Consumer Protection Act, 1986, Section 2(1)(g) -- Carriage by Air Act, 1972,II Schedule Rules 22(2)(a) - Compensation - Air carriage - 43 bales of cotton fabric - At the time of booking, the complainant had neither made special declaration of the value of consignment nor had they paid any supplementary amount - The liability of OP No. 1 will have to be determined based on..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Carriage by Air Act, 1972,II Schedule Rules 22(2)(a) - Marine insurance - Compensation - Air carriage - 43 bales of cotton fabric - Damage to the fabric - Necessary party - In the Marine Insurance Certificate Delhi is shown to be port of loading while Ajman as port of discharge - OP No.1 carrier allege that consignment in..........
Consumer Protection Act, 1986, Section 2(1) , 14(1)(d) -- Unfair trade practice - Air conditioner - Instead of supplying Amrtex air - conditioner as agreed for a sum of Rs. 32,500/ - an assembled air - conditioner supplied - Held that State Commission has rightly held the petitioner guilty of unfair trade practice as defined under Section 2(1)(r) of the CP Act - Direction..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 45 -- Insurance policy - Misrepresentation of fact - Repudiation - Deceased - insured had earlier three policies for more than 7 lacs - While taking another policy in March, 2002 in the proposal form in answer to question No. 9 which deals with all life insurance policies held by proposer he..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Declined by trial Court - Order based on objective consideration of material on record - Appellate Court not to interfere because different view is possible...........
Trade Marks Act, 1999, Section 135, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Trade mark - Appellant running business school with name prefix `Skyline' - Respondent establishing Institute of Engineering and Technology by prefixing the name `Skyline' - Appellant claimed to be prior user - Injunction refused - Word `Skyline' is a generic word..........
Right to Information Act, 2005, Section 8(1)(e), 2(h), 8(2), 22, Evidence Act, 1872, Section 126 -- Public prosecutor - Information sought from Public Prosecutor regarding opinion tendered by Public Prosecutor to Govt. and other correspondence and letters with reference to an FIR - Held, such information is a privileged communication and Public Prosecutor cannot disclose..........
U P Urban Building (Regulation of Letting, Rent and Eviction) Act, 1872, Section 2(2) -- Exemption of newly constructed building from Rent Act - Two shops converted into four shops after getting the map sanctioned - It would be considered new construction - Eviction of tenant sought on the ground of arrears of rent - Shop constructed in the year 1990 and assessed for the..........
Right to Information Act, 2005, Section 2(f), 6 -- Information - Meaning - A person can get any information which is already in existence and accessible to the public authority under law and is entitled to get copy of the opinions, advices, circulars, orders, etc., but he cannot ask for any information as to why such opinions, advices, circulars, orders, etc. have been..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Electricity Act, 2004, Section 54, Electricity (Supply) Act, 1948, Section 42, Telegraph Act, 1885, Section 10 -- Laying electric head lines - Temporary injunction to restrain defendants from laying the over head electric lines etc. - The licensee under the Electricity Act and the Telegraph Act does not acquire any land, it..........
