Consumer Protection Act, 1986, Section 2(1)(f) , 13(1)(c) -- Motor vehicle - Manufacturing defect - Res ipsa loquitur - Expert opinion - Admission by OP in written reply of the manufacturing defect - Held to be a case of res ipsa loquitur - Hence there is no need to refer the vehicle to a third party for giving an opinion...........
Consumer Protection Act, 1986, Section 2(1)(f) , 14(1)(d) -- Motor vehicle - Manufacturing defect - Compensation - Admission on the part of OP1 authorised dealer of OP2 that they had to replace the engine during the first free service - In addition they have carried out other repairs and subsequently serviced the vehicle according to them - Vehicle lying in the custody of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suppression of material facts - Held, a party who suppresses from the Court, material facts, does not deserve the grant of any discretionary relief, much less a temporary injunction - Court will not help a party who has not come with clean hands - Injunction declined...........
Prevention of Food Adulteration Act, 1954, Section 7, 2(XIII), 10 -- Cow milk - Kept by vendor for preparing tea and not for direct sale - Such milk found adulterated - Sale of such milk will amount to public sale - Accused guilty of offence...........
Consumer Protection Act, 1986, Section 2(1)(f) -- Manufacturing defect - Power Tiller - Purchased by petitioner after obtaining loan from Bank - Defect not rectified - No expert evidence on the part of OP to rebutt the same - Petitioner fighting litigation for 18 years - Directions to agent and manufacturer to pay jointly and severally Rs. 1,15,000/ - the amount that the..........
Consumer Protection Act, 1986, Section 2(1)(d), Contract Act, 1872, Section 2 -- Bank locker - Hiring of locker - The complainant was a minor on the date there was proposal of his sister to hire the locker jointly along with the complainant for the benefit of the complainant - The Bank cannot avoid such a contract after the complainant had attained majority on the specious..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Banking service - Locker hiring - Sister of the complainant entered into contract of hiring locker for the benefit of complainant, who was minor, and his mother - It has been established by the complainant that gold ornaments belonged to mother of the complainant and not to his sister - Mother of the complainant informed..........
Civil Procedure Code, 1908, Section 2(9) -- Judgment - S.2(9) CPC defines a 'judgment' to mean the statement given by the Judge of the grounds for a decree or order...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte ejectment order - Setting aside - Defendant not appearing as his own witness - Facts as to whether defendant was served or not and whether he refused service and whether Munadi was conducted or not are such facts which are in the personal knowledge of defendant and he..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Certified copies - Revenue case - Misfeasance in public office - Compensation - Prolonged harassment and considerable costs in pursuing his request for getting copy - Direction to OP to pay Rs.5,000/ - as compensation for harassment and towards costs of iligation - Direction to initiate appropriate action to..........
