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..........
Marriage -- Proof - Long cohabitation and birth of many children is good enough to conclude that relationship between the two was that of a husband and wife - Even if some earlier marriage to some other person is proved, that will be presumed to have lost that status. (Evidence Act, 1872, Ss.50, 114)...........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Sentence - Reduction - Accused 64 years of age, retired from service, spent 10 days in jail, lost all retiral benefits and is in frail health suffering from heart problem requiring constant medication attention - Sentence reduced to already undergone...........
Medical negligence -- Petitioner and his wife, both holding a qualification in practicing in medicines known as GCIM but not having specialization in surgical procedures - The petitioners resorted surgical procedures and as a consequence thereof, the life of the deceased was lost - Held that even if they could take up such a matter in extreme urgency but they should not..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Medical negligence - Compensation - Operation of eyes of the respondent complainant in January and June 1992 by appellant - Consultation with some other doctor when vision not improved and complainant came to know about negligence of the appellant - Medical record of the complainant not produced by the appellant..........
