Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Mala fide - Allegations as to - Pleading - Sufficient particulars and cogent materiels making out prima facie case must be set out in the pleadings - Vague allegation or bald assertion is not sufficient - In absence of material particulars, Court is not expected to make `fishing' inquiry into the matter...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 12(3), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Vesting of surplus land in State - Suit for Declaration and Permanent Injunction filed by plaintiff-respondent in the year 2002 claiming that orders dated 26-12-1977 and 06-07-1981, whereby land in the hands of predecessors in interest was declared surplus are..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim -Non settlement of & Delay caused by petitioner-Insurance Company raising issues of limitation and further not replying to the letters of the respondents - Order of the District Forum and State Commission allowing relief well reasoned - Revision petition dismissed with costs of Rs.5,000/...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Banking service - Banker's cheque - Dishonour of - Compensation - Cheque dishonoured due to fault of the appellant bank - There was likelihood of registration/admission of respondent No.2 being cancelled by University if respondent had not paid through his sister's account - Appellant cannot escape liability-..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(o) -- Passport Act, 1967, Section 7 - Consumer - Services - Passport Issuance - Delay in Complaint - Maintainability - Dispute with regard to non-issuance of passport does not constitute consumer dispute - Even when the passport is issued to a person, he would not be construed as consumer in terms of the provisions of..........
Civil Procedure Code, 1908, Section 151, 115, 2(2), 96(1) -- Suit dismissed as infructuous on an application u/s 151 CPC - Order amounts to decree - Appeal lies against such an order - Revision is not maintainable...........
Indian Penal Code, 1860, Section 494, Criminal Procedure Code, 1973, Section 2(d), 198(1) -- Bigamy - Complaint has to be filed by aggrieved person - Cognizance cannot be taken on basis of police report - For offence of bigamy first wife would be the aggrieved person...........
Power of Attorney Act, 1882, Section 2 -- Power of Attorney - Interpretation & Object - Power of Attorney by daughters in favour of mother for management of the property - Property leased out for a period of 80 years in favour of son - Lease executed with the object to defeat rights of daughters - Relying on `Mt. Jan case' AIR 1938 Lahore 351, held Power of Attorney given..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - UTi -Units - Purchase of from UTI by making payment of Rs.4000/- - UTI rendering financial services - Plea that complainant not a consumer repelled...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- UTI - Units - Children Growth Fund - Maturity value - Non-payment of & Interest - UTI directed to pay maturity value alongwith interest @ 6% p.a. as per directions of Fora below...........
