Haryana Panchayati Raj Act, 1994, Section 176(h) -- Election petition - Acceptance of improper vote is one of the grounds to challenge election - As efficacious alternative remedy by way of filing election petition u/s 176 of the Act is available as such writ petition is not maintainable...........
Insurance claim -- Discharge voucher - Full and final payment - Complaint maintainability - Loss suffered by the respondent of over Rs. 10 lakh - Payment made of Rs. 4.30 lakh - Complainant could not have accepted this much smaller payment voluntarily unless he was in dire financial difficulty due to the losses on account of the fire because of which he was left with no..........
Haryana Co-operative Societies Act, 1984, Section 28(2), Constitution of India, 1950, Article 243(O), 243(ZG), 329 -- Haryana Cooperative Societies Rules, 1989, Rr 27(a) & 7, Appendix-A, Part II - Election - Alternative remedy - Election to the office of Board of Directors of Co-operative Bank Ltd. - Nomination papers of petitioners rejected on ground that he is defaulter..........
Flat allotment -- Deficiency in service - Compensation - Alternative plot - By inadvertent mistake flat allotted which did not exist at the site - Alternative plot allotted which was no acceptable to the respondent - Direction by District Forum for giving possession of alternative plot on payment of requisite charges without any interest or incase complainant not..........
Medical negligence -- Medical practitioner is not liable to be held negligent simply because things went wrong from mischance or misadventure or through an error of judgment in choosing one reasonable course of treatment in preference to another - So long as a doctor follows a practice acceptable to the medical profession of that day, he cannot be held liable for..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Plot allotment - Alternative plot - Price - Estoppel - Pleadings - Original allottee had in categorical terms stated that residential plot was acceptable to him on enhanced rate and he had himself deposited the additional amount - The issue could not be reopened by the respondent - complainant - It will be hit by the..........
Housing -- Plot allotment - Alternative plot - Price of plot - Development Authority offering alternate plot due to impracticability of delivery of the original plot should give the alternate plot at the original price and not on higher price...........
Consumer Protection Act, 1986, Section 2(1)(g), 3, 21(b) -- Maharashtra Protection of Interests of Depositors Act, 1999, Sections 3 and 4 - Alternative remedy - Additional remedy - Deposit - Refund - Findings of fact - Revisional jurisdiction - Contention that parallel criminal proceedings having been initiated against petitioner under 1999 Act proceedings under CP Act not..........
Madhya Pradesh Accommodation Control Act, 1961, Section 23(A)(h) -- Alternative accommodation - Landlord seeking eviction of tenant on ground of bona fide requirement - Landlord in possession of alternative accommodation but did not disclose this fact in petition - Landlord not entitled to evict tenant - Held, landlord is bound to disclose the alternative accommodation..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17,, 13, Constitution of India, 1950, Article 226 -- Tenancy created prior to the creation of mortgage - Possession taken - Time of creation of lease a moot point - Petitioner has an alternative remedy under Section 17 of the Act to file an appeal to challenge the..........
