Consumer Protection Act, 1986, Section 2(1),(d),(ii),2(1),(o) -- Consumer - Services - Insurance claim - Delayed Settlement - Deficiency in service - Fire accident - Respondent settling the claim with arbitrary deductions after a lapse of 9 years in three out of five cases - Cases squarely covered within the provisions of Sections 2(1) (d) (ii) and 2(1) (o) of the Act as..........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Documents - In power and possession of plaintiff - Not produced alongwith plaint or before settlement of issues - Documents however appear to be relevant for just and fair decision - No prejudice likely to be caused to defendant if permission granted to produce documents - Application allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 53A -- Ad interim injunction - Restraining defendant from interfering in possession of plaintiff - Defendant claiming to be put in possession in pursuance of the part performance of agreement to sell - Held, agreement to sell does not create any right in the property - Ad interim..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Implementation - Police help - Cannot be denied merely because order of ad-interim injunction is appealable - Order is to be respected till it exists...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Execution of decree - Ad interim injunction sought - Dismissed as objection petition can always be filed by the plaintiff in accordance with law and executing court is bound to consider the same...........
Criminal Procedure Code, 1973, Section 154, 2(o) -- FIR - Constable has no authority to record FIR - An officer in charge of police station or police officer who is next in rank to such officer alone can record FIR disclosing cognizable offence...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Commercial purpose - Failure to remove defects during warranty period amounts to deficiency in service - Even if the purchase is for commercial purpose the complainant is a consumer in respect of service to be rendered during the warranty period...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction order obtained by defendant against plaintiff - Withdrawal of suit by plaintiff - Order of injunction came to an end and is not executable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interlocutory/temporary order - Can operate only during pendency of suit unless it is altered or modified by competent Court...........
Consumer Protection Act, 1986, Section 2(1),(e) -- Consumer Dispute - Whether a claim made on the basis of fixed deposit against a financial institution is a consumer dispute? - Held Yes...........
