Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Expiry of period of license - Suit for possession - Interim mandatory injunction directing defendant to hand over vacant and peaceful possession of premises - Cannot be granted - Granting of interim order directing handing over of possession would only mean decreeing the suit even before..........
East Punjab Urban Rent Restriction Act, 1949, Section 2(c) -- Purchase of building by registered sale deed - Building on rent with tenant - Purchaser becomes the landlord by virtue of operation of law as envisaged by S.2(c) - Any person who derives title from the earlier landlord, would also be considered the landlord...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Indian Contract Act, 1872, Section 126, Banking Regulation Act, 1949, Section 6(a) -- Encasement of Letter of Credit - Interim Injunction against - Sought - Order for supply of steel scrap pleaded by plaintiff - Company with defendant - Company - Payment was to be made to defendant through transferable since Letter of Credit..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(1)(g), East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 19 - - The land in dispute had been given to the Gram Panchayat in consolidation proceedings for common purposes - 1t was not liable to revert back to the original land owners - Order passed by the Director..........
Industrial Disputes Act, 1947, Section 2(s), 25F, Apprenticeship Act, 1961, Section 2(aa),4(2),18 -- Workman - Apprentice Development Officer - Whether workman - Offer of appointment read with the scheme proved that the appellant was appointed as an apprentice and not to do any skilled, unskilled, manual, technical or operational job - Onus was on the appellant to prove..........
Industrial Disputes Act, 1947, Section 2(s), Apprenticeship Act, 1961, Section 2(aa) -- Workman - The expression `apprentice' - The definition of `workman' as contained in Section 2(s) of the Industrial Disputes Act, 1947 included an apprentice - But a `workman' defined under the Act of 1947 must conform to the requirement laid down therein - Meaning thereby that, inter..........
Transplantation of Human Organs Act, 1994, Section 2, 9, 24, Transplantation of Human Organs Rules, 1995, Rule 4 - - Transplantation of human organs - Procedure - Donor and donee were `near relatives' - Documentary evidence such as Passports, School Leaving Certificates, Certificate from District Magistrate etc., showing that donee was real brother of donor - Further proof..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Shares - Selling or buying - Person who sells and buys shares for his personal use or for supplementing his personal income and is not a trader or does not indulge in any trading activities definitely comes within the definition of consumer...........
Consumer Protection Act, 1986, Section 2(1),(g) -- Shares - Shares were handed over for sale along with transfer deed to opposite party by complainant - Neither shares were returned nor payments made against the shares- Deficiency in service...........
Consumer Protection Act, 1986, Section 2(1),(g) -- Defective machinery - Letter of complainant on record showed that breakdown in machine occurred due to mistaken operation by the employee of complainant - The last technician sent by company corrected the condition of the machine to the satisfaction of complainant - Held that there is neither any defect in the machine..........
