Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
Decided on : Mar-10-2011
..... points are framed for determination, and they are: 1. whether the claim of the complainant is barred by limitation, as contemplated under sec.24a of the consumer protection act? 2. whether the 1st opposite party hospital is liable to pay any compensation, for the alleged medical negligence said to have been ..... , or the state commission, as the case may be, within two years from the date on which the cause of action has arisen, sub sec.2 contemplates relaxation in the sense, if the complainant had shown sufficient cause, for not filing the complaint, within such period, a complaint may be ..... by limitation, thereby, we are constrained to conclude, that the complaint is hit by sec.24a of consumer protection act, entitling its dismissal. 19. the learned counsel for the complainant, further urged that as per order in mp.39/99, the delay was condoned, and therefore the question of limitation does not arise for ..... opposite party, either for a sum of rs.15 lakhs, or for anyother amount, hence it is prayed, the complaint may be dismissed with exemplary cost. 13. on behalf of the parties, proof affidavits were filed, supported by 14 documents, on the side of the complainant, and 19 documents on ..... had exercised all reasonable care, skill and diligence. the complaint has been filed only to extract money, which is liable to be dismissed, with exemplary cost. 8. the 2nd opposite partys version, in brief as follows: te complaint is barred by limitation, even as per the own showing of the complainant .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-29-2011
..... receives separate federal funds, paid to it directly. 15042(a) and (b). a second federal law, the protection and advocacy for individuals with mental illness act (paimi act), 100 stat. 478, 42 u. s. c. 10801 et seq. , increases that separate funding and extends the mission of p&a; systems to ..... power of the commonwealth of virginia. petitioner claims the title of the commonwealth of virginia in its complaint, app. 10; respondents are state officials acting in an official capacity. whatever the decision in the litigation, one thing is clear: the commonwealth will win. and the commonwealth will lose. because ..... disclosure. vopa then brought this action in the united states district court for the eastern district of virginia, alleging that the dd and paimi acts entitled it to the peer-review records, notwithstanding any state-law privilege that might apply. it sought a declaration that respondents refusal to produce ..... . vopa then filed suit in federal district court, seeking a declaration that respondents refusal to produce the records violated the dd and paimi acts and an injunction requiring respondents to produce the records and refrain in the future from interfering with vopa s right of access. respondents moved ..... are statutorily authorized to sue on vopa s behalf. 51.5 39.2(a); 2.2 510(5) (lexis 2008). and virginia law specifically empowers vopa to initiate any proceedings to secure the rights of disabled individuals. 51.5 39.2(a). b in 2006, vopa opened an investigation into the .....
Tag this Judgment!Court : Delhi
Decided on : Nov-03-2011
..... or clarification will be decided at a later stage. the amendment is thus allowed as being a clarificatory one and the same does not attract the proviso of sections 58 and 59 of the patent act, 1970."7. it is this order which is not only sought to be placed on record in this case but amended claim no. 1 is sought to be ..... the order dated 10th september, 2009 it has been categorically mentioned that the amendment does not attract the provisions of sections 58 and 59 of the patents act; meaning thereby amendment in claim no. 1 was not allowed under the said provisions of patents act. accordingly, amendment can be read only in cs(os) no.593/2007 and not in other proceedings. amendment in claim ..... . 190380 of the plaintiff as also for rendition of accounts. in the said case, plaintiff also filed an application under sections 57 and 58 of the patents act read with section 151 cpc being ia no. 13519/2007 seeking amendment in the claim no. 1. by way of amendment, plaintiff sought to insert "a sensitizing material, typically tin, and" at the ..... by virtue of registration of trademark in different classes effective from dates much prior to filing of the suit. it is in this context, while deciding an application under order 39 rule 1 and 2 cpc, it was observed that court can take cognizance of a subsequent event without amendment of pleadings. in rameshwar lal (supra), landlord had filed an eviction .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-09-2011
