Prevention of Food Adulteration Act, 1954, Section 2(ia)(m), 7(i), 16(1)(a)(i) -- Sample of corn-meal taken from Piza Centre - Standard not prescribed for Piza Meal under Rules - It cannot be equated to Corn-Flour - Piza meal was meant for preparation of pizas and not for sale - It cannot be said that either it is adulterated or misbranded though it does not conform to the..........
Consumer Protection Act, 1986, Section 2(1),(c) -- Complaint - Maintainability - Insurance claim - Letter of Subrogation - Held that the Insurance Company cannot file complaint under the CP Act on the basis of Letter of Subrogation and assignment and would not be entitled to maintain consumer complaint even jointly with the insured...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Not to be granted against the execution of a lawful decree...........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 1, 2 -- Temporary injunction - Execution of a decree - Injunction cannot be granted - Subsequent suit is barred on a plea which was available to a party in the previous suit - Courts below have exercised jurisdiction which did not vest in them in entertaining a suit against execution of a decree though all questions..........
Civil Procedure Code, 1908, Order 39,, Rule 1, 2 -- Injunction against execution of decree - Decree for possession - Execution filed - Another suit regarding same subject matter - Injunction granted against execution of decree - Decree passed after contest - No prima facie case made out in view of Sec. 11 of C.P.C. - Not open to the Courts below to grant injunction against..........
Consumer Protection Act, 1986, Section 2(1),(f) -- Laser machine - Defects - The machine mal-functioned from the beginning and the complainant made complaint about it - The same could not be rectified by OP - Thus after sale service of Laser machine was not properly done by OP - The machine was to be used in the complainant's hospital for laser treatment, for its not..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 2(b) -- Interim order - Violation thereof - Suit ultimately dismissed - Interim order merges in the final order - Petitioner cannot make a grievance against such an interim order...........
Consumer Protection Act, 1986, Section 2(1),(g), Electricity Supply Act, 1948, Section 49 -- Electricity supply - Complainant has been provided with a meter at his premises which is not an electronic meter - He is duty bound to pay energy charges as per Sales Circular issued by OP at the minimum rate of 2 K.W...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Savings Bank Act, Section 14 - Post Office Savings Bank Manual, para 42(b) - Post office Savings Bank Account - Refusal to honour cheques twice - Complainant fulfilled the prescribed procedure - Suppression of fact by appellant-OP about issue and making payment on presentation of third cheque - The same not done..........
Consumer Protection Act, 1986, Section 2(1),(g), Motor Vehicles Act, 1988, Section 15(1) -- Driving licence - Non-renewal of - The complainant had full knowledge that he had no licence to drive the vehicle at the time of the accident - For that reason the complainant committed breach of the terms of the insurance policy and for the reason, the complainant is not entitled..........
