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Medical Accident Prevention Society Vs. Commissioner of Income Tax

Court : Kerala

Reported in : (2005)194CTR(Ker)475; [2005]278ITR165(Ker)

..... course of medical treatment. the counsel also submits that the cit took the stand that the only object of the trust is to protect the erring members from the proceedings under the consumer protection act as also from prosecution for professional negligence, etc. the counsel also took me to the decision of the supreme court in addl ..... had produced the deed containing the bye-laws of the society, as per which the only object was to protect the erring professionals, who are members of the society from action under the consumer protection act and under other enactments for professional negligence or misconduct, the senior counsel further submits that the cit after due ..... for general public. the services of the society are limited to its members and it is meant to defend actions initiated under or in relation to consumer protection laws or criminal laws, such actions arising as a result of medical practice. it is meant to defend actions initiated by government or judicial forums also .....

C. Venkatachalam Vs. Ajitkumar C. Shah and ors.

Court : Supreme Court of India

..... consumer. 36. the consumer protection act, 1986 is one of the benevolent social legislations intended to protect the large body of consumers from exploitation. the act has come as a panacea for consumers all over the country and is considered as one of the most important legislations enacted for the benefit of the consumers. the consumer protection act, 1986 provides inexpensive and prompt remedy. 37. the consumer protection act, 1986 ..... of the statute. it helps the claimant and the defendant equally. it does not violate any provision of the advocates act. 44. the consumer protection act, 1986 was amended in the year 2002, in pursuance to the united nations resolution passed in april, 1985 indicating certain ..... before the bombay high court. the petitions were allowed by the division bench. the high court held 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 .....

Colgate-palmolive (India) Limited Vs. Anchor Health and Beauty Care Pr ...

Court : Chennai

Reported in : (2008)7MLJ1119; 2009(40)PTC653(Mad)

..... words 'only' and 'first' actually falls within the meaning of unfair trade practice under section 2(1)(r)(1)(i) and (vi) of the consumer protection act, 1986. the claim made by the respondent tantamounts to a false representation that the goods are of a particular standard, quality and composition. it also tantamounts to ..... infant foods. but rule 7 (4) stipulates that 'the goods or services advertised shall not suffer from any defect or deficiency as mentioned in the consumer protection act, 1986'. rule 7(9) prescribes that 'no advertisement which violates the standards of practice for advertising agencies as approved by the advertising agencies association of india, ..... this judgment, in so far as commercial advertising is concerned, the major restrictions statutorily imposed upon them are to be traced either to the consumer protection act, 1986 (if they fall under the category of unfair trade practice) or to the advertisement code set out under rule 7 of the cable television network .....

Medical Accident Prevention Society Vs. Cit

Court : Kerala

Reported in : [2005]144TAXMAN324(Ker)

..... course of medical treatment. the counsel also submits that the cit took the stand that the only object of the trust is to protect the erring members from the proceedings under the consumer protection act as also from prosecution for professional negligence, etc. the counsel also took me to the decision of the supreme court in addl ..... had produced the deed containing the bye-laws of the society, as per which the only object was to protect the erring professionals, who are members of the society from action under the consumer protection act and under other enactments for professional negligence or misconduct. the senior counsel further submits that the cit after due ..... for general public. the services of the society are limited to its members and it is meant to defend actions initiated under or in relation to consumer protection laws or criminal laws, such actions arising as a result of medical practice. it is meant to defend actions initiated by government or judicial forums also .....

BhasIn Industrial Corporation Vs. United India Insurance Co. Ltd. and ...

Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh

..... of july, 1988 but the present complaint was made on the 21st of july, 1989. 4. these facts weigh very heavily against the complainant. his bonafides in invoking the protection of the consumer protection act, 1986 in july, 1989 for a loss be sustained in 1984 are questionable. and i am, therefore, inclined to dismiss this complaint without even going into the question of whether ..... company and rs. 13,039.34 was assigned to m/s united india insurance company. 9. out of the two assessments made by the surveyors of the respondent companies, the consumer is entitled to get at least the benefit of the assessment which is on the lower side. hence, the assessment made by mr n. kumar is accepted. the claimant shall .....

General Manager, Telecom District, Trivandrum and ors. Vs. Consumer Di ...