..... level at which the ashram school was imparting education. obviously, all such schools cannot be said to be covered under the concept of private schools. 17. section 39 of the bombay primary education act reads as under: 39. (1) every primary school of her school other than a primary school maintained by the (state) government or by a zilla parishad or school board, or ..... views enunciated by the respective division benches in writ petition no. 2919 of 1991 and letters patent appeal no. 293 of 1999. (b) secondary or higher secondary ashram schools or blind schools are "private schools" within the meaning of section 2(20) of the m.e.p.s. act and any employee of such a school has a remedy of an appeal under ..... . 6. feeling aggrieved by the order of the learned single judge rejecting writ petition filed by the appellant, the appellant preferred letters patent appeal no.153 of 2010. the division bench of this court before whom the letters patent appeal of the appellant came for hearing found that it is unable to agree with the view taken by the division bench in ..... rita verghese's case(supra). the division bench found that the provisions of the bombay primary education act need to be considered. in paragraph 15 the division bench .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-15-2011
..... to a court which would have been the competent court at a point of time when the original court proposes to transfer the decree. the sub-section (4) of section 39 which has been incorporated by way of an amendment is couched in the negative form and thus, is mandatory which debars the court which passed the ..... . talukdar, therefore, prays for dismissing the appeal. therefore, the only question that arises for determination in this appeal is whether in view of insertion of sub-section (4) to section 39 of the code of civil procedure, this court has jurisdiction to appoint a receiver for the purpose of taking possession of the property for sale of the same ..... beyond the territorial limits of this court. the only question raised by the appellant in this appeal is that in view of section 39(4) of the code of civil procedure, the learned executing court acted without jurisdiction inasmuch as, this court has no jurisdiction to attach or sell an immoveable property situated beyond its territorial limit as ..... the other hand, opposed the aforesaid contention of mr. mitra and has contended that this court has jurisdiction under the rules framed by this court under the letters patent as well as the code of civil procedure to take step for attachment and sale of a property situated even beyond the territorial limits of this court. according ..... the take such plea before appropriate forum. 22. appeal is, thus, allowed. in the facts and circumstances, there will be, however, no order as to costs. .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-15-2011
..... a court which would have been the competent court at a point of time when the original court proposes to transfer the decree. 10. the sub-section (4) of section 39 which has been incorporated by way of an amendment is couched in the negative form and thus, is mandatory which debars the court which passed the decree ..... , therefore, prays for dismissing the appeal. 7. therefore, the only question that arises for determination in this appeal is whether in view of insertion of sub-section (4) to section 39 of the code of civil procedure, this court has jurisdiction to appoint a receiver for the purpose of taking possession of the property for sale of the same ..... the territorial limits of this court. 3. the only question raised by the appellant in this appeal is that in view of section 39(4) of the code of civil procedure, the learned executing court acted without jurisdiction inasmuch as, this court has no jurisdiction to attach or sell an immoveable property situated beyond its territorial limit as an ..... the other hand, opposed the aforesaid contention of mr. mitra and has contended that this court has jurisdiction under the rules framed by this court under the letters patent as well as the code of civil procedure to take step for attachment and sale of a property situated even beyond the territorial limits of this court. according to ..... the take such plea before appropriate forum. 25. appeal is, thus, allowed. 26. in the facts and circumstances, there will be, however, no order as to costs. .....
Tag this Judgment!Court : Chennai
Decided on : Feb-08-2011
..... plaintiff's trade secrets, confidential information, consumer data, international standard certifications, product code, catalogue numbers and other information. (iv) a.no.4676 of 2010 under class 14 of the letters patent, to combine different causes of action, such as infringement, passing off etc.(v) a.no.4677 of 2010 seeking the appointment of an advocate commissioner and take into possession, all ..... plaintiff's trademarks without due authorisation, both of which are offences under the trade marks act, 1999; the latter amounting to infringement of trademark under section 29. the defendants are making a gross misrepresentation to the trade and public in an attempt to capitalise unfairly, at the cost of the plaintiff's reputation and goodwill, in order to pass of their goods as ..... market, at the instance of the first or second defendant. they are intended for supply to the company cef, which itself has obtained registration of the mark mcg in uk.39. in view of all the above, i am of the view that the plaintiff has not made out a prima facie case. therefore, they are not entitled to an order ..... or containing the word "crompton" or "cg care tens" or "cgl" written in a stylised manner, in respect of goods under classes 7, 8, 9, 10, 11, 12, 35, 37, 39, 40 and 42; (ii) that the plaintiff is also the registered proprietor of the above trademarks as community trade mark (ctm) in the european union;(iii) that the plaintiff was .....
