Consumer Protection Act, 1986, Section 2(1)(d)(ii), 2(1)(o), 2(1)(g) -- Medical negligence - Compensation - OP a BAMS doctor administering `Voveran' injection on arm of the complainant contrary to prescription instructions resulting in permanent disablement to the extent of more than 40% of complainant - Plea of the complainant that OP not being qualified possessing..........
Workmen's Compensation Act, 1923, Section 2(1),(n) -- Workman - Exclusion from the definition of workman - Two ingredient required are: (a) Employment of such a person should be casual in nature. (b) For the purpose otherwise than for the purpose of employers trade or business...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Mobile disconnection - Compensation - Disconnection of the mobile connection service even though the entire amount of the bill was paid by the complainant on or before the pay-by-date of the bill - Held that it amounts to deficiency in service - Award of general damages of Rs.3,000/- held to be just and proper..........
Consumer Protection Act, 1986, Section 2(1),(g), Indian Post Office Act,1898, Section 6 -- Postal services - Deficiency in service - Compensation - Damage to the postal articles in course of its transaction - Parcel reached in torn condition, seals were not intact and clothes were missing - Complainant claimed compensation - Held that as per the provision of Section 6 of..........
Consumer Protection Act, 1986, Section 2(1),(g),13 -- Deficiency in service - Dealer/Principal - Liability of - Whether a dealer or agent will be liable together with the principal is a question of fact to be decided on the basis of material on record...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Sale transaction - Deficiency in service - A simple transaction of sale and purchase between two persons does not involve the element of `service' as defined in the Act - There cannot be deficiency in service - Hence such case are not justifiable before the Fora constituted under Act...........
Consumer Protection Act, 1986, Section 2(1),(g) -- Insurance claim - Repudiation - Plea of OP that death of the deceased was not on account of accident but it was due to illicit love affair which cannot be treated as accident repelled - Judgment of Sessions Court placed on record which indicated that the deceased died due to strangulation or drowning - Held that judgment..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 2(g) -- Dishonour of cheque - Preliminary evidence - Proceedings before Magistrate u/s 200 Cr.P.C. is an inquiry u/s 2(g) of the Code...........
Dowry Prohibition Act, 1961, Section 2, Indian Penal Code, 1860, Section 304B -- Demand of Rs.25,000/- for construction of house - Demand does not come within definition of dowry - Conviction set aside...........
Prevention of Food Adulteration Act, 1954, Section 2(ix)(g) -- Synthetic vinegar - Marking of label as 'non fruit' instead of 'synthetic' does not amount to misbranding...........
