Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Negotiable Instruments Act, 1881, Section 14,48, Uniform Customs and Practice for Documentary Credits, 1993, Article 2,10,13,14 -- Letter of credit - Dishonoured of by HSBC which issued the LC - Complainant not proceeding against the HSBC Bank - Complainant not taking any action against the consignee which had..........
Consumer Protection Act, 1986, Section 2(1),(g), Electricity Act, 1910, Section 21 -- Electricity connection - New connection by installing a new meter in the tenanted portion to run a restaurant - Held that it is technically and legally feasible for CESC to give new connection. (Pars 1,13 and 15)..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- India Motor Tariff Regulation, GR, 10 - Motor Vehicles Act, 1988, Section 157 - Punitive costs - Insurance claim - Repudiation - Ground that policy was not transferred in favour of the new purchaser - Regulation suppressed by the respondent Insurance Company with regard to the transfer of the vehicle and the..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Post Office Act, 1898, Section 6,48 -- Postal service - Money Order - Delay of almost three months in delivering the amount of the money orders to the addressees - In the face of above stated evidence no other evidence was required to be established with regard to the wilful default of the officers/official of the..........
Consumer Protection Act, 1986, Section 2(1),(g),3, Post Office Act, 1898, Section 48 -- Additional remedy - Complaint maintainability - Money order - Delay in delivering the amount - The basis for determining the liability for deficiency incurred under the provisions of the Act, 1986 are entirely on a different footing than the liability to the extent laid down in Section..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Banking service - Consumer - Commercial purpose - Cheques - Stop payment - Plea that the original order of the machine placed by the respondent-Doctor for his commercial purpose so he could not be treated as a consumer - Held that the dispute which was before the Forum and the Commission not of the purchase of original..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 29, 106 -- Trade mark - Passing off - Temporary injunction - Mere delay in bringing the matter to Court is not a ground to defeat the case of the plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 29, 106 -- Trade mark - Passing off - Temporary injunction - Before the use of a particular mark can be appropriated it is for the plaintiff to prove that the product that he is representing had earned a reputation in the market and that this reputation had been sought to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 29, 106 -- Trade mark - Passing off - Temporary injunction - Similarity - Principle of similarity not to be very rigidly applied - If it could be prima facie shown that there was a dishonest intention on the part of the defendant in passing off goods, an injunction should..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 29, 106 -- Trade mark - Passing off - Temporary injunction - In the case of a passing off action the similarities rather than the dissimilarities have to be taken note of by the Court and the principle of phonetic 'similarity' cannot be ignored and the test is as to whether a..........
