Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Deficiency in service - Compensation - Quantum of compensation should be determined and awarded by applying well settled principles of law and on the basis of acceptable evidence made available - Principle of Section 73 of Indian Contract Act will be required to be applied while assessing the claims for damages..........
Consumer Protection Act, 1986, Section 2(1),(g) -- Carrier service - Deficiency in service - Container having 122 cartons - 121 cartons were to be handed over to Natural Selection International and one to `Pandika' - All 122 cartons got by Natural Selection International - The name of consignor and the buyer clearly mentioned on the Invoice and the Packing list - Bill of..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Indian Carriage of Goods by Sea Act, 1925, Section 5,of,the -- Carrier - Deficiency in service - Compensation - Non delivery of one carton containing miniature paintings by carrier - As per records the miniature paintings were in 18 packets - The carrier held deficient in rendering service and accountable to unpaid..........
Punjab Panchayati Raj Act, 1994, Section 208, 2(zj) -- Member of Panchayat Samiti if incurs any of the disqualifications mentioned in Section 208 - Action can be initiated against him - Disqualifications qua Members of Panchayat and not of Gram Panchayat - Members of Gram Panchayat, Panchayat Samiti and Zila Parishad - Covered by definition of Panchayat in Section 2(zj)...........
Consumer Protection Act, 1986, Section 2(1),(e), Motor Vehicles Act, 1988, Section 14(2),(a) -- Central Motor Vehicle Act, 1989, Rule 9 - Insurance claim - Repudiation - Ground that licence for driving licence heavy vehicle but did not have endorsement as required by proviso to Section 14(2) (a) of the M.V. Act for driving oil tanker carrying hazardous goods - The driver..........
Arbitration and Conciliation Act, 1996, Section 42, 2(e), 34 -- Award - Setting aside - Jurisdiction - Application to be filed in `Court' as defined in S.2(e) - High Court exercising extra-ordinary jurisdiction under Art.226 and Art.227 of Constitution does not come within purview of S.2(e)...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- sub - rule (2) - Issue of territorial jurisdiction of Court - Should be treated as a preliminary issue - Although question of territorial jurisdiction of Court always a mixed question of facts and law but the same should be treated as a preliminary issue - Even if some evidence required to be led in support of said issue by..........
Consumer Protection Act, 1986, Section 2(1),(f) -- Consumer - Society member - Deposit of amount for allotment of residential plot - No allotment of plot could be made - Held that merely becoming a member of society does not amount to hiring of services of OP by the petitioner and he cannot be considered to be fall within the definition of consumer. (Par 4)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for injunction - Suit withdrawn without permission of Court to file fresh suit on the same cause of action - Second suit filed without mentioning the fact of filing of earlier suit - Held, injunction is an equitable relief and the same cannot be granted to a person who does not come to Court with clean hands and who..........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - An equitable relief, cannot be granted to a person who does not come to Court with clean hands and who is guilty of suppression of facts...........
