Consumer Disputes Act, 1986, Section 2(1),(g),14(1),(d) -- Migration certificate - Non issuance of by C.B.S.E. within 48 hours for which extra fee charged - Held to be deficiency in service - Token compensation of Rs. 700/- awarded by the District Forum upheld...........
Civil Procedure Code, 1908, Order 19, Rule 2, Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution of eviction decree - Objection petition against Decree holder - Contested petition stating that objector was not permanently residing in house in question - Permission to cross examine deponent sought - No allegation of inimical relation - Only reason given by her in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Wall put up across a way which was in existence for more than 12 years and the plaintiff was prevented from using that way to go to his house just two days prior to the institution of suit - Interim injunction, prohibitory or mandatory can be granted even for restoring status quo anterior..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Can be granted - Principles governing are (1) The plaintiff has a strong case for trial i.e., a higher standard than a prima facie case that is normally required for a prohibitory injunction; (2) It is necessary to prevent irreparable or serious injury which normally cannot be compensated..........
Consumer Protection Act, 1986, Section 2(1),(g), Contract Act, 1872, Section 65 -- Telephone directory - Publishing of - Contract became impossible of performance as permission not granted by the Telecommunication Department for publishing of directory - The OP's legally bound to render service to the complainants namely to refund the amount paid by the complainants when..........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 2(1) -- Expression `person' - Contention of appellant that respondent Nos. 1 and 2 together own land should be treated as a single unit as single person and thus land in excess of limit - Held that respondents having independent title to the property in question are entitled to two separate units under the said Act -..........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 2(q) -- clause (i) - Expression `vacant land' - Though sanction of building plan granted yet no construction had been raised on appointed day - Respondents held entitled to benefit under sub clause (i) of clause (q) of sub-section 2 of the Act and entitled to get the vacant land required to be kept in terms of the..........
Consumer Protection Act, 1986, Section 2(1),(g), Insurance Act, 1938, Section 64,VB -- Insurance claim - Group Insurance Hospitalisation and Domiciliary Hospitalisation Benefit Policy - Denial of claim on the ground that difference of enhanced premium not deposited in advance by LIC who obtained the policy for its existing or retired employees and it did not intimate the..........
Cantonment Act, 1924, Section 2(xxiii) -- The expression `occupier' - It would undoubtedly cover the lessor of the tenanted premises...........
Cantonment Act, 1924, Section 2(iv) -- The term `building' - The building would include the structures outside the main buildings which are attached to the main house - It is not necessary for the owner to be in actual possession of the part of the building in relation to which the tax has been imposed...........
