Civil Procedure Code, 1908, Section 2(2), 9, 21, 16 -- Decree passed by a Court lacking inherent jurisdiction is a nullity - Principles of estoppel, waiver and acquiescence or res judicata are not applicable to such a decree - However, this is not the case with a decree passed by a Court having no territorial or pecuniary jurisdiction - Such a decree can be interfered with..........
Factories Act, 1948, Section 2(k),2(m) -- U.P. Industrial Disputes Act, Sections 25-L.25-N - Manufacturing process - Industrial Establishment - The work of the respondents consisted of `cutting of trees by axe and changing the shape of the timber into logs by using hand driven saw - The process of cutting by axe and changing the shape by saw both squarely fall within the..........
Civil Procedure Code, 1908, Section 2(2), 54, Order 20, Rule 18, Civil Procedure Code, 1908, Section , Order 21, Civil Procedure Code, 1908, Section , Order 26, Rule 13, 14 -- Preliminary decree - Execution thereof - Non-intiation of final decree proceedings - Effect - Suit for partition - Preliminary decree passed - Final decree proceeding not initiated - Property put on..........
Civil Procedure Code, 1908, Section 2(2), Order 20, Rule 18 -- Preliminary decree - Nature & Scope - Preliminary decree declares the rights and liabilities of the parties - Decree may be partly preliminary and partly final - A preliminary decree cannot be executed unless & until final decree is part of preliminary decree...........
Civil Procedure Code, 1908, Section 2(2), Order 20, Rule 18 -- Final decree - Proceeding may be initiated at any time - No limitation for initiation of final decree proceeding - Only final decree proceedings executable...........
Consumer Protection Act, 1986, Section 2(1),(g) -- UTI - MIP-95 Scheme - Alleged improper mobilization and investment of funds of the respondent by the appellant due to which rate of dividend for year 2001-2002 was lowered to 5% - Nothing to support the allegation - Investment in the Mutual Fund Schemes subject to market risk and NAV plan - Knowing fully well about risk of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit by partner restraining third party from releasing payment on account of work done by partnership firm - Third party is bound by the agreement entered with the partnership firm - Even otherwise if the partnership is still in existence then it is always open to the petitioner to file a suit for..........
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Consent order - Right to challenge in revision - Application for interim injunction restraining defendants from interfering in peaceful possession and enjoyment of land, demolishing construction and also from raising further construction - Dismissed by Trial Court - Undertaking by..........
Contract Act, 1872, Section 37, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Privity of contract - Ad interim injunction - Firm allotted work of handling and transporting of food grains of FCI - Suit by one of the partner of firm for declaration claiming himself to be partner in firm - Application for ad interim injunction against FCI from releasing payment to..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Vehicle finance - Hire purchase agreement - Default in making payment of installment - Financiers not to take the possession of vehicle forcibly by employing musclemen - To enforce this right through process of law - If they take forcible possession direction issued to proceed against for criminal offence by..........
