Landmark judgements

 

NATIONAL INSURANCE COMPANY LTD V/S SEEMA MALHOTRA AND ORS

Under Section 25 of the Contract Act an agreement made without consideration is void. Section 65 of the Contract Act says that when a contract becomes void any person who has received any advantage under such contract is bound to restore it to the person from whom he received it. So, even if the insurer has disbursed the amount covered by the policy to the insured before the cheque was returned dishonoured, insurer is entitled to get the money back. However, if the insured makes up the premium even after the cheque was dishonoured but before the date of accident it would be a different case as payment of consideration can be treated as paid in the order in which the nature of transaction required it....

SANDEEP GUPTA VERSUS UNITED INDIA INSURANCE CO. LTD.

if the transferee fails to inform the Insurance company about the transfer of Registration certificate in his name, and the policy is not transferred in the name of transferee, then the Insurance company can not be held liable to pay the claim in case of own damage of the vehicle....

NEHA SEHGAL Vs M/s. Unitech Limited

However, that fact alone cannot suffice to oust the territorial jurisdiction of the (Delhi) State Commission to adjudicate upon the complaint, in view of the specific provisions of section 11 (2) (b) of the Consumer Protection Act, 1986 (‘the Act’). To emphasise, the clause relating to jurisdiction of “courts” in the agreement between the parties cannot by itself over-ride the statutory right of the appellant/ complainant conferred by the above-mentioned provision of the Act – that would defeat the purpose and object of the Act. This view is also in accord with the provisions of section 28 of the Indian Contract Act, 1872 (as amended with effect from 8th January 1997)....

U.P. POWER CORPORATION LTD. & ORS. … Versus ANIS AHMAD …

A “complaint” against the assessment made by assessing officer under Section 126 or against the offences committed under Sections 135 to 140 of the Electricity Act, 2003 is not maintainable before a Consumer Forum....

Mithoolal Nayak Vs Life Insurance Corporation Of ... On 15 January, 1962 [Pre-existing disease-refund if false statement found]

We agree with the High Court that where the contract is bad on the ground of fraud, the party who has been guilty of fraud or a person who claims under him can not ask for a refund of the money paid...

BIMAN KRISHNA BOSE Vs. UNITED INDIA INSURANCE CO.LTD. & ANR NO. [Issue-Renewal of mediclaim policy]

A renewal of an insurance policy means repetition of the original policy. When renewed, the policy is extended and the renewed policy in the identical terms from a different date of its expiration comes into force. In common parlance, by renewal, the old policy is revived and it is sort of a substitution of obligations under the old policy unless such policy provides otherwise. It may be that on renewal, a new contract comes into being, but the said contract is on the same terms and conditions as that of the original policy....

JOSE PHILIP MAMPILLIL VS PREMIER AUTOMOBILES LTD. AND ANR.

Manufacturer and dealer both are responsible for selling defective vehicle. There is no doubt that the Appellant has had to suffer mental agony in taking delivery of a defective car after having paid for a brand new car and in taking the car again and again to the dealer for repairs. For this mental agony and torture, we direct that the Appellant shall be entitled to a sum of Rs. 40,000/-. The liability to pay this amount shall also be joint and several of both the Respondents....

S.P. GOEL Vs COLLECTOR OF STAMPS, DELHI

instrument which is not duly stamped will not be registered and the Sub- Registrar before whom the document is presented may well refuse its registration and may, even, impound the document in the course of performance of his statutory duties under Section 33(1) of the Stamp Act which provides as under:- "33(1). Every person having by law or consent of parties authority to receive evidence, and every person in charge of a public office, except an officer of police, before whom any instrument, chargeable, in his opinion, with duty, is produced or comes in the performance of his functions, shall if it appears to him that such instrument is not duly stamped, impound the same." Under this Section, every instrument which is not duly stamped is liable to be impounded....

MRS. MADHURI GOVILKAR VERSUS. M/S. HINDUSTAN PETROLEUM CORPORATION& OTHERS BEFORE : NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI [ORIGINAL PETITION NO. 289 OF 1996]

In the present case, after lighting the gas, the cylinder was found burning all around in the periphery of the bottom lip of the regulator with a dense yellow flames. This would certainly be a manufacturing defect. Hence, there is apparent deficiency in manufacturing of the LPG cylinder. It was not only imperfect but shortcoming in the quality which is required to be maintained for the safety of the consumers....

NATIONAL INSURANCE COMPANY LTD.V/S HINDUSTAN PETROLEUM CORPORATION LTD.& OTHERS [NCDRC] REVISION PETITION NO. 816-818 of 2009

Insofar as the petitioner/Insurance Company is concerned, undoubtedly under Section-X of their policy, the petitioner/Insurance Company had undertaken to indemnify the dealer for any liability towards third party arising out of any accident. In our view, the incident will be covered under this section of the policy as otherwise the very purpose of taking an insurance policy for third party coverage will be defeated....

