Carriage by Air Act, 1972 -- Air lines - Baggage missing - Transpacific flight - Maximum weight of 32 Kgs. for each piece of checked baggage was allowed - Liability limited to US $ 20 per kg. as stated in the passenger ticket offered by the Opposite party of US $ 640 declined by the complainant - Provisions of the Carriage by Air Act, 1972 also supporting this calculation..........
Banking Service -- FDR - Alleged non payment of FDR amount taken in 1957 - As FDR lost bank requiring the complainant to collect the amount on its executing the indemnity bond - Held that there is no deficiency in service by the bank as it has been ready and willing to pay the amount of the FDR with interest as applicable on his completing the formalities...........
Consumer Protection Act, 1986, Section 2(1),(g) -- Medical negligence - Treatment and surgery for problem in passing urine - Due to giving of injection in his backbone before operation the complainant's hand, feet allegedly lost their mobility and tongue was also affected and he had to take urine bag - Thereafter the complainant suffered from meningitis - There is an..........
Post Office Act, 1898, Section 6 -- Postal Service - The employee of the postal department fraudulently and wilfully removing the postal article and taking away the demand draft and utilising for his own benefit - It cannot be said that the postal article was lost in the course of transmission - The loss contemplated u/s 6 of the Act is loss to the Government and not loss..........
Consumer Protection Act, 1986, Section 2(1),(c),12 -- Complaint - Locus standi - Employer a limited company sending consignment of sample medicine to complainant employee a medical representative through respondent company which was lost - Complaint filed by complainant employee alleging deficiency in service - The employee held to have no locus standi to file complaint..........
Drugs and Cosmetics Act, 1940, Section 25(3) -- Drug - Sample found to be sub-standard by Govt. Analyst - Second sample not sent to Central Drugs Laboratory for test inspite of request to this effect by accused - Complaint filed when shelf life of drug had expired - Complaint quashed - Held, if the accused is summoned when shelf life of drug had already expired, then the..........
Negotiable Instruments Act, 1881, Section 138 -- Second cheque issued as first cheque alleged to be lost - Second cheque got encashed - Thereafter first cheque presented which was returned with endorsement `Payment stopped' - Prosecution launched on basis of first cheque quashed - Facts show that complainant filed the complaint with mala fide intention to harass the..........
Drugs and Cosmetics Act, 1940, Section 25(4) -- Adulterated drug - Sample reached Central Drugs Laboratory after expiry date of sample - Valuable right vested in accused u/s 25(4) lost - Continuation of the proceedings in the circumstances against the petitioners would amount to abuse of process of law and as such the proceedings quashed...........
Transfer of Property Act, 1882, Section 58(1) -- Equitable mortgage - By deposit of certified copies - When original documents are not forthcoming or lost, equitable mortgage can be created by depositing certified copy of document...........
Banking Service -- Lottery ticket - Prize winning ticket deposited by respondent with appellant Bank for collection from Director State Lottery and to credit in his Savings Bank Account - Appellant Bank realizes collection charges for realising the sum - Said lottery ticket lost in transit - Findings of the District Forum holding appellant/Bank deficient in service and..........
