Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Air tickets - Not confirmed - Complainant could not travel by the same flight in which his newly wedded wife travelled - District Forum allowed compensation of Rs.20,000/- - Held that the requirement of showing the visa not fulfilled by the complainant - This goes to show that there was no deficiency on the part..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement of sale - Earlier suit for injunction restraining defendant from transferring, alienating or disposing of suit land in any manner in favour of any one else other than plaintiff - Right had already accrued to plaintiff to sue for specific performance of contract on account of breach committed by defendant in not..........
Specific Relief Act, 1963, Section 20 -- Principles contained in clauses (a), (b) and (c) of sub-section (2) of Section 20 not exhaustive - Court's discretion to decline grant of specific performance not confined to them - Special cases when good and reasonable ground for not exercising this discretion - Court will not hesitate to exercise that discretion against the..........
Consumer Protection Act, 1986, Section 2, 14 -- Air Conditioner - Unsatisfactory performance - Handed over to the appellant for repair after 11 months - Compressed replaced free of charge - Complainant unwilling to collect the air-conditioner - District Forum ordered payment of entire price of Air-conditioner together with interest @ 18% and a sum of Rs.2000/- on account..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Cinema Hall - Allegation of defects in seats and non-functioning of air-conditioner during show - District Forum allowed Rs.300/- as compensation - Held that no specific defect in any seats occupied by the complainant and his wife brought on record - It is a case where seat was available, the film was going on - Mere..........
Consumer Protection Act, 1986, Section 2(1)(o), 19 -- Airlines & Service - Worldpass Scheme floated by Pan Am Airlines for travelers if they accumulate 70,000 mileage by traveling by that airlines they will be given Air Travel Award - Complainant a member of the scheme give award - Obligation under the contract not discharged - Plea of the Appellant/opposite party that the..........
Consumer Protection Act, 1986, Section 2(1)(o), 2(1)(r) -- Airlines - Deficiency in service - Unfair trade practice - Worldpass Scheme floated by Pan Am Airlines for travelers if they accumulate 70,000 mileage by traveling by that airlines they will be given Air Travel Award - Complainant a member of the scheme given award - Obligation under the contract not discharged -..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 58 -- Cause of action - When for the first time the right of the plaintiff is threatened by the defendant, it is then that the right of sue accrues and the limitation starts running - AIR 1960 SC 335 followed wherein held that whether a particular threat gives rise to a compulsive cause of action..........
Co-sharers -- Inter se rights and liabilities - AIR 1961 Punjab 528 followed therein held:(1) A co - owner has an interest in the whole property and also in every parcel of it (2) Possession of joint property by one co - owner is in the eye of law, possession of all even if all but one are actually out of possession.(3) A mere occupation of a larger portion or even of an..........
Stamp Act, 1899, Section 47A -- Sale deed - Registration charges - Estimated market value - Value has to be determined by the authority under the Act on the basis of evidence brought by the persons concerned - This authority cannot be curtailed by issuing instructions fixing minimum market price for the purpose of stamp duty - Estimated market value determined on the basis..........
