Insurance Act, 1938, Section 45, Consumer Protection Act, 1986, Section 2(1)(g), 13(4) -- Insurance claim - Repudiation - Suppression of material fact - Adverse inference - Ailment of gall bladder and CRD stones which has no nexus with death of insured due to breast cancer - Specific averment by complainant that ailment disclosed to the agent by the policy holder but agent..........
Evidence Act, 1872, Section 27 -- Discovery of dead body - Applicability of S.27 - Held, first condition necessary for bringing this section into operation is discovery of a fact, albeit a relevant fact, in consequence of information received from a person accused of an offence - Second is that discovery of such fact must be deposed to - Third is that at time of receipt..........
Consumer Protection Act, 1986, Section 24A -- Complaint - Limitation - Continuing cause of action - Airlines - Loss of baggage - Matter arisen from an incident of 17.7.1997 - Protracted correspondence between the appellant and respondents/OP starting with his letter 14.12.1998 and their reply of 27.4.1999 - Respondent paid for loss of baggage in September, 1999 and towards..........
Consumer Protection Act, 1986, Section 24A -- Complaint - Limitation - Continuing cause of action - Airlines - Loss of baggage - Matter arisen from an incident of 17.7.1997 - Protracted correspondence between the appellant and respondents/OP starting with his letter 14.12.1998 and their reply of 27.4.1999 - Respondent paid for loss of baggage in September, 1999 and towards..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Electricity connection - Consumer - Beneficiary user - The house where the meter in dispute was installed was in the name 'H', which was purchased by appellant from the said 'H' in the year 2001 - The appellant was using the electricity from the said meter and was paying the electricity bills to the respondent from the..........
Consumer Protection Act, 1986, Section 24A -- Complaint - Limitation -Continuing cause of action - Airlines -Loss of baggage - Matter arisen from an incident of 17.07.1997 - Protracted correspondence between the appellant and respondents/OP starting with his letter 14.12.1998 and their reply of 27.04.1999 - Respondent paid for loss of baggage in September, 1999 and towards..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Education - Coaching Institute - Appellant carrying on coaching Institute at Chandigarh - They are also residing there and there is no branch office within the jurisdiction of the District Forum Hamirpur - Even no cause of action wholly or in part has arisen with the jurisdiction of the Forum below..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - 4D colour Doppler Ultrasound Scanner - Finding by the State Commission that the diagnostic centre was set up by appellant with declared objective of earning profit - The plea that his actual earning is below that of his colleagues working in Government and private hospitals cannot have any..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22, 29, 25 -- Recovery of loan - Auction sale of property - Object of the Act - Held, Act of 1993 has been enacted for the establishment of Tribunals for expeditious adjudication and recovery of debts due to Banks and Financial Institutions and for matters connected therewith or incidental thereto..........
Motor Vehicles Act, 1988, Section 80 -- Permanent permit - Application for - Dismissal - Legality of - Looking to the impugned order, it appears that no reasons have been assigned - Only one reason assigned is "dismissed" - Held, it reveals absolute arbitrariness, which leads to inequality - The impugned order is an appealable order under Section 89 of the Motor Vehicles..........
