Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Granted without disclosing reasons as to how Court came to conclusion that plaintiff has a prima facie case - Impugned order set aside and matter remitted back for decision afresh...........
Consumer Protection Act, 1986, Section 2(1),(d),3 -- Consumer - Additional remedy - Housing - Flat - Construction of - Booking cancellation - Refund - Plea that with cancellation of booking the service to be provided by the petitioners came to an end and the dispute can be decided only by civil Court repelled - Held that remedy provided under the Act is in addition and not..........
Motor Vehicles Act, 1988, Section 2(14),2(47),3,147 -- Central Motor Vehicles Rule, 1989, Rule 16 - Driving licence - Light Motor Vehicle - Transport vehicle - Vehicle was a 'goods carrier' - It was a 'transport vehicle' falling under clause (47) of Section 2 - Driver of vehicle having licence for Light Motor Vehicles - Licence was not endorsed as required under Section 3..........
Motor Vehicles Act, 1988, Section 2(21),(47),3,147 -- Driving licence - Light Motor Vehicle - Transport vehicle - Liability of insurer - Vehicle was a luxury taxi passenger carrying commercial vehicle - Driver was having licence for Light Motor Vehicles - No endorsement on it as required by Section 3 - Insurer held not liable...........
Motor Vehicles Act, 1988, Section 2(21),(47),3,147 -- Driving licence - Light Motor Vehicle - Transport vehicle - Driving of - Liability of insurer - Vehicle involved in accident was jeep commander made by Mahindra and Mahindar, a passenger carrying commercial vehicle - Driver was having licence for Light Motor Vehicles - No endorsement on it as required by Section 3 -..........
Consumer Protection Act, 1986, Section 2(1),(g), Carriers Act, 1865, Section 10 -- Carrier service - Not a word in the complaint to the effect that any one 'self' or any authorized person from the complainant side went to collect the consignment from the carriers after offering to make due payment of the freight charges and he was refused delivery - Stand of the OP that..........
Consumer Protection Act, 1986, Section 2(1),(c),(g) -- Complaint - Consumer - Railways - After purchasing a railway ticket, a passenger would be a consumer as he avails of services of the Railways, including the use of platform, footpath, overbridges for ingress to and egress from train - If there is any deficiency in service in providing defective ingress or egress which..........
Consumer Protection Act, 1986, Section 2(1),(c),(g),3, Railways Act, 1989, Section 123,(a),(c),124A, Railway Claims Tribunal Act, 1989, Section 13(1),(a),15 -- Bar of jurisdiction - Additional remedy - The accident took place on account of collapse of the FOB and led to the consequent injuries caused to the Complainant - The definitions of the word 'accident' and 'untoward..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Evidence Act, 1872, Section 106 -- Medical negligence - Good faith - Burden of proof - Adverse inference - Compensation - Withholding or the non-production of the Neuro Physician - It would show that a Neuro Physician or a Neurologist did not attend to the patient - Non production will draw adverse inference - Had..........
Consumer Protection Act, 1986, Section 2(1),(g), Indian Medical Council Act, 1956, Section 20A,r,w, 33(m) -- Regulations relating to the Professional Conduct, Etiquette and Ethics for registered medical practitioners - Medical treatment - Medical documents - Non delivery of - On demand by the father of the patient - It would amount to deviation from expected professional..........
