Consumer Protection Act, 1986, Section 2(1)(o), 2(c), 2(d), 2(g), 14 -- Medical practitioners - Applicability of the Act - Cannot be questioned on the ground that they are subject to disciplinary control under Medical Council Act, 1956...........
Consumer Protection Act, 1986, Section 2(1)(o)(d), 2(ii) -- Expression `Potential users' `make available' or `avails of' and `hires' - Intention of legislature is not to exclude Medical practitioners from purview of the Act...........
Consumer Protection Act, 1986, Section 2(1)(o), 2(c), 2(d), 2(g), 14 -- Medical Officer - Employed for rendering medical service to the employer - Is excluded being under a contract of service...........
Consumer Protection Act, 1986, Section 2(1)(o), 2(c), 2(d), 2(g), 14 -- Medical service - Rendered free - Does not fall within the definition of `Service'...........
Consumer Protection Act, 1986, Section 2(1)(o), 2(c), 2(d), 2(g), 14 -- Medical service - Payment of token amount for registration purposes - Cannot be treated as charge...........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Deficiency in service - Has to be judged by applying test of reasonable skill and tare applicable in action for damages from negligence...........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- It is generally desirable that the trial Court should dispose of all the issues, it does not necessarily follow that an issue which goes to the root of the trial cannot be considered as a preliminary issue...........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Issue of res judicata - If capable of decision on basis of undisputable facts emerging from pleadings, it is duty of Court to decide such issue as preliminary issue...........
Civil Procedure Code, 1908, Section 2(2), 96, 115, Order 41, Rule 5 -- Decision on merits - Amounts to decree - Appeal lies - No appeal can be filed against a decision not given on merits i.e given only on some technical point - Against such decision only revision lies - In the instant case decision given dismissing suit on legal bar created by Consolidation Act - Revision..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Previous suit for recovery of sale price - Suit dismissed - Subsequent suit for recovery of possession - Held, there is distinct cause of action in subsequent suit - Bar under O.2.R.2 not attracted...........
