RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION, JAIPUR
Year of decision: 2008
Details
Consumer Protection Act, 1986, Section 11-- Territorial jurisdiction - Cause of action - Medical negligence - Held that cause of action in consumer transactions arises generally at the place where the goods are bought or services are hired, or where the goods are delivered or supplied or services are rendered and the jurisdiction is..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 21-- Jurisdiction - Distinction as regards subject matter of suit and territorial and pecuniary jurisdiction - Judgment in the former case would be a nullity whereas in the latter it would not be...........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2008
Details
Consumer Protection Act, 1986, Section 11(2)-- Territorial jurisdiction - Offer of the petitioner supplying the machine was accepted by the complainant at Baroda, by sending demand draft - The petitioner had supplied the machine at Baroda and the petitioner had given delivery at Baroda - The cause of action arose within the territorial..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Arbitration and Conciliation Act, 1996, Section 11(6)-- Arbitrator - Appointment - By Court - Exercise of power u/s 11(6) of the Act is a judicial power - Preliminary matters to be considered by Court are : (1) existence of arbitration agreement, (2) territorial jurisdiction, (3) whether there are live issues to be referred to the arbitrator, and (4)..........
THE CONSUMER DISPUTES REDRESSAL COMMISSION, UNION TERRITORY, CHANDIGARH
Year of decision: 2008
Details
Consumer Protection Act, 1986, Section 17(2)(A)(a)-- Territorial jurisdiction - Insurance claim - The OPs have a regional office in Chandigarh - Chandigarh State Commission has the territorial jurisdiction to entertain the complaint...........
ORISSA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CUTTACK
Year of decision: 2008
Details
Consumer Protection Act, 1986, Section 11(2)-- Territorial jurisdiction - Airlines - Missing baggage - Complainant purchased the air tickets for their journey from Kolkata to USA from Bhuneshwar - The delay in reaching baggage is at New York - Appellant airlines has no branch office or ticket counter nor any of the OPs resides in the State of..........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2008
Details
Consumer Protection Act, 1986, Section 11(2)-- Territorial jurisdiction - The machine was sent by the petitioner to the respondent at place 'S' - The name of the consignor is shown to be the petitioner and that of the consignee is the husband of the respondent - The machine received by the respondent at place 'S' - The District Forum at place..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Court has jurisdiction at any one of the local areas within the territorial limits of which any one of the five acts is done viz. (1) Drawing of the cheque; (2) Presentation of the cheque to the bank; (3) Returning the cheque unpaid by the drawee bank; (4)..........
DELHI HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 20-- Territorial jurisdiction - Suit for price of goods sold - Suit is maintainable at a place where price thereof is to be paid...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Lack of territorial jurisdiction - Jurisdiction of Court to entertain and try suit arises where cause of action wholly or in part arises - Part of cause of action arose within the jurisdiction of Court - Dismissal of application - Order upheld...........