Consumer Protection Act, 1986, Section 2(1)(d), 14(1)(d) -- Medical negligence - Consumer - Plea that complainant is not consumer since she has not paid anything to the OPs hence not a consumer - Held that OP's are taking advantage of the fact that complainant had not produced on record the receipt for the payment of fees to Millennium Hospital, but payment or no payment..........
Consumer Protection Act, 1986, Section 2(1)(d), 14(1)(d) -- Medical negligence - Consumer - Plea that complainant is not consumer since she has not paid anything to the OPs hence not a consumer - Held that OP's are taking advantage of the fact that complainant had not produced on record the receipt for the payment of fees to Millennium Hospital, but payment or no payment..........
Indian Penal Code, 1860, Section 302 -- Murder - Case based on circumstantial evidence - Dead body found in a deserted well which was accessible to every body - Delay of 9 days in lodging FIR and the same not explained - Dead body recovered after nine days after the deceased was last seen in the company of accused - Motive not proved as dispute alleged regarding payment of..........
Agreement to sell -- Specific performance - Clause of payment of damages in agreement - Contention of defendant that in the light of such clause plaintiff is not entitled to specific performance except for compensation - Such plea not taken in written statement - Plaintiff deposited the entire balance sale consideration in Court without such a direction from the Court -..........
Industrial Disputes Act, 1947, Section 2(oo) -- Termination - Reinstatement - Compensation - In lieu of reinstatement - Respondent was drawing total emoluments to the tune of Rs. 4200/ - p.m. and worked with the petitioner for 9 years - Labour Court's award directing payment of compensation amount of Rs. 2, 16,000/ - in lieu of reinstatement and back wages confirmed -..........
Consumer Protection Act, 1986, Section 24A , 11 , 2(1)(c) , 2(1)(r) -- Limitation - Unfair trade practice - Flat restoration - Contention of OP that the complainant made payment for restoration of flat in May, 2006 and the flat had been allotted in his name June,2006 but complaint filed in August, 2008 which is barred by limitation repelled - Held that the cause of action..........
Consumer Protection Act, 1986, Section 2(1) -- Consumer - Medical service - There is no evidence if the appellant had made any payment to the respondent hospital or respondent Nos.1 and 3, the doctors - Therefore, the appellant is not a consumer...........
Contempt of Courts Act, 1971, Section 12 -- Purchase of truck - Loan - Repayment - Failure to pay instalments - Repossession of truck - On failure to make payment of instalments even after issuance of registered notice as per agreement the vehicle was repossessed after informing the police - At the time of repossession of vehicle, inventory list was prepared - Held,..........
Civil Procedure Code, 1908, Section 34, Arbitration Act, 1940, Section 29, Arbitration and Conciliation Act, 1996, Section 31(7) -- Interest on delayed payment - If the amount is withheld wrongly and without any justification and there is no embargo or legal hurdle in awarding interest then there cannot be any justifiable reason to deny the same...........
Arbitration Act, 1940, Section 29, Arbitration and Conciliation Act, 1996, Section 31(7), Civil Procedure Code, 1908, Section 34 -- Arbitration award - Interest on delayed payment - Arbitrator has the competence, jurisdiction and power to award interest for the period from the date of award to date of payment as also for pre-reference, pendente lite and post award -..........
