Consumer Protection Act, 1986, Section 2(1)(d)(ii), 14(1)(d) -- Medical Negligence - Compensation - Award of compensation by National Commission to the minor as well as to his parents - Held that the Commission rightly awarded compensation in favour of parents in addition to the compensation In favour of the minor child...........
Consumer Protection Act, 1986, Section 2(1)(d), 14 -- Car - Warranty - Purchase of new Maruti car by opposite party - She sold the same to appellant/complainant within the period of guarantee/warranty - Dismissal of complaint by District Forum holding that complainant was not a consumer as defined under the provisions of the Act - Held that the definition of the consumer..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction restraining defendants from alienating suit property in a suit for specific performance - Explicitly mentioned in agreement that executant only a Karinda - Fact that Karinda signed as attorney the written statement - Cannot be said that Karinda could even execute agreement of sale - No special general..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Electricity Bill - Demand raised for payment of Rs.10,662/- for alleged theft of electricity - Complainant already informed the Electricity Board about broken glass of meter - Report of ME Laboratory does not indicate finding any hole in the meter or any observation regarding the tampering as alleged - No basis have..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Insurance claim - Repudiation - Ground that the insured concealed material particulars about his health in the proposal form for obtaining the policy - Death due to jaundice - In the history of the illness recorded chronic alcoholic takes 1/2/1 peg of whiskey - Would not per se sufficient to come to the conclusion that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Prim facie case - Means the prima facie existence of a right and its infringement by the opposite party...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff's prima facie possession established which has been so described even by the defendants by filing a counter claim for mandatory injunction directing the plaintiff to restore the possession - Held, possession of the plaintiff over the demised premises has to be protected during the pendency..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- No injunction can be granted against true owner - Applies only to a trespasser - Not applicable in case of tenant - Tenant can only be evicted after following procedure prescribed by statute...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction in a suit for declaration and permanent injunction restraining defendants from dispossessing plaintiff from suit land claiming to be tenant and not liable to be evicted except in due course of law - No evidence produced to show that plaintiff voluntarily surrendered possession - A tenant can only be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - One stray entry in the jamabandi for the year 1985-86 in favour of the plaintiff - No document to show as to how this stray entry was made in his favour - Held, plaintiff is not entitled to any injunction simply on the ground that he was not given any notice before making change in the revenue..........
