Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Second application is maintainable - Dismissal of earlier application is not the criteria to decide second application - Second application is maintainable on the ground of subsequent events - Court should examine subsequent events in proper perspective...........
Consumer Protection Act, 1986, Section 2(1),(d),(ii) -- Consumer - Insurance claim - Vehicle sale - Non transfer of insurance policy in name of purchaser by the original owner who availed the service of the Insurance Company - After selling the vehicle the direct beneficiary becomes the purchaser - He steps into the shoes of the original owner and comes within the..........
Consumer Protection Act, 1986, Section 2(1),(g), Motor Vehicles Act, 1988, Section 157 -- Insurance claim - Vehicle sale - Theft of vehicle - Repudiation of claim on the ground that since insurable interest not transferred in the name of purchaser he was not entitled for benefit of policy - Plea that under Section 157 of the Motor Vehicles Act only third party interest are..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - 'Possession relevant consideration to grant injunction - Suit for declaration that plaintiff owner in possession of suit land - Injunction also sought restraining defendant from interfering in possession - Claim based on enteries in revenue record - Defendant asserted his title and possession over..........
Partition Act, 1893, Section 2, 6, 7 -- Sale by way of auction in execution of a decree for partition - Violation of provisions of sec. 6 - Effect - Suit for partition - Preliminary decree passed - Local Commissioner submitted report that property not capable of partition by metes and bounds, requires auction - Property auctioned - Auction challenged - Sale conducted u/s 2..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Issued for limited period - Extended till a particular date - Does not continue to operate till it is vacated...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Anti suit injunction - Suit for mandatory injunction/permanent injunction/prohibitory injunction restraining defendant from continuing with complaint for divorce pending in Foreign Court - Trial Court issued notice on ad interim injunction application - Order challenged - Principles governing grant of anti suit injunction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Deemed operation of stay - Expression `in the mean time' & `till then' - Difference - Suit challenging notification u/s 4 of Land Acquisition Act - Ad-interim order restraining demolition of constructions `in the mean time' - Interim order extended from time to time - Subsequently stay order extended till next date of..........
Consumer Protection Act, 1986, Section 2(1),(b), Power of Attorney Act, 1882, Section 1A, Evidence Act, 1872, Section 68 -- Complainant - Power of Attorney - Plea that GPA signed by the complainant and space meant for signatures of the witnesses left blank - The Power of Attorney Act does not require that Power of Attorney executed is required to be attested by the..........
Consumer Protection Act, 1986, Section 2(1),(b), Evidence Act, 1872, Section 118, Civil Procedure Code, 1908 -- Order 3 Rules 1 and 2 - Complainant - Power of attorney - Deposition as witness - There is no express bar under the provisions of CPC for examination of the Power of Attorney as a witness on behalf of the party to the proceedings - Power of Attorney is a..........
