.....redressal forum, jalandhar, allowing the consumer complaint number 135/2005, filed by the present respondent simar kaur was upheld. 2. brief facts of the case are that as stated by the complainant, she wanted to run the business of running a sewing school in the name of m/s. ram simar institute of fashion technology, janta colony, bhogpur, in affiliation with the present petitioners and usha sewing school network. the complainant deposited a bank draft no. 011018 1442960001 dated 16.04.2003 of amount rs.51,032/- in favour of the petitioner/op, which was encashed by the petitioners. the complainant has stated that she constructed four rooms on a plot of 1 kanal 10 marlas area and arranged for furniture, fixtures, etc. for setting up the said school, but affiliation was not granted by the petitioner, due to which she suffered huge loss amounting to rs.10 lakh. the complainant sought a direction to the petitioner/op to pay an amount of rs.5 lakh as compensation for deficiency in service, negligence and unfair trade practice on his part due to non-affiliation/approval of sewing school/institution. the district forum vide their order dated 14.03.2007, allowed the said consumer.....
Tag this Judgment! Ask ChatGPT.....and knowledge and must also exercise a reasonable degree of care and caution in treating a patient. in the instant case, it is very clear from the facts stated in forgoing paragraphs that a reasonable degree of care was not taken by op in treatment of the childs left eye. 18. therefore, we are of considered opinion that there is deficiency in service by ops and negligence in proper treatment which resulted in loss of vision in left eye of complainant. hence, we do not find any illegality in the orders pass by for below. while quantifying the compensation it is necessary to consider the age of the child, her fathers economic conditions. it is being a female child of 11 years as of now, lost her eye at the age of 1-1/2 years. considering a tender age of child and her future, we are of considered opinion that she should be compensated adequately. therefore, we confirm the orders of fora below and impose additional punitive compensation of rs.2, 00,000/- to be paid to the complainant. 19. hence, the revision petition is dismissed. ops are directed to comply entire order within 60 days otherwise it will carry interest @ 9% per annum. it is further directed that the amount to be.....
Tag this Judgment! Ask ChatGPT.....before the district forum, i.e., pravenchandra shetty, complainant, m/s mandovi motors pvt. ltd., op no. 1 and maruti udyog limited, op no. 2. brief facts of the case are that op no.1 is the authorised dealer of op no.2, maruti udyog ltd., having right of sale and service of maruti vehicles to dakshin kannada district. the op no.2 is the manufacturer of maruti cars. the complainant had purchased a maruti wagon r vxi euro “ 2 car from op no.1 for rs.3,73,364.62ps. on 29.03.2003, which was duly registered by the regional transport officer, mangalore. the complainant also availed a loan of rs.3 lakh from icici bank and the said car was covered by warranty for a period of 24 months from the date of delivery or 40,000/- km whichever occurs first. it has been alleged in the complaint that since the date of purchase, abnormal vibration was being felt during driving of the vehicle between the speed of 40 km/hour to 80 km/hour. the complainant took the vehicle to op no. 1 a number of times and they tried to remove the defects every time and replaced certain parts as well but to no avail. 3. the complainant has cited a number of specific dates and specific instances in the complaint,.....
Tag this Judgment! Ask ChatGPT.....of an oral agreement between him and wylie that medx would not hold him personally liable for the debts of the company. because of the dispute of fact thus arising, the application was dismissed with costs. [4] undeterred by these two setbacks, medx then instituted the action which eventually resulted in this appeal. at the trial the parties were in agreement that the onus to prove his defence of an oral agreement rested on branfield. at the end of the proceedings sibeko aj held that branfield had failed to rebut that onus. in consequence he granted judgment as prayed in favour of medx with costs. branfields appeal to the full court was however successful in that tsoka j “ with carelse j and dörfling aj concurring “ set aside the order by the court of first instance and replaced it with an order dismissing medxs claim with costs. the present appeal against the judgment of the full court is with the special leave of this court. [5] the outcome of the appeal turns exclusively on issues of fact. those issues are to be determined against the background that follows. at the beginning of 1999 medx started a back and neck rehabilitation centre in randburg. for that.....
Tag this Judgment! Ask ChatGPT.....part a of the register.1 [3] grandmark international (pty) ltd “ the respondent “ imports and distributes motor vehicle components manufactured mainly in taiwan. the affidavits disclose “ and it was common cause “ that amongst the articles it imported were exact embodiments of the four designs. the packaging of one of the components also contained writing that is said to infringe one of bmws trade marks. [4] bmw applied to the north gauteng high court for orders interdicting the alleged infringements, and for related relief so far as the designs are concerned, which has become superfluous now that the period for which they were registered has expired. what is now sought by bmw if the designs were infringed is a declaration to that effect, which will be relevant to proceedings it has commenced for payment of royalties.2 [5] in response to the claims of design infringement grandmark counter-claimed under s 31 of the act for revocation of their registration, on the grounds that the designs did not qualify for registration under s 14. in the event that its claim for revocation failed it asked for an order referring the matter to the competition tribunal.....
