Consumer Protection Act, 1986, Section 2(1),(g), Carriers Act, 1865, Section 8,9 -- Carrier - Loss/Non-delivery of the consignment - Deficiency in service - Complainant alleging negligence on the part of the Opposite Party for loss/non-delivery of the his consignment entrusted to them containing computer hardware valuing at Rs. 36 lakhs - The Commission referring the..........
Consumer Protection Act, 1986, Section 2(1),(g), Carriers Act, 1865, Section 8,9 -- Carrier's liability - Loss/Non-delivery of the consignment containing computer hardware valuing at Rs. 36 lakhs by the Common Carriers/O.P. - Contention of the O.P. that as per the terms of the consignment note they have limited liability repelled - The condition limiting the liability of..........
Consumer Protection Act, 1986, Section 2(1),(g),18 -- HUDA Act, Sections 2(b) , 3 and 30(2) - Plot allotment - Cancellation of letter of intent by Estate Officer - On appeal filed before Administrator HUDA appeal allowed and letter of intent restored - On asking of Estate Officer, HUDA required amount deposited with interest but possession of plot not delivered - Order of..........
Consumer Protection Act, 1986, Section 2(1),(g) -- Post and Telegraph Manual, Paras 434 and 435 - Telephone bill - Exorbitant and excessive - No enquiry as per circular dated 9.4.1986 and as per provisions of para 434 and 435 held by appellant OP in the complaint submitted by the complainat to it regarding spurt in calls - Findings of the District Forum about deficiency in..........
Essential Commodities Act, 1955, Section 6A, 2(iia) -- Collector - Includes Sub Divisional Officer, if authorised by the Collector to perform the functions and exercise the power of Collector under the Act...........
Child Labour (Prohibition and Regulation) Act, 1986, Section 2(ii), 14(1) -- Child employment - 'Child' means a person who has not completed 14 years of age - Prosecution failed to prove age of child - Burden to prove negative fact cannot be shifted on accused - Conviction and sentence set aside...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Housing - Plea of the petitioner that after taking possession of the plot/house the allottee of a plot/house is not consumer repelled - Grant of relief by the Forum's below of interest @ 18% p.a. to the respondent/complainant for the period covering the due date of allowing of possession of the house, upto the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Passing off - An action for passing-off lies when the defendant company's name, or its intended, name, is calculated to deceive, and so to divert business from the plaintiff or to occasion a confusion between the two businesses - Where there is probability of confusion in business, an injunction will be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Principles for the grant of injunction are the same as in the case of any other action against injury complained of - Plaintiff must prove a prima facie case, availability of balance of convenience in his favour and his suffering an irreparable injury in the absence of grant of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Muktajivan Colour Lab and Studio run by plaintiff at least since 1995 - Defendant intending to start Colour Lab business by using word Muktajivan - Intention of the defendant to divert business or customers to himself is apparent - Defendant restrained from using directly or indirectly the word `Muktajivan' in..........
