Civil Procedure Code, 1908, Order 41, Rule 33 -- Appellate Court - Powers - Appellate Court if finds, on appreciation, to the extent permissible in the law of evidence, that the conclusion drawn by the trial court is either unwarranted or not supported by evidence or the trial court has committed some legal error, the Appellate Court is bound to step in and set right the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint filed by company through its authorised representative - Board resolution authorising representative, not filed alongwith complaint - Application for placing Board Resolution on record - Court committed error by denying application for placing Board resolution on record - An..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Flat - Booking of flat - Cancellation of booking - Refund - Clause 8 of the terms and conditions of the flat provide for forfeiture of 10% of the cost of flat when request made for cancellation of booking - Cost of flat 5,61,000/ - the amount to be forfeited comes to Rs. 56,100/ - on cancellation of..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Insurance Act, 1938, Section 45 -- Insurance claim - Repudiation - Suppression of material fact - Deceased had filed fresh personal statement and proposal form on 4.6.2005 to get the policy revived - The fact of illness and treatment of tuberculosis had not been mentioned therein - Death of the insured on 19.11.2005..........
Consumer Protection Act, 1986, Section 2(1)(g), 21(b) -- UTI - US 64 Scheme - Redemption of Units - Deficiency is service on the part of petitioner - The order passed by the District Forum well - reasoned order based on documentary evidence but there is no documentation filed by the OPs - The State Commission has again gone into the details of the units in question and the..........
Insurance claim -- Discharge Voucher - Full and final payment - Estoppel - Misrepresentation - Claim of the petitioner settled by respondent in view of the report submitted by the Surveyor - cum - Loss Assessor and petitioner received the assessed sum within a period of 22 days from the date of accident - The petitioner an Advocate - Once having signed the voucher it does..........
Consumer Protection Act, 1986, Section 2(1)(g), 21(b) -- Revisional jurisdiction - Finding of fact - Insurance policy - Cash - in - transit policy - Loss of the sum of Rs. 3,10,000 on 20.8.2001 by respondent which he withdrew from a Bank and carrying the said amount for disbursement of salary when the money was stolen in transit - The source of money established - Soon..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Revisional jurisdiction - Order of the District Forum challenged by respondent and without issuing notice to petitioner - complainant by the State Commission compensation reduced from Rs.10,000/ - to Rs. 5,000/ - - Cross Appeal filed by the petitioner - complainant was dismissed by the State Commission..........
Consumer Protection Act, 1986, Section 21(b) -- Revisional Jurisdiction - Concurrent of findings of fact - Insurance claim - Repudiation - Finding of fact by the Fora below that the complainant was unable to establish that the tractor in question was stolen , while on its journey on 23.5.2000 during the currency of Insurance Policy from 16.5.2000 to 15.5.2001 and not on..........
Consumer Protection Act, 1986, Section 2(1)(g), 21(b) -- Insurance claim - Repudiation - Suppression of material facts - Non - disclosure of taking of drugs for the last 5 - 6 years by the life assured held to be a material fact - The same deliberately suppressed in the proposal form - State Commission held fully justified in passing the order under challenge allowing the..........
