Consumer Protection Act, 1986, Section 2(1)(g), 3 -- Arbitration and Conciliation Act, 1996 - Additional remedy - Insurance policy - Arbitration clause - Insurance claim - Full and final payment - As per policy condition complainant requested in one of the claims for appointment of Arbitrator - Thereafter, the complainant filed complaint without proceedings with the..........
Consumer Protection Act, 1986, Section 2(1)(g), 3 -- Arbitration and Conciliation Act, 1996 - Additional remedy - Insurance policy - Arbitration clause - Insurance claim - Full and final payment - As per policy condition complainant requested in one of the claims for appointment of Arbitrator - Thereafter, the complainant filed complaint without proceedings with the..........
Contempt of Courts Act, 1971, Section 2(b) -- Civil Contempt - Breach of undertaking given to court - Undertaking related to the commitment made by the State of Bihar to recruit and fill in the vacant posts of teachers in Primary Schools with trained teachers - State contended that some posts kept vacant on account of non availability of reserved candidates - State..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1(r) -- Insurance claim - Repudiation of claim - Concealment of fact - Fact as to installation of LPG Kit in the car - Kit was installed after seeking permission from registering authority - Kit installed much prior to issuance of cover note - Insurer had given the insurance cover after examining the car property - Duty of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex-parte temporary injunction granted - Subsequently injunction application dismissed - Appeal against - Both the parties through respective counsels sought direction to the trial court to decide the suit within a particular period and further directing for maintenance status quo during pendency of the suit - In view of..........
Maharashtra Control of Organised Crime Act, 1999, Section 2(e), 23, Constitution of India, 1950, Article 226 -- Writ Petition seeking direction to the State Govt. to establish Review Committee so as to screen abuse of MCOCA - Indirectly petitioner wants indulgence of the Court to direct legislature either to amend MCOCA or to enact a new law - Held, Court cannot assume..........
Maharashtra Control of Organised Crime Act, 1999, Section 2(e) -- Application of MCOCA - Prima facie material on record for its applicability - Merely because affidavit in reply filed by State in Writ Court not upto the mark and some averments not dealt with in affidavit is not ground to quash application of MCOCA - State directed to pay cost of Rs.10, 000/-...........
Consumer Protection Act, 1986, Section 2(1) -- Consumer - Commercial purpose - Auto rickshaw - Three wheeler - Complainant specifically pleaded that the vehicle was purchased by him for earning his livelihood as he was a un - employed person - The plea remained uncontroverted on the record on the part of OPs - The case of the complainant covered by Section 2(1) (d) and..........
Consumer Protection Act, 1986, Section 2(1)(f), 2(1)(g), 14(1)(d) -- Manufacturing defect - Res - ipsa loquitor - Deficiency in service - Compensation - Punitive damages - After examination of the vehicle by Engineer of OP No. 2 defective engine replaced by OP No. 1 - Doctrine of res - ipsa loquitor invoked - Respondents would have not replaced the engine in case there was..........
Consumer Protection Act, 1986, Section 2(1)(g), Railway Act, 1989, Section 100 -- Railways - Cash of Rs. 8,000/ - and ornaments found missing from the suitcase lying in the train - Plea of the petitioner - complainant when he went to urinal he saw caterer counting the notes near washbasin - He tried to give complaint in the train but did not find the conductor or the..........
