Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restoration of electricity and water supply - Tenancy coming to an end with efflux of time - Tenancy not renewed - Tenant thereafter in unauthorised occupation - No fault can be found for disconnecting the electricity and water supply...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer - Words and phrases - The word 'livelihood' - It suggest return from any activity which would earn sufficient amount to maintain himself and his family with reasonable comforts of life...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer - Commercial purpose - Complainant having business of gold/silver - He purchased a truck on hire purchase basis - The vehicle in question was not used for earning livelihood but for augmenting the income by having additional source of income - It can be said that the vehicle in question was not used for earning..........
M.P. Lokayukt Evam Up-Lokayukt Adhiniyam, 1981, Section 2(g),3 -- Madhya Pradesh Rajya Sahakari Bank Employees (Terms of Employment and Working Conditions) Rules, 1976, Rules 3(b) , 14(b) , 21, 22(a) , 23 and 61 - Appointment - Jurisdiction - Lokayukt - Appointment of employees (clerk-cum-typist) of the M.P. State Cooperative Bank gone into by the Lok Ayukat - Plea that he..........
Employee's State Insurance Act, 1948, Section 2(9),2(13),82(2) -- Employees State Insurance - The expression 'Employee' - Appellate jurisdiction - Held that the High Court while dealing with the appeals under Section 82(2) of the Act is required to analyse the factual position to see whether the definition of employee in terms of Section 2(9) of the Act applies to the..........
Industrial Disputes Act, 1947, Section 2(oo),(bb) -- Termination - Seasonal worker - Seasonal factory which commenced its trial season - High Court noted that the workmen were not permanent employees and they failed to establish the nature of their appointment - No appointment order filed - It came to abrupt conclusion that the burden of proof lay on the employer to..........
Consumer Protection Act, 1986, Section 2(1),(g), Insurance Act, 1938, Section 64UM(2) -- Insurance claim - Surveyors' report - OP had no where stated that the final survey report of the Surveyor was obtained by fraud or misrepresentation or the same was given for oblique or ulterior motive - Thus final Survey report cannot be questioned - Since the proximate and immediate..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Simpliciter suit for injunction - Suit withdrawn - Subsequent suit for declaration of title, injunction and recovery of part of extent over which structures exists - Cause of action for subsequent suit arose as defendant attempted to trespass and put up some constructions..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Bank guarantee - Invocation and encashment - Bank guarantee has to be honoured in accordance with its terms - Exceptions to this rule are when there is a clear fraud on the part of beneficiary of which bank has notice - Secondly there are special equities in favour of grant of injunction - Appeal..........
Punjab Security of Land Tenures Act, 1953, Section 2(5A), 21, 24 -- Land of Gram Panchayat - Declared surplus - Order illegal & void-ab-initio - Land of Gram Panchayat cannot be declared surplus -Order or subsequent proceedings arising out of the order not sustainable, void-ab-initio and nonest in the eye of law...........
