Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Police help to enforce the order - Both the parties claiming their possession - Both the parties filed suits and in both the suits ad interim injunction restraining interference in possession granted - Appeal against ad interim injunction order pending in both the suits - Factum of possession still..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Civil Procedure Code, 1908, Section 34 -- Compensation - Interest - No revision preferred by the appellant against the order of State Commission whereby the amount of Rs. 2,72,517/ - was awarded to him - Hence appellant cannot be awarded enhanced compensation beyond what has been pegged down by the State Commission..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Injunction - Conditional grant of - It is possible that ultimate claim of plaintiff may fail - Plaintiff's unfettered right to deal with the space available at new building other than fourth floor cannot be conclusively accepted at this stage - Held, injunction granted in favour of plaintiff with condition to..........
Criminal Procedure Code, 1973, Section 2(d),155(2), Indian Penal Code, 1860, Section 323,504,506 -- Offence u/ss 323, 504, 506 - Police after investigation submitted report disclosing commission of non cognizable offence - Investigating Officer shall be deemed to be complainant - Charge sheet to be treated as a complaint and procedure of complaint case to be followed -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- Construction of Harijan Chaupal - Panchayat passed resolution permitting construction of Harijan Chaupal in village - Challenge against resolution by way of writ petition on twin grounds that there is other Chaupal already existing in village and pond is existing on disputed site - Allegation of existence..........
Industrial Disputes Act, 1947, Section 25(N), Factories Act, 1948, Section 2(m) -- Respondent-workman claimed reference under Industrial Disputes Act alleging that his termination/retrenchment of service by petitioner-establishment was not valid and justified - Respondent did not utter a word regarding petitioners being an industrial establishment or factory engaged in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - On the ground that material used in building work and machinery etc. is taken away by defendant/Executive engineer - Evidence on record establish that plaintiff violated terms of contract - Even, plaintiff abandoned work without any rhyme or reason causing huge loss to State - Moreover, plaintiff..........
Contempt of Courts Act, 1971, Section 2(c) -- An Advocate forging an order of High Court purporting to have been passed by Judge - Held, accused is guilty of contempt of Court and sentenced to 6 months SI...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Omission to sue for all reliefs - Sale agreement - Simple suit for injunction to restrain defendant from dealing with property subject matter of sale agreement - Plaintiff omitted to claim relief of specific performance, though same was available to him - Held, subsequently plaintiff will not be entitled to sue for relief of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit as framed and filed does not have all the necessary parties - Held, no interim relief can be granted in favour of the plaintiffs in such a suit...........
