Consumer Protection Act, 1986, Section 13(4)(iii) -- Insurance claim -Affidavit - Evidentiary value - Affidavits sworn on oath before a Notary that no amount was paid towards fare - The vehicle was lent to the persons on humanitarian grounds for taking dead body of their relatives - The affidavit will have precedence over the statement recorded by the police - Record of..........
Insurance claim Repudiation -- Driving licence - Plea by insurer that it was found fake after verification - Matter in issue settled in the MACT claim fifed by one claimant against the appellant which was not challenged - In the present case if would certainly preclude the appellant from now questioning the licence in question of the driver being fake...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 40(2) -- Plaint - Amendment - Suit for prohibitory injunction - Amendment of plaint sought to seek relief of damages - A claim for damages is inherent in a suit for perpetual injunction and where this relief is not specifically claimed in the original suit, amendment in this regard must be..........
Tubewell -- Electricity connection - Non release of - Even after 21 years - Plea that he had not deposited the requisite non-refundable amount of Rs.20,000/- as per sale circular of the year 2001 - Respondent applied for connection in 1981 and in 1987 - He had deposited the security amount coupled with the test report - Seniority of the respondent disturbed and person..........
Consumer Protection Act, 1986, Section 15 -- Appeal - New plea -Insurance claim - Plea that driver did not have valid driving licence - No such plea was ever taken by the insurer before the District Forum - No new plea can be permitted to be raised at such belated stage...........
Insurance claim -- Cattle insurance - Repudiation - Plea that cattle died within 15 days of obtaining of policy - Certificate of insurance issued on 02.07.2004 by authorised Veterinary Doctor on receipt of premium and the cattle was also tagged on the said date - Policy ought to have been issjued covering risk from 02.07.2004 itself irrespective of date of issuance of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Counter claim set up by defendant - Defendant absent - Suit decreed exparte - In application relief claimed as to setting aside exparte decree and to restore suit - No relief claimed nor granted of setting aside the dismissal of counter claim and of restoring the same to be tried on merits -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Exparte decree - Setting aside - Defendant filed written statement and counter claim - Issues framed and plaintiff filed evidence affidavit - On subsequent date defendant and his counsel absent - Suit decreed - There was no order calling upon defendant to produce evidence - Decree..........
Insurance claim -- Repudiation - Vehicle left In unlocked condition on the road in front of the house at about 11 to 11.30 P.M. at night - Complainant/respondent failed to take due care of his vehicle and had violated the terms of policy - OP/appellant has not committed any deficiency In service repudiating the claim on the aforesaid ground...........
Consumer Protection Act, 1986, Section 2(1)(d), 14(1)d) -- Shares -Allotment application - Compensation - Applied for 1000 shares with cheque of Rs.1,15,000/- but in statement prepared by OP3 Rs.11,500/- mentioned hence only 50 shares allotted - OPs utilized the amount deposited by respondent and due to the mistake of OP2 and OP3 claim of complaint could not be considered..........