Tag this Judgment! Ask ChatGPT.....with the quantity of dna present. an electropherogram may however also indicate material not naturally present in dna. this is called an artefact. [17] evidence of dna profiling may be of great significance in a given case. it is important, however, that evidence of dna profiling be viewed in proper perspective in each case. [18] evidence that the str profile of an accused person matches that of a sample taken at the scene or can be included therein, is circumstantial evidence. the weight thereof depends on a number of factors. these include: (i) the establishment of the chain evidence, ie that the respective samples were properly taken and safeguarded until they were tested in the laboratory; (ii) the proper functioning of the machines and equipment used to produce the electropherograms; (iii) the acceptability of the interpretation of the electropherograms; (iv) the probability of such a match or inclusion in the particular circumstances; (v) the other evidence in the case. [19] paragraphs (i) and (ii) speak for themselves. analysts provide interpretations of electropherograms referred to in paragraph (iii). the weight of such expert opinion (and of conflicting.....
Tag this Judgment! Ask ChatGPT.....order. section 6(1) of the act contemplates that the committee shall determine the fee leviable by a private school taking into account the factors indicated in section 6(1) of the act. in terms of section 6(2), the committee shall, on determining the fee leviable by a private school, communicate its decision to the school concerned. in terms of section 6(3), any private school aggrieved over the decision of the committee shall file their objection before the committee within 15 days from the date of receipt of the decision of the committee. thereafter, the committee shall pass the orders fixing the fee to be collected by the schools.7. section 6 reads as under:- ".factors for determination of fee. - (1) the committee shall determine the fee leviable by a private school taking into account the following factors, namely:- (a) the location of the private school; (b) the available infrastructure; (c) the expenditure on administration and maintenance; (d) the reasonable surplus required for the growth and development of the private school; (e) any other factors as may be prescribed. (2) the committee shall, on determining the fee leviable by a private school,.....
Tag this Judgment! Ask ChatGPT.....situated in s.f.no.54/3 of karaipudur village, palladam taluk, coimbatore district and transporting the water through the lorry to his banian factory viz., 'saranya colours' near the tiruppur situated in kunnagalapalaym, chinnakarai, arulpalayam post, palladam taluk, coimbatore district. writ petition no.12375 of 2008: appusamy gounder .... petitioner vs.1. the revenue divisional officer, tiruppur, coimbatore district, 2. the inspector of police, palladam police station, palladam taluk, coimbatore district.3. new tirupur area development corporation ltd., represented by its authorised signatory having its office at 'anurag', no.15, murray's gate road, alwarpet, chennai 600 018. .... respondents petition under article 226 of the constitution of india praying for the issuance of writ of mandamus forbearing the respondents from obstructing the supply of water taking from the open well of the petitioner situated in s.no.386 in 30, karaipudur village, palladam taluk, coimbatore district for domestic and industrial purposes in and around tiruppur and palladam by the petitioner. for appellant in w.a.nos.923 to 926 of 2009: mr.s.raghunathan for r1 in w.a.nos.923 to 926 of 2009.....
Tag this Judgment! Ask ChatGPT.....a period of 21 days. the enquiry officer held the charge against the appellant as proved. in view of the finding of the enquiry officer, as also the fact that the appellant had earlier deserted the force on three occasions and absented himself from duty on two occasions, the disciplinary authority, viz., the second respondent herein, passed an order of dismissal from service against the appellant. the appellant challenged the same by filing the writ petition, which was dismissed by the learned single judge, who held that the appellant, being employed in the armed reserve was expected to maintain strict discipline and in view of this past conduct, the punishment of dismissal cannot be termed as excessive or disproportionate. 3.after hearing the learned senior counsel for the appellant and the learned government pleader, we are prima facie of the view that the punishment imposed on the appellant is disproportionate to the charge levelled against him and it is in fact, shocking the conscience of this court. we, therefore, allow this writ appeal, set aside the impugned judgment passed by the learned single judge and remit back the matter to the disciplinary authority, viz. the second.....
Tag this Judgment! Ask ChatGPT.....in accordance with the rates as the commission may fix from time to time for different categories of consumers. (iii) disincentive for power factor every consumer shall maintain a power factor- in case of lt supply, of 0.85 lag and in case ht supply, of 0.90 lag failing which he shall be liable to pay compensation by way of disincentive at such rates as the commission may declare from time to time. likewise, the consumer who maintains the power factor above a specified level may be rewarded by way of incentive at such rates as the commission may declare from time to time which shall be adjusted in the bill. (iv) additional charges for harmonics dumping where any equipment installed by a consumer generates harmonics, the consumer shall provide adequate harmonic suppression units to avoid dumping of harmonics into licensees distribution system and the licensee is at liberty to provide suitable metering equipment to measure the harmonic level pursuant to such harmonic. where the consumer fails to provide such units, he shall be liable to pay compensation at such rates as the commission may declare from time to time. (v) the tax or duty, if any, on electricity supplied or.....
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