Ajay Singh
Advocate
1. Deficiency in rendering medical services: Consumer
Protection Act
Medical treatment given to employees and his family members
in hospital run by employer are part and parcel of service conditions,
therefore employee would be consumer within the meaning of sec. 2(1)(o) of the
Act.
The ECG of the patient was not normal and it was found mild
Ischemia. Subsequently the patient died due to cardiac arrest. It was duty of
doctor to advise patient in writing to consult cardiologist as well as to
reduce smoking and drinking. Failure to advice the patient amounts to
deficiency in service. Doctor held liable to pay compensation of 5 lakhs.
Smt. Indrani Bhattacharjee vs. Chief Medical Officer & Ors.
AIR 2008 (NOC) 101 (NCC) = 2007(5) ALJ 735
2. Deficiency in service by Airlines: Consumer Protection Act
2(1)(g)
Loss caused to the consumer due to pilferage or theft from
baggage which was opened in presence of airline authorities and they were
found to be tampared. Evidence clearly showed that airlines staff had tampared
with the baggage.
It was held that airlines was guilty of deficiency in
services and liable to pay compensation
Indian Airlines Ltd. vs. Smt. Prakrithi Shetty AIR 2008(
NOC) 102 (NCC)
3. Bankers lien: Bank can recover outstanding amount
against firm from all or any of partners: Contract Act 171, Partnership Act, ss.
25, 13(b)
The respondent had opened a bank account with appellant
bank and was operated by him. The respondent was a partner of a firm
consisting six partners.
The appellant bank had filed a suit for recovery against
the firm. The appellant bank further created a lien against the individual
account of the respondent.
The Hon’ble Jammu and Kashmir High Court observed that as
per sections 25 and 13(b) of the Partnership Act, partner is always liable for
partnership debt unless there is an implied or express restriction to the
contrary. It was not the case of the respondent that there was such a
contract.
Section 171 of the Contract Act provides for a general
bankers lien. The banker can look to his general lien as a protection against
loss on loan. The deposits and securities are held to be species of goods over
which lien may be exercised.
Keeping in view the provisions of Partnership Act
particularly ss. 25 and 13(b), it was held that all partners are jointly and
severally bound to discharge the liability of a firm and bank could recover
the outstanding amount against the firm from any partner and it could not lie
in the mouth of a partner that he is not liable to discharge liabilities of
the firm but is liable only to the extent of his share and lien could not be
created against his securities.
J & K Bank Ltd vs. Abdul Samad Chaloo AIR 2008 (J & K) 1
4. Proceeding u/s. 138 of Negotiable Instruments Act is
additional criminal remedy over and above Civil remedies available
Wherever there is a default on the part of one in favour of
another and in the event a cheque is issued in discharge of any debt or other
liability, there cannot be any restriction or embargo in the matter of
application of the provisions of sec. 138 of the Negotiable Instruments Act.
Sec. 138 of the Negotiable Instruments Act is penal provision. The commission
of an offence under that section entails conviction and sentence on proof of
the guilt in a duly conducted criminal proceedings. Once the offence is
committed, the prosecution proceedings can be initiated not for recovery of
the amount covered by the cheque but for bringing the offender to the penal
liability. The scheme of provision indicate that it is primarily to provide an
additional criminal remedy over and above the civil remedies available under
the Act.
Sree Sakthi Paper Mills Ltd vs. M/s. Anjaneya Enterprises &
Ors AIR 2008 (NOC) 143(Ker)
5. Correction of mistake in entry on date of birth in
passport. Passport Act sec. 10
To correct a mistake in entry on date of birth in passport
the individual has to approach the competent authority who had issued
passport. The concerned competent authority has power to make necessary
amendments in the passport and there is no need for declaratory order from
civil court.
Siddhiqui Suriya Bano vs. Regional Passport Officer AIR
2008 (NOC) 263 (AP)
