Consumer Protection Act, 1986, Section 11, Railways Claims Tribunal Act, 1987, Section 13 , 15, Railways Act, 1989, Section 123 , 124A -- Complaint - Bar of jurisdiction - Railways - Untoward incident - Compensation - In view of the bar contained in Section 15 of the 1987 Act claim made in respect of untoward incident, within the meaning of Section 124A of the 1989 Act,..........
Transfer of Property Act, 1882, Section 53A -- Part performance - A person invoking protection of Section 53-A of the Act has to prove that he was willing to perform his part of contract...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Complaint maintainability - Commercial space for office - Booking of six units by complainant a Company engaged in the manufacturing of components, assemblies and hydraulic systems for agriculture and construction purpose - Booking not for the purpose of earning livelihood by means of self employment by the..........
Insurance claim -- Repudiation - As per Insurance Policy the stock in trade furniture, fixture and fittings were covered at the insured's business premises/shops - The stock in trade kept at the different place other than the insured premises was certainly not covered under the policy in question - Order of the State Commission upholding the repudiation of claim by..........
Consumer Protection Act, 1986, Section 24A -- Insurance policy - Insurance claim - Limitation - Condition No.7 of the policy provided that if the Company disclaim liability to the insured for any claim and such claim not made the subject matter of a suit in a Court of law within 12 months from the date of such disclaimer the claim shall be deemed to have been abandoned -..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Motor Vehicles Act, 1988, Section 84, 39, 56, 59, 60, 66, 149(2)(a)(i) -- Insurance claim - Repudiation - On the ground that Taxy cab had seating capacity of six but at the time of accident it was having 8 passengers and secondly the vehicle which was registered as Transport vehicle was not having fitness..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Petition for divorce by husband on ground of cruelty - Husband, his mother and near relations arrested in a criminal case got registered by wife under section 498-A IPC - All acquitted in a criminal case on the ground that complainant's own testimony falsified prosecution case - Held, embarrassment, humiliation and suffering..........
Medical negligence -- Compensation - Caesarean section delivery - Expert evidence - Both respondents Anaesthetist as well as Gynaecologist have not followed the standard medical protocol during the course of the caesarean section surgery on the deceased - By mishandling/improper handling of the anaeshological procedure the patient developed Hypoxic Encephalpathy leading to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Ejectment petition under Section 13-B - Summons served upon tenant - Tenant failed to file application within 15 days to contest petition - Ejectment ordered...........
Protection of Woman From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance - Plea that aggrieved wife was already married and during subsistence of that marriage married the petitioner - Certified copy of marriage certificate of earlier marriage filed - Magistrate rejected prayer of husband by holding that marriage certificate is not a conclusive proof of..........
