf of petitioner - complainant that there was any need for a prior notice before inspection or any factual inaccuracy in the findings of the inspecting team regarding tampering of the electricity meter, nor installation of..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Plot allotment - Surrender of plot - Claim for fresh allotment - Complainant surrendered the plot of his free will and consent because he was not in a position to pay the balance installments in respect of the plot in question - Complainant was refunded the deposited amount after deducting 10% of the price of the plot as..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Plot ballottement - Surrender of plot - Once the complainant surrendered the plot of his free consent and accepted the amount after deduction of 10% of the price of the plot as per HUDA policy, he is not a consumer of the OP's - If the complainant had any grievance with respect to the non - development of the..........
Civil Procedure Code, 1908, Section 33, Order 18, Rule 2(3A) -- Oral and written arguments - Oral arguments are indispensable - Even when written arguments are filed the same does not dispense with the requirement of oral arguments - Held, it is mandatory to hear oral arguments before pronouncement of judgment...........
Civil Procedure Code, 1908, Section 33, Order 18, Rule 2(3A) -- Oral and written arguments - It is mandatory to hear oral arguments before pronouncement of judgment - In the instant case written arguments filed - Presiding officer heard the oral arguments - Presiding officer transferred before pronouncement of judgment - Successor of presiding officer is to hear the oral..........
