Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Insurance claim - Succession certificate - Insistence for production of succession certificate in the absence of any dispute among the legal heirs is not at all justified and it amounts to deficiency in rendering service...........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Insurance policy - Repudiation - Ground that in the proposal form the insured had disclosed that she was not pregnant - Insured married woman with no source of income - In case of married woman but no pregnant the question of issuing policy is considered if the husband has also taken a life insurance policy - Insured..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Insurance Act, Section 45 - Insurance policy - Repudiation of claim - Ground that the insured had concealed material facts relating to his Illness and disease while submitting the proposal form - Sometimes constipation and sometimes loose motion will not be treated as a serious disease of which any notice could be taken..........
Employee's State Insurance Act, 1948, Section 2(22), 39, 40 -- Suspension - Contribution during suspension pending domestic enquiry - A suspended employee and his employer are liable to remit the contributions under the Act in connection with the subsistence allowance amounts received by suspended employee during period of his suspension - Subsistence allowance paid to an..........
Employee's State Insurance Act, 1948, Section 2(22) -- Wages - Suspended employee - Subsistence allowance to an existing employee though suspended by employer forms part of wages as per sub-section (22) of Section 2 of the Act - On the said amount the employee is liable to contribute u/s 39 by way of employee's contribution...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement of sale - Earlier suit for injunction restraining defendant from transferring, alienating or disposing of suit land in any manner in favour of any one else other than plaintiff - Right had already accrued to plaintiff to sue for specific performance of contract on account of breach committed by defendant in not..........
Civil Procedure Code, 1908, Order 22, Rule 4(2), Civil Procedure Code, 1908, Order 2, Rule 2 - - No prohibition for taking additional pleas by legal representatives regarding res judicata, suit being barred by time or barred under Order 2 Rule 2, being pure questions of law - Law permits legal representatives to raise all contentions except those which were personal to..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Two conditions precedent for applicability are : (i) earlier suit and second suit must arise from same cause of action, and (ii) the two suits-must be between the same parties - Test for finding out whether subsequent suit would be barred because of earlier one - Whether claim in subsequent suit is in fact founded on cause of..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 - - Bar under Order 2 Rule 2 and res judicata - Requirement to file pleadings of previous suit - Judgment of previous suit contained a summary of the pleadings - Plea of bar can be established on record on the basis of judgment given in the previous suit and not necessarily on the production of pleadings...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Leased premises - Bar and Restaurant - Lessor demolishing urinal situated near Bar - Prejudice to customers alleged - No affidavits filed of customers who were using urinal to say that irreparable loss would be caused for non availability of such facility - Trial Court refused injunction - In Appeal..........
