Consumer Protection Act, 1986, Section 2(1),(g) -- Air travel - Travel agent - Deficiency in service - When a person engages any travel agent to go abroad and entrusts all arrangements, it is for the travel agent to do so - If any transit visa is required at any Airport or in any other country, they have to make the necessary arrangements or inform the person approaching..........
Civil Procedure Code, 1908, Order 39, Rule 11(1) -- Bombay Amendment as introduced in Maharashtra by Notification dated 5-9-1983 - Injunction order - Wilful disobedience of by the party - Courses open to the Court - Parties defying orders of Court - Committing breach of undertaking given to Court - Consequential dismissal of suit of plaintiff or striking off defence of..........
Easement Act, 1882, Section 13 -- Easement of necessity - Right to light and air - Houses originally belonged to a family - Present parties purchased the houses - Right to receive air and light claimed falls under Section 13 of the Act as an easement of necessity and not under S.15 which deals with acquisition of easement by prescription - Suit dismissed by Courts below..........
Consumer Protection Act, 1986, Section 2(1),(r),14(1),(d) -- Tours and Travels - Unfair trade practice - Compensation - Issuance of fictitious air ticket - Complainant's daughter-in-law could not accompany her husband to Chicago - Unfair trade practice proved - Complainant awarded compensation of Rs.25,000/ ...........
Consumer Protection Act, 1986, Section 2(1),(g),14(i),(d), Carriage by Air Act, 1972, Article 17,18,19,24,of,Schedule,II -- Warsaw Convention - Airlines - Deficiency in service - Compensation - Appellant Complainant a passenger paid for business class facilities to respondent airlines but he was given a seat which was fixed and not a reclinable - He suffered great..........
Consumer Protection Act, 1986, Section 11(2) -- Warsaw Convention - Rule 29 - Territorial jurisdiction - Air lines - Deficiency in service - Damages - Respondent airlines has an establishment in India from where the ticket was purchased by he appellant - State Commission has the jurisdiction to entertain the complaint and the National Commission to hear the appeal...........
Letters Patent of Punjab and Haryana High Court -- Clause 10 - Clause 15 Bombay Letters Patent) - Order setting aside abatement of suit - Does not amount to `judgment' - Letters Patent Appeal not maintainable - View expressed by Full Bench in Nurul Hoda's case AIR 1972 Calcutta 449 and by Division Bench judgments in Smt. Chando Devi's case AIR 1961 Punjab 424 and Maria..........
Evidence Act, 1872, Section 101, 102, 103, 104, 111 -- Execution of document by old, illiterate, ailing person who is unable to comprehend nature of document or contents thereof - Must be established that there was not mere physical act of executant involved but also the mental act - Observations of Supreme Court in Mst. Kharbuja Kaur's case AIR 1963 S. C. 1203 applicable..........
Criminal Procedure Code, 1973, Section 133 -- Water (Prevention and Control of Pollution) Act, 1974 - Air (Prevention and Control of Pollution) Act, 1981 - Industry - Order u/s 133 Cr.P.C. for closure as industry was causing serious pollution by discharge of effluent - High Court quashed proceedings holding provisions of Pollution Control Act impliedly repealed provisions..........
Constitution of India, 1950, Article 25 -- Freedom under Article 25 subject to public order, morality and health and itself permits a legislation in the interest of social welfare and reform which are part and parcel of public order, national morality and collective health of nation's people - Protection under Articles 25 and 26 is with respect to religious practice which..........
