Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of suit - Suit for injunction filed though plaintiff entitled to file suit for specific performance - Thereafter suit for specific performance filed - Held, second suit is barred U.O.2.R.2 CPC...........
Prevention of Food Adulteration Act, 1954, Section 17, 2(1)(a)(h) -- Prevention of Food Adulteration Rules, 1955, Rule 65(2) - Vicarious liability - Offence by company - Food article manufactured by company found to be adulterated - Prosecution of Directors - Company nominated Officer of the company to be the person in charge of and responsible to the company for the..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 26 -- Airlines - Air ticket - Frivolous complaint - Allegation that despite confirmation of ticket he was not given reply for confirmation of return ticket and he had to purchase another ticket for his return journey from Athens to Delhi by spending Rs. 37,500/ - The complainant has not mentioned in the complainant..........
Consumer Protection Act, 1986, Section 2(1)(e), 2(1)(g) -- Consumer dispute - Loan transaction - OP is a financial institution or a lender in relation to the transaction in question - Complainant a borrower - Financial assistance or working capital or loan amount is to be released only in case execution of equitable mortgage and to comply further condition of sureties -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A -- Disobedience of restraint order - Court is duty bound to set right the wrong done and not to allow perpetuation of the wrong doing - Such power is available u/s 151 CPC and is bound to be exercised in the interest of justice and in public interest...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Railways - Deficiency in service - Compensation - Mishap to the petitioner-complainant occurred because the concerned railway platform was dug up making it inconvenient as well as dangerous for passengers to walk on the platform and board the train - The petitioner because of the accident suffered permanent..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Railways - Deficiency in service - Compensation - Mishap to the petitioner-complainant occurred because the concerned railway platform was dug up making it inconvenient as well as dangerous for passengers to walk on the platform and board the train - The petitioner because of the accident suffered permanent..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(1), 7A, 20, 49, Indian Penal Code, 1860, Section 307 -- Accused convicted and sentenced u/s 307 of Indian Penal Code - Conviction and sentence upheld by High Court - Supreme Court directed State to make enquiry so as to determine age of accused - Accused found to be 15 years, 2 months and 2 days when..........
Negotiable Instruments Act, 1881, Section 4, Stamp Act, 1899, Section 2(22), 2(23) -- Pronote - Defect or deficiency in stamps - Not curable once pronote is produced in Court...........
Civil Procedure Code, 1908, Section 99, Order 6, Rule 2 -- Law of procedure - Scope - Held, law of procedure is not to be used in order to oust a person on a technical ground from getting rights of a party on merits adjudicated by competent Court - In other words, technicality of law should not deter Court from passing the orders on merits of the case or proceedings..........
