Civil Procedure Code, 1908, Section 10, Order 39, Rule 1, 2 -- Stay of suit u/s 10 CPC - Court can still decide application U.O.39.Rr.1 & 2 CPC...........
Civil Procedure Code, 1908, Order 22, Rule 2-B -(As in P&H) - L.R's - Duty to implead - Is that of the L.R's of the deceased to get themselves impleaded and not of the person who is dominus litus - In case L.R's do not get themselves impleaded in the suit then later on they cannot contended that decree is not executable against them...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Contract Act, 1872, Section 27, Specific Relief Act, 1963, Section 42 -- Contract of service - Negative stipulation - As per terms of employment employee was not to disclose trade secrets to others and not to compete with employer for a period of five years after expiry of term of service - Employee resigning voluntarily..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Contract Act, 1872. Sections 73 and 72 - Kisan Vikas Patras - Missing person - Nomination - Interest - Payment of - Since the KVPs had been retained by the petitioners, even in the absence of agreement, there is an obligation arising out of a situation resembling a contract covered by the provisions of second part of..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Ground that deceased was having some serious disease and was getting regular treatment from Government Hospital which he fraudulently concealed and not disclosed in proposal form - No cogent evidence produced on file to prove the same - Death within ten days..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Travel agent - Air ticket - Purchase of for complainant-appellants on confessional basis - Intimation not given that group had to return together - Appellants had to cut short their journey, without fulfilling their purpose of visit, which caused them much mental harassment and agony - Held that there was..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Travel agent - Air ticket - Purchase of for complainant-appellants on confessional basis - Intimation not given that group had to return together - Appellants had to cut short their journey, without fulfilling their purpose of visit, which caused them much mental harassment and agony - Held that there was..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Vehicle finance - Hire Purchase Agreement - Non-payment of due instalments - Re-possession of vehicle as per the terms of the agreement - it does not amount to deficiency in service...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer -Commercial purpose - Seeds - Purchased by respondent to raise crop in his agricultural land for his livelihood - The contention of the appellant that respondent was not a consumer because he had purchased seeds for commercial purpose repelled - Held that had the respondent purchased the seeds for further sale of..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer -Commercial purpose - Seeds - Purchased by respondent to raise crop in his agricultural land for his livelihood - The contention of the appellant that respondent was not a consumer because he had purchased seeds for commercial purpose repelled - Held that had the respondent purchased the seeds for further sale of..........
