Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ancestral Property - Stay of alienation - Compromise/family settlement among sons, father and minor son and widow of predeceased son - Settlement duly signed by parties - Minor son of predeceased son entitled to share in ancestral property in terms of family settlement - Grandfather entered into agreement to sell..........
Consumer Protection Act, 1986, Section 2(1)(g), Telegraph Rules, 1951, Rule 443 -- Telephone disconnection - Rule 443 of the Rules authorizes the petitioner - Department to disconnect telephone of a surety if he fails to clear the dues of the person for whom he had stood surety - Petitioner Nigam had not committed any deficiency in service in disconnecting the telephone of..........
Consumer Protection Act, 1986, Section 3, 2(1)(g) -- Arbitration and Conciliation Act, 1996, Ss.5 and 8 - Additional remedy - Arbitration clause - Existence of arbitration clause contained in the agreement will not oust the jurisdiction of Consumer Forum from entertaining the complaint filed by consumer...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Copier machine - Complainant was doing business in copier machine collecting charges from his clients - It is not established by the complainant that he is not deriving any income from other business, which is admitted in the documents on record - No hesitation in holding that the complainant..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Commercial purpose - As per the maintenance contract, the OP are bound to rectify the defect and maintain the system - As the goods were purchased for commercial purpose, and as the services of the OP were hired only for commercial purpose, not open to the complainant to contend that there is deficiency in..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, 5, Evidence Act, 1872, Section 101 -- Recasting of issues at appellate stage - Suit for possession - Decreed by Trial Court - In appeal, the Appellate Court set aside judgment & decree on the ground that issues framed by Trial Court not happily worded and burden of proof was not appropriately put - Appellate Court reframed..........
Registration Act, 1908, Section 2(6), Stamp Act, 1889, Section 47A -- Stamp duty on machinery - HFC invited tender for sale of land, building and machinery - Sold land along with building for an amount of Rs.8, 10, 000/- and machinery for Rs. 6, 10, 000/- - Vendee applied for registration of sale deed for an amount of Rs.8, 10, 000/- - Sub Registrar after registration of..........
Registration Act, 1908, Section 2(6) -- Machinery - Movable or immovable property - Items of machinery not permanently embedded to earth - Can be removed - Cannot be treated as immovable property...........
Contempt of Courts Act, 1971, Section 2 -- Contempt of Court - High Court giving direction to Municipal Corporation to regularise services of certain employees in accordance with policy of State Govt. - Corporation not regularising the services as State Govt. changed the policy decision - Held, Corporation is not guilty of contempt of Court...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Banking service - Deficiency is service - Punitive damages - Cheque dishonour - Despite sufficient fund available in the account of the complainant which is owned by State of Bihar - Wrongful dishonour of cheque would result in loss to the petitioner for more than Rs.25 lakhs - For the deficiency in service..........
