Civil Procedure Code, 1908, Order 39, Rule 2-A -- Order U.O.39.R.2-A CPC - Cannot be executed through the Executing Court - It is only the Court that passed the order that can impose punishment...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Post Offices Act, 1989, Section 6 - Postal Service - Registered letter sent by BSF authorities contained bank draft - Non-delivery of - Letter remained untraced despite a period of two years - Duplicate Bank draft prepared by BSF authorities and received by complainant after two years - No allegation of fraud or willful act..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading and proof - Plaintiff can prove his case even on the basis of admission by defendant in his pleading, oral evidence or by documents produced by him which in fact may support plaintiff...........
Civil Procedure Code, 1908, Section 2(2) -- Order of Abatement of appeal - Not a decision on merits - Cannot be construed as decree - Order refusing to set aside abatement - Appealable under order 3 rule 1 CPC...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 2(e), 3(1) -- Preventive detention - Contention that a single act of "smuggling" would not constitute a ground to warrant preventive detention repelled - Held that jurisdiction of preventive detention is one of suspicion, being anticipatory and preventive in nature - While..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Admission in pleading - Unless withdrawn on cogent grounds by way of amendment of pleadings, cannot be retracted and shown to be erroneous...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from realising rent - Prima facie plaintiff not able to demonstrate his title - Plaintiff not a party to the rent agreement - No irreparable loss or injury will be caused to plaintiff in case rent is realised by defendant, as, such a loss can be fully compensated in terms of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Encroachment - Removal - Plaintiff directed to remove his encroachment from disputed land in ejectment proceedings - Appeal not preferred against such an order - Plaintiff failed to prove prima facie case - Injury likely to be caused by ejectment of plaintiff was taken care of by State by offering..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Suppression of material fact - In proposal form - That deceased was suffering from TB - Death of the deceased had taken place after two years of the issuance of the policy - Heavy burden of the insurer as the insured will get the protection of Section 45 of..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Suppression of material fact - In proposal form - That deceased was suffering from TB - Death of the deceased had taken place after two years of the issuance of the policy - Heavy burden of the insurer as the insured will get the protection of Section 45 of..........
