Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(g), 14(1)(d), 21(b) -- Housing - Plot allotment - Re-allotment of plot - Deficiency in service - The fact that respondent purchased the plot from original allottee not for her own use/meant for her residence - The fact that she entered into a sale agreement soon after this re-allotment with a third party proves that she..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Housing - Plot - Re-allotment of plot - Respondent/complainant at the time of purchase of plot, knowing fully well that an electric wire was passing overhead, had purchase the same and thereafter made complaint, seeking relief, which has been erroneously allowed by the Fora below - The question of any relief under..........
Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1996, Section 2(t), Medical Council of India Act, 1956, Section 33 -..........
Right to Information Act, 2005, Section 2(h) -- Public authority - Any authority or body or institution of self Government established or constituted under the Constitution, by any other law made by Parliament or the State Legislature or by notification issued or order made by the appropriate government and includes any body owned, controlled or substantially financed and..........
Right to Information Act, 2005, Section 2(h) -- Public authority - Exemption of entertainment tax - Saving of tax is an incidence of financial aid by the Government - It cannot possibly be said that the petitioner-Institutions are not established or constituted or bodies not owned, substantially financed and controlled by the State government within the meaning of RTI Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining forcible dispossession and restraining alienation to anybody else - Agreement to sell registered - Court at this stage cannot proceed with the assumption that agreement to sell is a result of fraud - Order of ad interim injunction granted by trial Court..........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Several cause of action in one suit - Permissibility - Held, plaintiff may unite in the same suit several cause of action against defendant or same defendants jointly...........
Consumer Protection Act, 1986, Section 2(1)(f), 13(1)(c) -- Cement - Substandard cement - Local Commissioner Report - The complainant has failed to get the sample of cement tested in accordance with the procedure as laid down u/S.13(1)(c) of the CP Act - No inference can be drawn from the report of Local Commissioner who has reported about the strength of plaster and not..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Banking service - Fixed deposit - FCNR(B) account - Commercial purpose - Held that where an individual simply makes a deposit of certain amount in a bank in some term deposit scheme, by doing so, he cannot be said to have indulged in a commercial activity - Any investment in such a scheme would certainly earn..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - If grant of ad interim injunction would amount to grant of all reliefs prayed for and amounts to a sort of pre-trial decree without an opportunity to the opponent, it cannot be granted...........
