Civil Procedure Code, 1908, Order 9, Rule 2 -- Suit - Dismissal on account of failure to get service of summons - Defendant Corporation represented by Counsel who is directed to appear - Dismissal ordered on wrong assumption - Order of dismissal recalled...........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d) -- Education - Admission - Refund of tuition fee - Interest - Compensation -Amounting to Rs.58,500/- - Claim for - On account of getting admission in some other institution - Only a sum of Rs.2500/- refunded - Appellant-OP cannot be allowed to forfeit an amount for which he has not provided any service -..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical Termination of Pregnancy Act, 1971, Sections 3 and 4 - Medical negligence - Compensation - Death of mother of the complainants 1 and 2 and wife of complainant No.3 due to complication/reaction of injection arising out of starting of process of termination of pregnancy of six weeks of deceased -No consent..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading - Every pleading should contain, and contain only, a statement in a concise form of the material facts on which the party relies for his claim or defence, as the case may be - `Material facts' are facts upon which the plaintiff's cause of action or defendant's defence depends and the facts which must be proved in..........
Employee's Provident Funds and Miscellaneous Provisions Scheme, 1952, Section 2(f), 7A, Industrial Employment (Standing Orders) Act, 1946, Section 12A -- Trainees - Not employees - Apprentice engaged under the Apprentices Act or under the Standing Order is excluded from the definition of an `employee' as per S.2(f) of the Act...........
Punjab Tenancy Act, 1887, Section 5, 8, Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, Section 2(f), 2(3) -- Tenants having right of occupancy - Vesting of proprietory rights in occupancy Tenants - Suit filed alleging that as per local custom plaintiffs/Tenants became full fledged owners by acquiring occupancy rights under Sec. 5 and 8 of the Act of..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Ad interim injunction - Violation - Violation should be proved by legally acceptable evidence - A mere report of the Process Server that the petitioner refused to receive notice is not enough to hold that petitioner violated the order of injunction - Examination of process..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Prior to amendment of 2002 - Consumer - Commercial purpose - `Service' rendered for commercial purpose prior to the amendment made w.e.from 15.03.2003 were within the ambit of Consumer Forum...........
Consumer Protection Act, 1986, Section 2(1)(2)(ii), 2(1)(o) -- Housing construction - Service - Housing activities will come within the definition of rendering service - Making in the case the complainant a consumer...........
Consumer Protection Act, 1986, Section 2(1)(2)(ii), 2(1)(o) -- Housing construction - Service - Housing activities will come within the definition of rendering service - Making in the case the complainant a consumer...........