Consumer Protection Act, 1986, Section 3, 2(1)d) -- U.P. Cold Storage Act - Additional remedy - Cold storage - Deficiency in service - Plea of appellant/OP that complaint before Fora not maintainable as the dispute is to be tried by the Cold Storage Tribunal in view of U.P. Cold Storage Act repelled - Held that complainants have made out a case of deficiency in service..........
Specific Relief Act, 1963, Section 41, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 108(j) -- Lease of land for floor mill - Lessee given permission to raise building for flour mill and make other construction ancillary to flour mill - Lessee started construction of shopping complex to give the same on lease in violation of lease..........
Civil Procedure Code, 1908, Order 2, Rule 1 -- Suit - Challenging settlement deed - Executed between member of the Society - Said suit filed by Society itself and not in representative capacity - Said defect in framing of suit should not stand in way of granting decree in favour of society if society is otherwise entitled to it...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Money fending - Transaction of money lending where no deposit was made for any specified period - Fora constituted under the Act are not supposed to entertain such money lending transactions which do not fall within the purview of service as defined under the CP Act...........
Civil Procedure Code, 1908, Section 47, 2(2), Order 21, Rule 32 -- Execution - Objections - Determination of - Does not amount to decree - No appeal lies from such an order - Order of District Judge entertaining such appeal and holding that decree is not executable reversed - Executing Court to proceed with execution...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining alienation and raising construction - Temporary injunction cannot be declined on the basis that alienation will be subject to law of lis pendens and construction raised will be at own risk or on the basis of an undertaking that there will be no alienation and construction will be at own..........
Criminal Procedure Code, 1973, Section 439, 41, 2(c) -- Bail application u/s 439 Cr.P.C. - It is discretion of Court to decide bail application on the same day or not - It is also discretion of Court to grant interim bail the same day subject to the final decision on the bail application later...........
Bihar State Universities Act, 1976, Section 2(c),2(i),4(1),14,35 -- Absorption - Decision by State of Bihar vide letter dated 19.8.1986 converting affiliated colleges as constituent colleges - Claim for absorption - The teachers who were appointed against the posts for which recommendations sent by the universities to the State after cut-off date or for which there were no..........
Bihar State Universities Act, 1976, Section 2(c),2(i),4(1),14,35 -- Non - obstante clause - Difference in language employed in the non-obstante clauses in Section 4(1) (14) and somewhat similar clause in Section 35 of the Act - Proviso to clause 14 of Section 4(1) uses the expression `notwithstanding anything to the contrary contained in this Act' whereas opening part of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(1)(g), 7 -- Shamlat den - Bachat land - Bachat land literally means that it is an excess area over and above the consolidation pool - It is the property of the proprietary body and not of any particular individual - Legally it cannot be said to be a Shamlat Deh - The proceedings of eviction could not have been..........
