Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Change of nature of suit land - Suit for declaration challenging sale deed executed in favour of defendant - Interim injunction regarding alienation and from raising construction and changing nature of property claimed - Alienation stayed - Defendant in exclusive possession of suit property - Claim of..........
Consumer Protection Act, 1986, Section 2(1),(g), Motor Vehicles Act, 1988, Section 157 -- Insurance claim - Transfer of vehicle - It is only in respect of third party risk that Section 157 of Motor Vehicles Act is applicable - The certificate of insurance together with the policy of insurance shall be deemed to have been transferred in favour of the person to whom the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In faovur of defendant - Cannot be granted as long as an order of temporary injunction is operating against him - However, in certain cases temporary injunction can also be granted in favour of defendant...........
Consumer Protection Act, 1986, Section 2(1),(o) -- Education - Educational institutions - Held that educational institution are covered under the ambit of the CP Act...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Plea is sustainable only if subsequent suit is in respect of same cause of action as that in which previous suit was based - Plea has to be established by filing pleadings of previous suit - Bar cannot be presumed on basis of inferential reasonings...........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 34, Rule 14, 15 -- Mortgage of property for loan - Suit for attachment and sale - Suit is not barred by previous suit which was decreed for recovery of money based on loan transaction simpliciter or for enforcement of hypothecation agreement - Cause of action are different though they might have..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Scope - (i) The provision insists upon to include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action put in suit - (ii) A plea under O.2 R.2 of Code can not be made out except on proof of plaint in the previous suit the filing of which is said to create a bar - Without placing..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section , Order 34, Rule 14, 15 -- Loan from bank for purchase of bus - Repayment secured by hypothecating bus and further by equitable mortgage - Suit for recovery - Bank ommitted to suit on equitable mortgage without leave of Court - Subsequent suit to enforce the equitable mortgage - In a suit for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for declaration & injunction - Plaintiff claimed ownership and possession on the basis of sale deeds - Ad interim injunction sought restraining defendants in interfering in peaceful possession - Vendor of plaintiff found to be not in possession of suit land - Could not have passed over possession of the suit land to..........
Indian Penal Code, 1860, Section 304, Dowry Prohibition Act, 1961, Section 2 -- Dowry demand - Meaning - In order to constitute dowry demand any property or valuable security should be given or agreed to be given either directly or indirectly at or before or any time after the marriage and in connection with marriage - Giving or taking of property or valuable security must..........
