Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Purchase of truck for a consideration which was to be used exclusively for the purpose of earning his livelihood by means of self employment - If a driver is engaged even then appellant is a consumer as appellant have continued to earn his livelihood from it and of course, by means of self employment...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Buyer of goods or commodities for `self consumption' in economic activities in which they are engaged would be consumers as defined in the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining further construction - Construction of considerable magnitude already made - Entire amount under the agreement already made - Plaintiff not to suffer any substantial injunction if injunction is not granted - If ultimately suit is decreed plaintiff can be compensated in damages or..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff and defendant purchasing land comprising khasra numbers which were still joint and not yet partitioned by co-sharers - Held, even if the parties purchased the property by specific khasra numbers and boundaries, it cannot be said that they were in exclusive possession of any..........
Industrial Disputes Act, 1947, Section 2(oo), 25F -- Termination - Reference - Delay and laches - Workman pursuing his remedy right from the time of his termination - Demand notice made within one year of the termination and reference made - The same not pursued and withdrew on some technical flaws - Second reference made - There has been no deliberate loss of time by any..........
Industrial Disputes Act, 1947, Section 2(oo), 25F -- Termination - Compensation in lieu of reinstatement - Plea of abandonment by the management not accepted - In the absence of any enquiry the order of termination for absence from duty without following the mandate of Section 25F of the ID Act held to be bad in law - From the date of termination till date two decades have..........
Prevention of Food Adulteration Act, 1954, Section 2(ia) -- Cumin seed - Sample taken in polythene bags instead of jars and bottles - Held, cumin seed is a dry, hard substance - Not shown that because it was collected in polythene covers and not in jars or bottles, it could not be preserved and safeguarded properly - Contention that Rule is violated not available to the..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18 -- Shamlat Deh - Land recorded as `Jumla Malkan Wa Digar Haqdaran Arazi Hasab Rasad', `Jumla Malkan' or `Mushtarka Malkan' - It is ownership of the proprietors of the village abadi - It vests in the Gram Panchayat only..........
Civil Procedure Code, 1908, Order 22, Rule 2-B, Civil Procedure Code, 1908, Order 22, Rule 4(3) -- (As in P&H) - Death of defendant who was served and defending the suit - In case of his death, it is duty of his legal representatives to come on record themselves and in the absence of the same, the suit does not abate and decree passed is a valid decree...........
Arbitration and Conciliation Act, 1996, Section 2(1)(d), 10(2), 11 -- Arbitrator - Appointment - Agreement between parties providing settlement of dispute through arbitration - Agreement silent as to number of arbitrators to be appointed - Held, in such circumstance arbitral tribunal to consist of a sole arbitrator only...........
