Arbitration and Conciliation Act, 1996, Section 2(1) -- Commercial contracts - Must be broadly construed with a view to give efficacy to such contract rather than to invalidate it - Held, that clause of contract must be liberally interpreted and narrow and technical approach should be avoided...........
Arbitration and Conciliation Act, 1996, Section 2(1) -- Arbitration - Functions inextricably mixed up - Held, that if respondent is engaged by the appellate company to perform functions which are inextricably linked which could be undertaken by a businessman or by a company and such activities form an integral part of his activities, there is element of 'commerce' - In..........
Consumer Protection Act, 1986, Section 2(1)(g), Post Office Act, 1898, Section 6 -- Postal service - Registered letter - Non delivery of - Returned with endorsement 'not found' - Not the case of the postal department that the house was locked or the addressee was untraceable - Petitioners have only said that on a particular day he was not found - The complainant led..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Electricity Act, 1910 - Electricity connection - Minimum charges - Seasonal Rice Mill - Electricity supply disconnected under orders of Pollution Control Board - Supply restored under the orders of High Court subsequently - During the period the supply remained disconnected under the orders of the Pollution control Board..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 63UM -- Insurance Regulatory and Development Authority (Protection of Policy Holders' Interest) Regulations, 2002, Clause 9.5 - Insurance claim - Surveyor's report - Repudiation of claim - No request made for appointment of another surveyor - Investigator appointed at its own - Held that having..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair tradepractice - Security Scheme - Deceased member of Security Scheme of the Society - Required amount of membership debited to her saving account - On death of the member amount of Rs. 1 lakh under the Scheme not paid to the heirs in terms of Scheme - The clause relied upon smacks of the unfair trade practice as..........
Industrial Disputes Act, 1947, Section 2(oo) , 25F -- Retrenchment - Ex parte award - Delay in demand notice - Compensation in lieu of reinstatement - No cogent reason assigned for not contesting the matter before the Labour Court - If there was delay in serving the demand notice by the Workman the petitioner company should have come forward and raised an objection in this..........
Consumer Protection Act, 1986, Section 2(1)(g), Post Office Act, 1898, Section 6 -- Postal service - Misdelivery of letter - There has been a default and gross negligence on the part of the postal authorities in not ensuring the delivery of the postal articles to the right addressee, which has caused pecuniary loss to the complainant - Postal authorities cannot take..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Ambulance van - Excise rebate - Respondent - complainant hospital not notified in any of the Gazetted of the Central Government to establish his eligibility for exemption/rebate of Central Excise - Since the complainant did not fulfill the basic requirement of eligibility, the further events of movements of documents..........
Consumer Protection Act, 1986, Section 2(1)(e) -- Consumer dispute - Banking service - Loan for poultry farm - Non disbursement of to complainant a farmer - Loan not for commercial purpose - Banking service covered under CP Act - Aggrieved by deficiency of service on the part of Bank complainant can file a complaint...........