STATE BANK OF INDIA VS M/S. B.S. AGRICULTURAL ... ON 20 MARCH, 2009

Section 24-A of the Consumer Protection Act, 1986 (referred to as the Act hereafter) expressly casts a duty on the Commission admitting a complaint, to dismiss a complaint unless the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that the complainant had sufficient cause for not filing the complaint within the period of two years from the date on which the cause of action had arisen....

CHARANJIT SINGH CHADHA AND ORS. VS SUDHIR MEHRA ON 31 AUGUST, 2001 (SUPREME COURT OF INDIA) V1 (2001)SLT 883

. The hire-purchase agreement in law is an executory contract of sale and confers no right in rem on hire until the conditions for transfer of the property to him have been fulfilled. Therefore, the re-possession of goods as per the term of the agreement may not amount to any criminal offence...

Smt. Savita Garg vs The Director, National Heart ... on 12 October, 2004 Author: A Mathur Bench: B.N.Agrawal, A.K.Mathur

Whether non-impleading the treating doctor as party could result in dismissal of the original petition for non-joinder of necessary party. So far as the law with regard to the non-joinder of necessary party under Code of Civil Procedure, Order 1 Rule 9 and Order 1 Rule 10 of the CPC there also even no suit shall fail because of mis-joinder or non-joinder of parties.Even otherwise also CPC is not stricly applicable to the consumer forum ,only a few provisions of CPC are applicable as per sec 22 of the act and as per sec 13 of the act The National Commission shall, in the disposal of any complaints or any proceedings before it, have- (a) the power of a civil court as specified in sub- sections (4), (5) and (6) of section 13; (b) the power to issue an order to the opposite party directing him to do any one or more of the things referred to in clauses (a) to (i) of sub- section (1) of section 14, and follow such procedure as may be prescribed by the Central Government.". even if after the direction given by the Commission the concerned doctor and the nursing staff who were looking after the deceased A.K.Garg have not been impleaded as opposite parties it can not result in dismissal of the original petition as a whole...

State Of Karnataka vs Vishwabarathi House Building ... on 17 January, 2003

Supreme court did not agree to the contentions of the petitioner that: (1)(a) The Parliament is not empowered to establish hierarchy of Courts like the District Fora, State Commission and the National Commission parallel to the hierarchy of Courts established under the Constitution, namely, District Courts, High Courts and Supreme Court in the absence of a suitable amendment made in the Constitution of India in terms of Article 368 thereof. (b) Such hierarchy of consumer courts established under the Act would result in conflict of decisions with the hierarchy of courts established under the Constitution dealing with similar matters. And held -Consumer Protection Act a valid act...

JAI KUMAR MITTAL VS.BRILLIANT TUTORIALS ORIGINAL PETITION NO. 51 OF 1995 NATIONAL COMMISSION

In a situation where in the study material there were material defects and the standard required to be maintained for civil services examination was not maintained AND In the said material incorrect answers were supplied Will it amount to a gross deficiency of service. It is apparent that there is deficiency in service by the Opposite Party in supply of study material. However, the question is whether these errors can be held to be of such importance that it would result in failure of the Complainant in succeeding Civil Services Examination….. whether not providing sufficient study material amounts to defeciency in services under consumer protection act...

Faqir Chand Gulati V/S Uppal Agencies Pvt. Ltd. & Anr .

A land owner, who enters into an agreement with a builder, for construction of an Apartment Building and for sharing of the constructed area, is a `consumer' entitled to maintain a complaint against the builder as a service-provider under the Consumer Protection Act, 1986....

CENTRLAL BOARD OF SEC.EDUCATION & ... VS ADITYA BANDOPADHYAY & ORS. ON 9 AUGUST, 2011

(i) Whether an examinee's right to information under the RTI Act includes a right to inspect his evaluated answer books in a public examination or taking certified copies thereof? CBSE Examination Bye-law No.61, relevant portions of which are extracted below: 61. Verification of marks obtained by a Candidate in a subject (i) A candidate who has appeared at an examination conducted by the Board may apply to the concerned Regional Officer of the Board for verification of marks in any particular subject. The verification will be restricted to checking whether all the answer's have been evaluated and that there has been no mistake in the totalling of marks for each question in that subject and that the marks have been transferred correctly on the title page of the answer book and to the award list and whether the supplementary answer book(s) attached with the answer book mentioned by the candidate are intact. No revaluation of the answer book or supplementary answer book(s) shall be done....

C. VENKATACHALAM CIVIL APPEAL NO 868/2003 vs AJITKUMAR C. SHAH & ORS. ON 29 AUGUST, 2011

Procedure.There are many Forums and Tribunals where non-advocates are permitted to appear, therefore, there is no merit in restraining the agents from appearing before the Consumer Fora.That the Consumer Fora constituted under the Consumer Protection Act, 1986 have trappings of a civil court but are not civil courts within the meaning of the provisions of the Code of Civil...

Laxmi Narain Dhutt V/S National insurance co. Ltd

Where originally the license was a fake one, renewal cannot cure the inherent fatality. 3 In case of third party risks the insurer has to indemnify the amount and if so advised to recover the same from the insured....

Rubi(Chandra) Dutta vs M/S United India Insurance ... on 18 March, 2011

Condition of having valid driving licence for setteling the insurance claim...

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