Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction - More than four stories already constructed - Plaintiff has slept over his rights - A person who has slept over his rights is not entitled to equitable relief of injunction...........
Maharashtra Control of Organised Crime Act, 1999, Section 2(1)(d), 2(1)(e), 2(1)(f), 3(1)(2) -- Violation of Sales Tax and Excise Laws - Provisions of the MCOCA 1999 do not apply - To apply the provisions of MCOCA something more in the nature of coercive acts and violence in required to be spelt out so as to bring the unlawful activity complained of within the definition..........
Maharashtra Control of Organised Crime Act, 1999, Section 2(1)(d), 2(1)(e), 2(1)(f), 3(1)(2) -- Violation of Sales Tax and Excise Laws - Provisions of the MCOCA 1999 do not apply - To apply the provisions of MCOCA something more in the nature of coercive acts and violence in required to be spelt out so as to bring the unlawful activity complained of within the definition..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Electricity - Disconnection - Temporary injunction - Body seal and terminal of meter found to be tampered - Misuse of energy alleged - Consumption of power showing consistent use both during the pre and post period of dispute - Strong prima facie case in favour of plaintiff - Use of electricity is not a luxury but a dire..........
Stamp Act, 1899, Section 2(5), 2(22), 6, Negotiable Instruments Act, 1881, Section 4 -- Bond/promissory note - Stamp duty - Document in question could be construed as a bond and also as a promissory note - When a document falls within definition of two deeds then duty payable higher is chargeable - Stamp duty chargeable is duty payable on Bond being highest of the duty...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 6(1)(c), Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Limitation - Starting point - When summons is not accompanied with copy of plaint or when summons is served after date of appearance, then period to set aside..........
Civil Procedure Code, 1908, Order 5, Rule 2 -- Summons - When summons is sent calling upon a defendant to appear in Court and file his written statement, it is obligatory on the part of Court to send a copy of the plaint and other documents appended thereto, in terms of Order 5, Rule 2 CPC...........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 2 -- Dowry death - Demand of clothes for family members on occasion of a religious function - It is not a demand in connection with marriage - Death of wife - Customary gifts or payment in connection with birth of a child or other ceremonies unrelated to marriage is not demand of dowry -..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Medical service - Admitted by respondent - doctor that since the patient was referred to her, the hospital has collected fee for surgery and consultation - Held that the complainant and his wife hired the services of the doctors employed in the nursing home of 5th OP - The complainant held to be a consumer...........
Industrial Disputes Act, 1947, Section 2(s), 25F -- Workman - Retrenchment - Petitioner comes within the definition of a `workman' in terms of Section 2(s) of the Act - He has rendered 240 days of continuous service in the year - Irrespective of whether he was a daily wager or not, the natural consequence thereof is the conclusion that the provisions of Section 25F of the..........
