Civil Procedure Code, 1908, Order 33, Rule 3, 4 -- Permission to sue as indigent person - Application to presented in person by applicant or leave of Court be taken if to be presented by authroised agent or power of attorney holder - Where leave of Court to present application through power of attorney holder is not obtained, Court examining power of attorney holder..........
Transfer of Property Act, 1882, Section 105, Contract Act, 1872, Section 182, 183, 184, 185, 186, 187 -- Agent can induct a person as a licensee for which no registered power of attorney is required as creation of licence does not amount to any transfer of right in the property and the same is not required to be carried out by virtue of a registered power of attorney...........
Contract Act, 1872, Section 186 -- Agent - Authority - Can be express or implied - Authority is said to be express when it is given by words spoken or written and it is implied when it is to be inferred from the circumstances of the case - Law does not require ordinarily a contract of agency to be created in writing...........
Carrier service -- Deficiency in service - Necessary party - Absence of any proof of delivery of the consignment in terms of conditions of the agreement contained in cargo receipt for shipment by the OP - Neither the question of agent nor the question of impleadment of any other party like shippingline etc. would arise...........
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..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Airlines - Issuance of tickets from Chennai by travel agent to complainant for journey from Calcutta to Kathmandu - Flight cancelled - If any dispute arises then territorial jurisdiction would be at Calcutta - Mere issuance of tickets from Chennai by travel agent at Chennai cannot bring it within..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Carrier - Complainant a carrier himself accepted the delivery of goods for being carried and billed the consignor for the freight charges - Appellant OP merely acted as an agent of respondent-complainant in arranging truck for the said transportation - There was no privity of contract between him and the..........
Consumer Protection Act, 1986, Section 11(2) -- Refund - Territorial jurisdiction - Newspaper advertisement - Appeared in newspaper published from Chandigarh - Seeking application for admission in Academy situated in Pondichery - It does not give cause of action to file complaint within territorial jurisdiction of Chandigarh - Respondent Company has no agent at Chandigarh..........
Insurance claim -- Salary Saving Scheme - Liability of principal - Negligence of agent - If for any negligent act of an agent loss is caused to third-party, the principal is liable - Negligence on the part of FCI in depositing the premiums against the insured's policy - FCI would not be liable under the Act being only an agent of its principal viz, LIC, particularly as it..........
Rent and Eviction -- Co-owners - One of the co-owners can file a suit for eviction of a tenant - He does so on his own behalf in his own right and as an agent of other co-owners - Consent of other co-owners is assumed as taken unless it is shown that the other co-owners were not agreeable to eject the tenant and the suit was filed in spite of their disagreement...........
