Civil Procedure Code, 1908, Section 2(2), Order 1, Rule 9, Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree - Binding nature on a legal representative not impleaded - Ordinarily a decree is not binding upon a legal heir who is not impleaded but some of the exceptions are : when estate of deceased was sufficiently represented or when plaintiff had impleaded all the..........
Consumer Protection Act, 1986, Section 2(1)(b) , 2(1)(d) -- Complainant - Consumer - Beneficiary - Vehicle finance - Locus standi - Financier of vehicle - He being beneficiary is competent to file and prosecute a complaint under the provisions of CP Act...........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Education - BAMS course - The college misrepresented the students with regard to the recognition and affiliation - Due to non - availability of these documents, college unable to conduct examination of BAMS - Definitely amounts to unfair trade practice - Respondents liable to refund the amount..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 157 -- Insurance claim - Transfer of vehicle - Intimation not given to the appellant - insurer - Held that unless the policy is transferred in the name of the purchaser, the latter cannot claim any compensation from the Insurance Company...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Employees' Pension Scheme, 1995 - Pension - Claim rejected on account of ineligibility on ground of crossing the age of 60 years prior to coming into force of scheme - Case of petitioner fully established from declaration form forwarded by employer to respondent No. 1 and thereafter admission of respondent No. 1 himself and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in peaceful possession - Municipal Committee rightful owner of the property - Plaintiff in possession - The government holds the property as a trustee of the people and where any attempt is made by an individual or group of individuals to misappropriate/misuse..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharer - Sale of specific khasra numbers - Plaintiff in possession of which specific khasra numbers not shown - Partition not reflected in revenue record - Subsequent vendee would hold the land as a co-sharer and would not be in exclusive possession of any portion of the joint holding till..........
Consumer Protection Act, 1986, Section 2(1)(d), Contract Act, 1872, Section 182 -- Consumer - In terms of agreement, LECA was not an agent of the petitioner for sale, purchase, installations of the equipment manufactured by the petitioner - The installation of equipment in the complainant's premises was undertaken by the LECA as an independent entity - If LECA found any..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Housing - Flat allotment - Demand letter - Service of letter - Final demand letter sent to the address by which time complainant has left this place - Final demand letter not sent to permanent address - Deficiency in service upheld...........
Consumer Protection Act, 1986, Section 2(1)(f) , 13(1)(c) -- Seeds - Hybrid chilly seeds - Defective growth - Expert report - Opinion of Expert remained unrebutted - Petitioner - producer had seed with them could have got that tested in the field and submitted a report to counter the Expert's Report - This has not been done - Loss assessed considering the 10 quintals per..........