Tag this Judgment!Court : Gujarat
Decided on : May-10-2011
..... not being a sentence or order passed or made in the exercise of the power of superintendence under the provisions of section one hundred and seven of the government of india act, 1915, or in the exercise of criminal jurisdiction)." by letters patent dated december 9, 1927, published in the bombay government gazette dated february 2, 1928, part i, pages 196-7, clause ..... of judges of the said high court or of such division court shall be to us, our heirs or successors in our or their privy council, as hereinafter provided."in cl. 15 as substituted in 1927 the words "on or after the first day of february one thousand nine hundred and twenty-nine" did not find a place but were inserted ..... v. tirupuliswamy naidu, ilr (1955) mad 1033 (sc) : air 1955 mad 287, j. and k. cooperative bank v. shams-ud-din-bacha, air 1970 j. and k. 190 and ishwar singh v. ram piari, air 1978 him pra 39)."106. ..... in our opinion, where the facts justify a party in filing an application either under article 226 or 227 of the constitution ..... and the hindu minority and guardianship act, 1956.(4) appeals under section 144, civil procedure code, 1908.(5) appeals under the hindu marriage act and other matrimonial enactments.(6) appeals from appellate decrees.(7) appeals from orders under section 104 and order xliii, rule 1 of the civil procedure code, 1908.(8) appeals relating exclusively to costs or instalments.(9) appeals arising out of the land acquisition references, the .....
Tag this Judgment!Court : Chennai
Decided on : Dec-20-2011
..... of the letters patent reads thus: 12. original jurisdiction as to suits - and we do further ordain that the said high court of judicature at madras, in exercise of its ordinary original ..... situate outside the territorial jurisdiction of this court, this court is not competent to try the case. but it is contended that as per clause 12 of the letters patent of high court madras, if the causes of action have arisen within the jurisdiction of this court, then this court has got jurisdiction to try the matter. caluse 12 ..... this court and whether the suit is bad for mis-joinder of several cause of action as a preliminary issue is not maintainable in law and facts. after the act 104 of 1976 amendment, the court is bound to deal with all the issues arising in the suit and incidentally decide the issue regarding the jurisdiction as well as ..... is suit for land, such suit could not be filed before this court provided the suit property lies beyond the territorial jurisdiction of this court. 6. in 2001 (4) ctc 39 [adcon electronics pvt. ltd. v. daulate and anr] the honourable supreme court has held as follows: 13. in m/s.moolji jaitha and co. vs. the khandesh spinning ..... disposal along with other issues, since it is a question of fact and law. this point is answered accordingly. 17. in the result, the application is dismissed without costs. .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-25-2011
..... .02.2008 permitting bsnl to submit written submissions before the 3rd respondent. subsequently, the 3rd respondent issued a notice under section 12-a of the kst act/section 39 of the kvat act dated 03.02.2009 and 04.05.2009 and directed the bsnl to furnish information with regard to the services provided ..... the source-indeed. this is the reason why modern networks use optical communication. it makes the transfer of information using light, fast, reliable and secure. 63. the carrier light may carry the information from the customer in one of two ways (i) it may exist as a stream of ..... render service. therefore the finding recorded by the assessing authority that the subscriber or the recipient consumes this light energy in the process of transmission is patently erroneous. delivery: yet another characteristic, which is recognised, is that the goods should be capable of being delivered. in the case of electricity, ..... of indian economy and also it will achieve the purpose of certainty on tax which is a crucial factor in a developing economy like ours. costs 147. the way, the state and its authorities have ignored, disobeyed, by-passed a binding judgment of the supreme court and if permitted and ..... to take appropriate action against the state and its officials in order to prevent reoccurrence of such mis-adventures. however, the state has to pay costs to these petitioners for all the turmoil they have undergone. the state shall pay rs.1,00,000/- to each of the petitioners/appellants. .....
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