Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant or refusal - Appellate Court can interfere when discretion is exercised by granting a temporary injunction when there is `no material', or refusing to grant a temporary injunction by ignoring the relevant documents produced which are termed as arbitrary, capricious or perverse...........
Companies Act, 1956, Section 2(12) -- Transfer of Property Act, 1882, Sections 130 to 137 - Bonds - Actionable claim - Suit bonds held to be nothing but debentures within the meaning of Section 2(12) of the Companies Act - A debenture is an actionable claim - Section 137 of the TP Act exempts debenture inter alia from the provisions of Section 130 to 136 of the TP Act -..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Breach of bank of canal - Damage to the wheat crop of appellant-complainant - Complaint liable to be rejected on the sole ground that the complainant is not consumer in terms of the requirement of Section 2(1)(d) of the Act...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Airlines - Deficiency in service - Necessary party - Non-joinder of - Ticket issued by KLM - But the flight whereby the boarding were denied to the complainant did not belong to them but to Cathay Pacific - Despite objections by OP Cathy Pacific not made a party - Held that the agency issuing the ticket cannot be..........
Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Witnesses - Names of certain witnesses not mentioned in list of witnesses - No illegality in discarding evidence adduced by appellant on ground that those witnesses are unlisted witnesses, hence unbelievable - Dismissal of suit on ground that names of witnesses were not mentioned in plaint, however, not proper since it is..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Housing -Plot allotment - Compensation - Non-delivery of possession despite clearance of all the dues - Offer of possession in the year 1994 held to be a mere paper transaction and HUDA did not intend to give possession - It put obstacles in the way of complainant to take possession - Direction by the District..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Interest Act, 1978, Sections 3 and 4 - Interest - Contract of insurance - Insurance policy - Lapsed life insurance policy - Paid up value - Whether in the case of lapsed life insurance policy, LIC while paying the reduced sum payable treating it as a paid-up policy is liable to pay interest in regard to premiums paid from..........
Criminal Procedure Code, 1973, Section 200, 156(3), 2(d) -- Complaint - Absence of prayer to take action or to punish accused according to law - Does not affect the legality and validity of the complaint...........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 1910, Section 26(6) -- Electricity meter - Electricity bill - Overhauling of account - An amount of Rs.23,388.85p was added in account of the respondent on the ground that meter was found running slow to the extent of 1/3rd on inspection - Inspection report did not bear signatures of any representatives of..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Passed by a Court having no jurisdiction - Such a decree is a nullity - Validity of such decree or order can be challenged at any stage, even in execution or collateral proceedings...........
