Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Insurance claim - Non - payment - Plea that goods in question sent for commercial purposes and services were availed for commercial purposes and the policy in question was for commercial purposes, therefore, complainant not a consumer repelled - Dispute pertains to deficiency in service on..........
Consumer Protection Act, 1986, Section 2(1)(g), Marine Insurance Act, 1963, Section 3 -- Marine insurance - Marine Cargo Air (outside India) Policy - Insurance claim - Surveyors report - In Annexure 2 the invoice the value of goods was declared for a sum of Rs. 19,01,000 and in the cover note Annexure 3 the amount of insured was also declared for Rs. 19,01,000 - The..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Carrier service - Contract for courier service is made between the complainant and OP No. 3 for carrying a parcel of jewellery to Hongkong who is agent of OP No 2 - Since there is no contract with OP No.2 the status of the complainant qua OP No. 2 could be that of third party - The complainant acquires no right against OP..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Carrier service - Deficiency in service - Insurance claim - Right of insurer on payment - In case the payment is made by the Insurance Company OP No. 1 to the complainant, it is free to proceed against the carriers OP Nos. 2 and 3 for the recovery of the sum payable by them to the complainant insured in accordance with law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Unregistered - Doctrine of part performance not open to be invoked - Grant of temporary injunction on the basis of claim for possession based on such agreement is not permissible...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Unregistered agreement for sale - Possession not proved - Finding of possession is perverse being based on practically no material on the record apart from the reliance upon the unregistered document which is impermissible in law - Order granting injunction set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Suit for specific performance - Restraining defendant from alienating, transferring or creating third party interest in the suit property - Out of consideration of 45 Lakhs an amount of Rs.42.50 lakhs paid in cash at the time of execution of agreement to sell - Payment of cash..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Rights of parties are finally to be determined in the suit itself - Status quo order was justified in order to preserve the suit property...........
Criminal Procedure Code, 1973, Section 2(h), 482 -- Investigation - It is statutory duty of police to investigate into the crime - Courts normally ought not to interfere and guide the investigating agency as to in what manner the investigation has to proceed...........
Criminal Procedure Code, 1973, Section 482, 2(h) -- Investigation - High Court can give direction for prompt investigation - However, High Court cannot direct the investigating agency to submit a report that is in accord with its views as that would amount to unwarranted interference with the investigation of the case by inhibiting the exercise of statutory power by the..........