Court : Kerala

Reported in : AIR2000Ker250

..... the complaint was frivolous and not maintainable and hence the forum should have dismissed the same as provided under section 26 of the consumer protection act, 1986, hereinafter referred to as 'the consumer protection act'. in the writ petition filed before this court several contentions were raised by the department and several decisions of the supreme court were ..... of fare stages have to be first raised before the rta and then by way of revision before the s.t.a.t.the consumer protection act, 1986 which clothes the consumer disputes redressal forum with powers to adjudicate upon certain types of disputes relating to consumption of goods and services lays down clear parameters for ..... to provide a machinery by which all creditors are equally satisfied, on the other. if some of the creditors move the authorities constituted under the consumer protection act, 1986, and receive their dues, the other creditors who do not move that authority may not get any amount due to them. the court held that .....

Asst. Director of Mines and Geology Vs. Tarakarama Labour Contract Co- ...

Court : Andhra Pradesh

Reported in : 1991(1)ALT258

..... for the establishment of consumer councils and other authorities for the settlement of consumers disputes and for matters connected therewith ..... lands is covered by the mines and minerals act and the rules made thereunder i.e. the a.p. minor mineral concession rules and that the consumer protection act is not at all applicable to the gram of such leases.4. the consumer protection act of 1986, as its preamble reads, is an act to provide for better protection of the interests of consumers and for that purpose to make provision .....

T.Xavier Vs. the State of Tamil Nadu

Court : Chennai

..... 687, s. chandramohan nair v. george joseph and others :15. we have heard the learned counsel for the parties. section 16(1) of the consumer protection act, 1986 (for short the act) lays down that each state commission shall consist of a president and at least two members, one of whom shall be a woman. the qualifications of ..... forum vide notification no.1/2011 dated 07.01.2011 by way of direct recruitment as provided under section 10(1a) of the consumer protection act, 1986, in short, the act. only retired judges were notified as eligible candidates and they must not have completed 65 years of age as on 01.02.2011. ..... for the petitioner would contend that inasmuch as the selection committee constituted under section 10(1a) of the consumer protection act, 1986, having unanimously selected and recommended the petitioner for appointment, the state government is bound to act upon the same and give appointment to the petitioner. it is his further contention that inasmuch as the selection .....

M.S. Chawla and ors. Vs. State of Punjab and anr.

Court : Supreme Court of India

Reported in : AIR2001SC1706; III(2001)CPJ13(SC); 2001(3)SCALE435; (2001)5SCC358; [2001]3SCR81; 2001(3)SLJ45(SC); 2001(2)LC944(SC)

..... contentions in assailing the impugned judgment of the high court:(1) the salary of the president of the district consumer forum having been fixed under section 10(3) of the consumer protection act, 1986 (hereinafter referred to as 'the act') read with rule 3 (1) of the consumer protection rules, 1987 (hereinafter referred to as 'the rules') and there being no provision for deduction of the pension, which ..... the rules. the 'district forum' is defined in section 2(h) to mean a consumer disputes redressal forum established under clause (a) of section 9 of the consumer protection act, 1986. section 9(a) makes it obligatory for the state government to establish a consumer disputes redressal forum to be known as the 'district forum' in each district of the state by a notification. section 10 .....

Indian Oil Corporation Vs. Consumer Protection Council, Kerala and anr ...

Court : Supreme Court of India

Reported in : [1994]79CompCas577(SC); (1994)1CompLJ338(SC); JT1993(6)SC645; 1994(I)OLR(SC)210; 1993(4)SCALE620; (1994)1SCC397; [1993]Supp3SCR884; 1994(1)LC115(SC)

..... june, 1992 the appellant's plea that there was no privity of contract between the ist respondent and the appellant as per clause 2(g) of the consumer protection act, 1986 and further the complainant was having unauthorised or illegal gas connection and that could not be regularised, was not accepted. accordingly the appeal was dismissed.10. the ..... the contentions on behalf of the appellant are as under:12. it is not open to the complainant to seek remedy under clause 2(g) of the consumer protection act, 1986 as there is no privity of contract between the complainant and the appellant corporation.13. a person becomes an l.p.g. customer of the corporation only ..... revived is of no consequence if due regard is to be had to clause 17 of the agreement which has been extracted above. section 2(g) of the consumer protection act states as follows:(g) 'deficiency' means any fault, imperfection shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained .....