Consumer Protection Act, 1986, Section 17, 18 -- Marine insurance - Claim on account of shortlanding of consignment under transshipment - Risks covered from port of Antwero to Bombay - Vessel diverted to Muscat and cargo discharged there - Consingee requested insurer to cover the risk accordingly - Insurer informed consignee that consignments were required to be re-shipped..........
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 -..........
Criminal Procedure Code, 1973, Section 73, 167, 309 -- Arrest during investigation - Produced before Magistrate - On such production, the Court may either release him on bail or authorise his detention in custody either police or judicial - Held, it is not correct to state that warrant of arrest could be issued by Court solely for production of accused before police -..........
Rent and Eviction -- Respondent purchased property - Notice through Advocate to appellant to pay arrears of rent - Cheque sent in the name of Advocate - Refused - Fresh cheque of entire amount of rent sent in the name of respondent/landlord - Respondent refused to accept it - Amount then tendered by money-order was also refused - Held, appellant cannot be said to be..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Deficiency in service - Supply of electricity - No deficiency in service in making supplementary demand for escaped billing - There may be negligence or collusion by subordinate staff in not properly recording the reading or allowing pilferage to the consumer - That would not be deficiency in service under the Consumer..........
Punjab Security of Land Tenures Act, 1953, Section 18, Bombay Tenancy and Agricultural Lands Act, 1948, Section 32G(3) -- Purchase application by tenant - Must be disposed of on merits - Purchase case remained pending for many years - Tenant gave statement that he will produce rent receipts - Rent receipts not produced despite several adjournments - Tenant absent on last..........
Civil Procedure Code, 1908, Section 24 -- Divorce petition - Transfer from Court at Bombay to State of Gujarat - Husband medical practitioner whose absence from Bom-bay will cause difficulty to patients - Old and ailing mother living with him - Witnesses in the case were principally from Bombay - petitioner had some near relatives in Bombay - Husband undertaking to bear..........
Consumer Protection Act, 1986, Section 12, 17 -- Insurance claim - Short delivery of consignment - Extension of claim - Complainant promptly informed insurance company requesting them to extend the cover of risk and about diversion of ship due to strike at Bombay Port - Incumbent on the insurance company to extend the cover of insurance as it was due to circumstances..........
Bombay Revenue Jurisdiction Act, Section 11, Civil Procedure Code, 1908, Section 9 -- S.11 does not prohibit any private parties inter se to avail remedy of a suit provided under the Code of Civil Procedure, 1908 - S.9 CPC does not prohibit jurisdiction of Civil Court to entertain suit based on title...........
Consumer Protection Act, 1986, Section 11 -- Jurisdiction - Cause of action - Booking of car - Amount deposited - Car not delivered for four months - Request to defend - Amount refunded - Payment made at Bombay and the car was also to be delivered at their showroom at Bombay - Cause of action did not arise at Akola, either simply because Complainant gave his address of..........
