Consumer Protection Act, 1986, Section 2(1)(d) , 2(1)(g) , 14(1)(d) -- Consumer - Deficiency in service - Education - Entrance test - Non issue of roll number - Compensation - Complainant held to be a consumer as he had sent his application form duly filled along with the Demand draft of Rs.1,200 to the office of the appellant - Since the draft was misplaced in the office..........
Goa Children's Act, 2003, Section 2(5), 8(2), 30 -- Child abuse - Religious procession - Maruti van carrying number of children driven by accused - Fire crackers stored in van catching fire as co-accused sitting in van was lighting fire crackers and throwing them on road, resulting in death of children sitting in van - Incident purely accidental - Held, provisions of Act..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - PCO booth - Franchise - Running of PCO by complainant by taking franchise of OP No. 1 and OP No. 3 - The complainant rightly held not a consumer by District Forum and his complaint rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Suit for specific performance - Plaintiff advanced huge amount as earnest money - Order of status quo regarding alienation of suit property set aside - In case of alienation of suit property during pendency of suit, defendant to inform prospective alienees the fact of pendency of..........
Consumer Protection Act, 1986, Section 2(1)(g) , 2(1)(r) , 14(1)(d) -- Banking service - Deficiency in service - Unfair trade practice - Compensation - Complainant got his a/c with respondent closed by paying closer charges in September, 2006 - Respondent bank instead of closing the a/c kept the account alive classifying as 'Dormant' and raised non - transactional charges..........
Specific Relief Act, 1963, Section 22(2), 16(c), Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - suit for specific performance - In a suit for specific performance ingredients of S.16(c) Specific Relief Act must be satisfied - Suit decided without dealing with the matter raised in the suit - Failure to prove execution of agreement - 16 co-owners not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Mandatory interim orders are issued in exceptional cases, only where failure to do so will lead to an irreversible or irretrievable situation...........
Civil Procedure Code, 1908, Section 144, Order 39, Rule 1, 2 -- Temporary injunction - Restitution proceedings pending - Title not vesting in the appellant - Merely because proceedings u/s 144 CPC for restitution are pending at the instance of the appellant he is not entitled to raise construction over the land in question or to injunct the respondent from raising..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Mandatory interim orders are issued in exceptional cases, only where failure to do so will lead to an irreversible or irretrievable situation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining defendant from interfering in possession and alienating the suit property - Agreement to sell categorically denied - Court erred while holding prima facie case in favour of plaintiff - Failure to establish all the three ingredients for grant of temporary..........
