Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer complaint - Medical negligence - Karta of Joint Hindu Family is not entitled to file complaint on account of deficiency in service by medical practitioner regarding treatment given to his Pregnant sister-in-law - Complaint dismissed...........
Specific Relief Act, 1963, Section 34, Proviso -- Suit for declaration without seeking relief of possession - Maintainability - Parties succeeded to property jointly after death of deceased - They are co-sharers - Every co-sharer is deemed to be in possession of every part of joint property - Plaintiff can pray for delivery of actual physical possession in a partition..........
Hindu Marriage Act, 1955, Section 27 -- Claim of money of Rs.50 lakh by wife - Husband insisted for Rs.50 lakhs to purchase property from PW10 and on account of repeated pressure exercised by husband with wife, father of wife availed loan of Rs.50 lakhs and transferred the same to PW10, who admitted the receipt of same towards sale consideration - Evidence tendered by..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - On the date of marriage husband was of marriageable age whereas wife was 17 years 06 months and 08 days - A petition for nullity u/s 13(2)(iv) of the Act could be filed if wife had got married at the age of 15 years and she could file petition for dissolution of marriage before she attained the age of 18..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendant from putting decree for possession in execution till disposal of main suit - Plaint filed by plaintiff does not reveal as to on what basis plaintiff is seeking a better title to suit property - Plaintiff himself stated that suit property is still joint between parties..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of Minor's property by mother - Permissibility - Mother intended to dispose of minor's property and purchase a flat in joint names of herself, her daughter and minor son - By purchase of flat she can avoid payment of rent every month to a third party and she can comfortably educate her children and save certain..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Co-sharers - Restraining defendants from raising construction on joint land till the same was partitioned - Construction raised by other co-sharers was never objected to by plaintiff - Plaintiffs have not been able to demonstrate that either prima facie case or balance of convenience is in their favour..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22, 61, 85 -- Recovery of 12 lakh tablets of Tramadol - Recovery though acknowledge by Joint Commissioner Food and Drugs Administration, however, nothing stated where recovered stock has gone and even no batch number etc is given - This is a serious lapse and inaction on the part of Punjab Police as well as..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction and possession by way of partition - Concurrent findings of two Courts below that revenue record produced by plaintiff on record demonstrated that suit land was joint and same had not been partitioned - Even, DW1 had admitted in her cross-examination that suit land was not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration of joint ownership - Plea regarding compulsory registration of property, being plea of defence cannot be looked into while deciding application U.O.7.R.11 CPC...........
