Consumer Protection Act, 1986, Section 2(1),(g), Carriers Act, 1865, Section 8,9 -- Carrier's liability - Loss/Non-delivery of the consignment containing computer hardware valuing at Rs. 36 lakhs by the Common Carriers/O.P. - Contention of the O.P. that as per the terms of the consignment note they have limited liability repelled - The condition limiting the liability of..........
Carrier -- Service - Deficiency in service - Findings by the District Forum as affirmed by the State Commission that goods had been delivered to the consignee without the consignee getting the documents released from the bank and making the payment - Plea of the petitioner that since goods were not taken delivery of for a long period goods were auctioned - No notice was..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Conviction with the help of Ss.34 & 149 - There were 50 persons - No common intention established - No charge u/s 149 - Common intention is different than common object - Total absence of evidence both in respect of S.34 as well as S.149 IPC - Not possible to confirm their conviction...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Members of an unlawful assembly are vicariously liable where it is proved that the offence is committed in pursuance of the common object of the unlawful assembly which the members of the unlawful assembly knew that such offence was likely to be committed in prosecution of the object of the unlawful assembly...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - If it had common object it is not necessary that all persons forming the unlawful assembly must be shown to have committed some overt act for the purposes of incurring the vicarious liability for the offence committed by a member of such unlawful assembly...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Liability of other members - Rests upon the fact whether other members knew before hand that the offence actually committed was likely to be committed in prosecution of the common object...........
Indian Penal Code, 1860, Section 149 -- Common object - Has to be distinguished from the common intention - There is no question of common intention in S.149 of the Code - When no injury is inflicted pursuant to the common object to kill the deceased, but caused only when provoked by one of the witnesses, the members of the unlawful assembly cannot be held guilty for the..........
Medical negligence -- Non-compliance of existing common practice - Court has to be careful and cannot return a finding of negligence on the ground that medical men did not comply with the existing common practice as that would stifle the innovation...........
Will -- Cancellation of earlier Will - Even if there is no earlier will this clause is a common practice so that no previous documents, if any, could be relied upon contrary to the Will being executed - Insertion of such a clause in the Will is not a suspicious circumstance...........
Telephone bill -- Excessive bills - Deficiency in service - Complainant, a retired person aged 76, was served with the bills amounting to Rs.12,677/-, Rs.20,631/- and Rs.37,229/- respectively for three bill cycles during the period 1.12.1988 to 31.5.1989 - Before December, 1988 the bills hardly ever exceeded the free call quota - Contention of the Petitioner/O.P. that..........
