Consumer Protection Act, 1986, Section 2(1),(e) -- Consumer dispute - Rendition of accounts - A dispute with regard to rendition of accounts cannot be said to be a consumer dispute - Order of the District Forum relegating the complainant to his remedy before the Civil Court upheld...........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 1, 2 -- Temporary injunction - Second application under changed circumstances - Not barred by res judicata...........
Criminal Procedure Code, 1973, Section 439, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, 2(c) -- Offence of dacoity and lotting the bus - Accused a Juvenile offender - Bail refused on the ground that if accused is enlarged on bail he is likely to be introduced to hardened criminal gang and is likely to commit such offences...........
Banker's Books Evidence Act, 1891, Section 2(8) -- Statement of account - Date of attestation - Omission - Detailed ingredients mentioned in Section 2(8) are merely directory and not mandatory - Mere non mentioning of date in the attestation of statement of account is not fatal - When entries in statement of account are not disputed then plaintiff's own statement on oath..........
Banker's Books Evidence Act, 1891, Section 2(8) -- Statement of accounts - Not containing the date - Held, date of attestation of the certificate is not an essential ingredient of the certificate - Provision is directory...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Public property - Encroacher of public land has no right to seek injunction...........
Consumer Protection Act, 1986, Section 2(1),(e) -- Consumer dispute - Theft of electricity - Not a consumer dispute - Complainant in such eventuality held not consumer - Order of District Forum dismissing complaint upheld...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Can be allowed if claimed at the time of filing of written statement or before the settlement of issues - After framing of issues and recording evidence of parties, preliminary issue cannot be claimed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Temporary injunction - Appellate Court finally deciding disputed question of fact at injunction stage - Order set aside - Case remanded for decision afresh...........
Juvenile Justice Act, 1986, Section 2(h) -- Juvenile not raising plea that he was juvenile - Court is not required to determine his age in absence of plea...........
