Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Subrogation - Loss of consignment paid by the insurance company to the complainant respondent and then got subrogated to the rights of the first complainant - Complaint filed against carrier allowed by the District Forum - Held that the assignment of rights of a consignor in respect of lost consignment to..........
Consumer Protection Act, 1986, Section 2(1),(d),2(1),(r),14(1),(d) -- Plot allotment - Deficiency in service - Unfair Trade Practice - Discrimination - Application for allotment of plot submitted in 1971 - Death of the applicant in 1972 intimation of which given by the legal heirs to OPs in 1975 - Delay by the OP's in finalization - lf the matter regarding the transfer of..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Where the services of an Advocate are made available to a person through the Legal Service Committee and there is no evidence to show that the said Committee paid any fee to the Advocate, such a person cannot be termed as a consumer...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - It is not appropriate to hold mini trial at the stage of grant of temporary injunction...........
Criminal Procedure Code, 1973, Section 378(4), 210, 225, 2(d), 2(r) -- Acquittal in a case originally instituted on complaint - Appeal against - Merely because complaint was committed to Court of Session and conducted by Public Prosecutor, it would not cease to be complaint case - Court can treat revision filed by complainant assailing order of acquittal as an appeal under..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Concealment of material facts - In itself is a ground for rejection of the application...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Partnership firm - Injunction against partner - Suit for injunction against a partner is not legally maintainable because each partner is agent of the partnership firm - He has an equal interest like others - Though a partner is not a co-sharer but certainly he has a right, title or interest in the property and he has the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Temporary injunction - Action for passing of and infringement of trade mark - Both appellant and respondent carrying on similar business of plywood and wood products - Both using 'UNIPLY' and 'UNIBOARD' as trade marks - Both filing separate suits and seeking temporary injunction - Both applying for..........
Consumer Protection Act, 1986, Section 2(1),(d),(g) -- Consumer - Deposit - Refund - Held that deposit holder would be a consumer within the meaning of Section 2(1) (d) of the Act - Failure to refund the amount deposited with any financial institution on maturity will amount to deficiency in service...........
Consumer Protection Act, 1986, Section 2(1),(d),(ii), 24A -- State Commission dismissing the complaint in limini on two grounds i.e. the Complainant could not be construed as a consumer falling u/s 2(1) (d) (ii) and that the complaint was barred by time - Findings recorded by the State Commission held to be not calling for any interference - Moreover, the present appeals..........
