Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for permanent injunction filed when cause of action for filing suit for specific performance had not arisen - Subsequently suit for specific performance filed - Held, suit for specific performance is not barred U.O.2.R.2 CPC - 2001(3) Civil Court Cases 132 is not applicable to the facts of the case as in that case suit..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of suit U.O.2.R.2 - In absence of specific pleading and non production of proceedings of the first suit, such a plea cannot be raised before the Appellate Court...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Explanation IV - Earlier suit for permanent injunction restraining defendant from alienating suit property - Subsequent suit for specific performance of agreement to sell - Earlier suit not based on cause of action of specific performance because such a relief not available to plaintiff at the time of earlier suit..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar to second suit - Unless there is specific plea to raise objection with regard to bar created by Order 2 Rule 2 and proceedings of first suit produced in evidence - Plea of bar cannot be raised before Appellate Court...........
Air (Prevention and Control of Pollution) Act, 1981, Section 2(n),19,21,22,37(1),54(2)(k) -- Air Pollution Control Area - Declaration by Notification u/s 19(1) of the Air (Prevention and Control of Pollution Act) 1981 by publishing in the Official Gazette in the absence of rules made under the Act - Held that merely by absence of Rules, the State would not be divested of..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 2(d), 2(g) -- Residential building or non residential building - Landlord residing on the first floor - Hall on the ground floor let out for purpose of book binding and printing press - Held, dominant purpose for which the building is used is residential - Demised premises is a residential building...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Encroachment on road - Report of Local Commissioner that plaintiff has encroached 5 feet street land in front of his house - Held, interim injunction rightly denied to him...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - In the absence of a plea - No amount of evidence led in relation thereto can be looked into...........
Consumer Protection Act, 1986, Section 2(f) -- Motor vehicle - Tyre defective - Manufacturing defect - Warranty clause providing that in respect of parts not manufactured by TELCO matter could be taken up with respective manufacturers - Held that it would be the primary responsibility of the supplier to see that the parts fitted to the new vehicle if turn out to be..........
Consumer Protection Act, 1986, Section 2(1),(g), Post Office Act, 1898, Section 6,48 -- Money order - Amount not received by the payee even after 4 months from the date of money order - Plea that due to technical fault they were lost and the remitter received the money under duplicate money order sent subsequently. Plea that appellant - OP exempt from liability u/s of the..........
