Civil Procedure Code, 1908, Section 10, Order 41, Rule 2 -- Substantial questions of law - Framing of - Jurisdiction of this Court to permit the appellants to formulate substantial questions of law in the memo of appeal not taken away - It can be exercised when the facts and circumstances of the case so permits...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 2(h) -- Eviction - Shop let out for specified period - Possession of tenant not unlawful after expiry of tenancy period - Once a tenant always a tenant - Tenant can be evicted only by having resort to Rent Act...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 2(1)(g) -- Village pond - Unauthorized possession - Gram Panchayat sought ejectment of unauthorized occupant of village pond - Unauthorized occupant taking plea that they are in possession for the last 50 years and their forefathers have constructed house thereover - Also the plea of unauthorized occupant that..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Laser machine - For medical laser treatment and cosmetic surgery - Cost of the machine more than Rs. 86 lakh - There is no averment in the entire complaint as to how the complainant is a 'consumer' within the meaning of Section 2(1)(d) of the CP Act - There is no averment in the complaint..........
Consumer Protection Act, 1986, Section 2(1) -- Consumer - Commercial purpose - Computer hardware consisting of 9 items purchased by respondent - complainant in 1996 which started giving trouble from first week itself - During the period of warranty respondent No.1 entity purchasing goods/products for a commercial purpose and availing of service under warranty would be..........
Consumer Protection Act, 1986, Section 2(1)(f) , 14(1)(d) -- Computer hardware - Defective computer - Manufacturing defence - Appellant only provided after - sales service under the terms of warranty - There is no evidence/ document on record to hold that in addition to providing after - sales service, the appellant was responsible for replacing any of the hardware..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) , 2(1)(f) , 2(g) -- Consumer - Commercial purpose - Defective Gasification Plant - Rice Husk Gasification plant - For generation of 200 kw electrical power - Problem in the plant from very beginning not removed despite repeatedly assuring the complainant till the date of filing of the complaint - Plea of the OP that plant..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Laser machine - For medical laser treatment and cosmetic surgery - Cost of the machine more than Rs. 86 lakh - There is no averment in the entire complaint as to how the complainant is a 'consumer' within the meaning of Section 2(1)(d) of the CP Act - There is no averment in the complaint..........
Consumer Protection Act, 1986, Section 2(1)(d) , 17 -- Consumer - Commercial purpose - Complaint maintainability - Contention by the OP revision petitioner that the contract/agreement entered into between the parties for the purpose of installation of software in question being a commercial contract the complaint by complainant Co - operative Housing Society not..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Banking service - Cheque encashment - Respondent - complainant engaged in export business and to that purpose hired the services of the Bank, towards encashment of one cheque paid in U.S. Dollars - There was no evidence that the proceed of such cheque, on being cleared on foreign shores would..........
