Medical negligence -- Disputed question of facts - Plea that commission having summary jurisdiction and complaint not maintainable on the ground of disputed question of facts held not tenable...........
Civil Procedure Code, 1908, Order 41, Rule 9 -- as inserted w.e.f. 1.7.2002 by Amendment Act 46 of 1999 - Memorandum of appeal - Has to be filed in the Court in which appeal maintainable as required under Order 41 Rule 1 - Merely because memorandum of appeal not filed under Order 41 Rule 9 - Will not make appeal filed in Appellate Court as defective - Appellant not..........
Motor Vehicles Act, 1988, Section 149(2), 137, Constitution of India, 1950, Article 227 -- Motor accident - Claim petition - Writ petition against order of compensation - Insurer's right to appeal is limited only to a few grounds under the statute and the same cannot be enlarged in exercise of jurisdiction under Art.227 - High Court does not act as an Appellate Court or..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Banking service - Consumer - Withdrawal of cash credit limit - Plea of the OP that complainant not a consumer hence complaint not maintainable repelled - Held that the Bank in the instant case also rendered service to the complainant as defined in Section 2(1) (o) and the complainant is a consumer as defined under Section..........
Successive complaints -- Suppression of material facts - Fraud upon the Court - Complaint dismissed due to non-prosecution - Complainant filing another complaint petition on the same cause of action suppressing the fact of dismissal of earlier complaint - Very initiation of the proceeding on the basis of successive complaint petition not maintainable - Amounts to..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Drainage system - Allegation that the drainage system provided by OP's was faulty due to improper maintenance and rain water entered his house damaging his valuables and other household articles and claim made for damages - Held that since the complainant did not hire or avail the service for consideration..........
Consumer Protection Act, 1986, Section 2(1),(g),(o), M.P. Co-operative Societies Act, 1960, Section 82 -- Services - Co-operative Society bank - Deficiency in service - Complaint against - Jurisdictional bar - Bank carrying on financial activities of investment etc. - If there is deficiency in service complaint would be maintainable under the Act - Section 82 of the 1960..........
Consumer Protection Act, 1986, Section 3, Workmen's Compensation Act, 1923, Section 31 -- Additional remedy - Award by Workmen's Compensation Commissioner - Plea that he is the appropriate authority to execute the Award against the Insurance Company under Section 31 of the 1923 Act and proceedings under the 1986 Act not maintainable repelled - Findings of the District..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Not filed within a month from the date fixed by Court for hearing of appeal - Extension of time also not sought - Respondent rather participated in the hearing on cross objections - Thereafter respondent filed application for condonation of delay - Held, application not maintainable as extension of time..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Application can be filed only by a party to the lis - Review application is not maintainable at the instance of a third party...........
