Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Electricity connection - For running stone crusher - Commercial activity - Disconnection of supply for non - payment of electricity bill - Complaint before District Forum - Plea of the petitioner that he had taken the electricity connection for running the stone crusher for the purpose of earning his livelihood..........
Negotiable Instruments Act, 1881, Section 147, 138 -- Dishonour of cheque - Compounding of offence can be even at the appellate stage - Compounding of offence at a late stage is a strain on the judicial system - Free and easy compounding of offences at any stage gives an incentive to the drawer of the cheque to delay settling the cases for years - Guidelines for 'Graded..........
Constitution of India, 1950, Article 14 -- Promotion policy - Punjab National Bank - Challenge to validity of clause 9(e) which provides for consequence of refusal of the promotion when it was offered - Held that a rule providing for a bar for a fresh consideration for particular length of time cannot be said to be unreasonable...........
Consumer Protection Act, 1986, Section 2(1) -- National Saving Certificate - Issued in favour of HUF in contravention of Rule 4 of the Rules - Savings bank interest already been paid to the complainant - Orders of the Fora below allowing the complaint of respondent liable to be set aside...........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d), Carriage by Air Act, 1972, Section 4, Rule 5 , 6 , 10 , 11, Contract Act, 1872, Section 186 , 187 , 188 , 237 -- Air carriage - Deficiency in service - Dismissal of complaint on the ground that complainant - appellant has no privity of contract with respondent no. 1 air carrier - For and on behalf of respondent..........
Insurance claim -- Malicious damage - Repudiation - After 41 months - Surveyor's report - The investigator appointed by OP to investigate the admissibility of claim - The detailed report of the Investigator not only found that the incident took place as alleged but also explained who, prime facie were likely responsible for the sabotage and what their likely motives were -..........
Consumer Protection Act, 1986, Section 2(1)(g), 3, 21(b) -- Maharashtra Protection of Interests of Depositors Act, 1999, Sections 3 and 4 - Alternative remedy - Additional remedy - Deposit - Refund - Findings of fact - Revisional jurisdiction - Contention that parallel criminal proceedings having been initiated against petitioner under 1999 Act proceedings under CP Act not..........
Criminal Procedure Code, 1973, Section 439, Foreigners Order, 1948, Section 3 -- Foreigners Act, 1946 - Foreign national - Found without any valid passport and visa - Magistrate granted bail - Order of bail set aside - Held, no foreigner has any right, as such to enter or remain in India as he/she likes and his entry into and stay in this country are regulated by the..........
Consumer Protection Act, 1986, Section 21 -- Jurisdiction - Pecuniary jurisdiction - Medical negligence - Exaggerated claim - Substantive loss which consists of pecuniary damages is to the tune of Rs. 2,19,000 only - Non pecuniary loss claimed at Rs. 15,00,000 - Exemplary damages claimed at Rs. 2 crores - Prime facie held to be highly exaggerated claim in so far as the..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Financial services - Loan - For manufacturing unit - Non release of sanctioned loan - Deficiency in service - Compensation - The loss claimed to be suffered by the respondent for the reason of not being able to start the unit - It cannot be the basis for awarding the compensation specifically when the respondent..........
