Motor Vehicles Act, 1988, Section 163A, 2(9) -- Accident by owners wife who was driving the vehicle herself and her husband sitting by her - Additional premium paid for private use of the vehicle and the person who is entitled to drive under the terms of policy fully covered - Held, bodily injury to a driver who sustained injury in the use of the vehicle and the fact that..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Order 37 - Agreement to sell executed by defendant in favour of plaintiff - Plaintiff filed simple suit for injunction which was withdrawn unconditionally - Plaintiff then filed summary suit U.O.37 for recovery along with damages - This suit was rejected U.O.7.R.11 CPC - Plaintiff then filed suit seeking relief of specific..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(e) -- Consumer dispute - Plot/site - Auction purchase - Complainant cannot be termed as a 'consumer' - Therefore, it cannot be said that there is any 'Consumer dispute' between the parties...........
Consumer Protection Act, 1986, Section 2(1) -- Plot/site - Auction purchase - Re - allotment of site - Respondent is re - allottee of the plot/site in question as he has purchased the same from the original allottee - He was fully aware about the non - development of the area where the plot in question - He could have purchased the plot/site with open eye - Complaint..........
Consumer Protection Act, 1986, Section 2(1)(e) -- Consumer dispute - Plot/site - Auction purchase - Extension fee - Jurisdiction - The Consumer Forum has no jurisdiction to go into the correctness of demand of extension fee - It cannot be decided in the complaint filed by the complainant...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(k), 2(1), 7A, 20, 49 -- Juvenile - Offence committed when Juvenile Justice Act, 1986 was in force - A juvenile who had not completed eighteen years of age on the date of commission of the offence was also entitled to the benefits of the Juvenile Justice Act, 2000 as if the provisions of S.2(k) had..........
Prevention of Corruption Act, 1988, Section 2(c), Criminal Procedure Code, 1973, Section 23, Indian Penal Code, 1860, Section 21 -- Public servant - Public Prosecutor/Additional Public Prosecutor is a `Public servant' within meaning of S.2(c) of Prevention of Corruption Act. (Maharashtra Law Officers (Appointment, Conditions of Service and Remuneration) Rules, 1984,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining tenant from interfering in any manner in construction work to be raised on first and second floor of premises - Defendant a tenant on the ground floor - There was no agreement that landlord will not construct first and second floor - Tenant does not have any right over the terrace of the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Suppression of material fact - Death within two years of the purchasing of policy - From the record it is established that in the proposal form the life assured had given wrong answers to the questions 11(a),(b),(e) and (i) - The declaration in the proposal..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Evidence beyond pleadings cannot be looked into...........
