Civil Procedure Code, 1908, Order 13, Rule 2 -- Document - Relating to the year 1992 whereas suit filed in 1995 - No question of ignorance of document - Three witnesses already examined - No satisfactory explanation for inordinate delay - Held, there is no material irregularity in rejection of application...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Wall demolished and new door and window opened despite knowledge of temporary injunction - Defendant directed to undo the wrong done by demolishing the construction made during the pendency of litigation and both parties to be relegated to the position of status quo ante on the date of passing of temporary injunction by..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction u/s 151 can be granted in a case when any of the ingredients for the grant of temporary injunction is missing when granting of temporary injunction is found to be imperative in the interest of justice...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Application rejected - Even then plaintiff can move fresh application u/s 151 CPC with a distinction that in case temporary injunction is granted under O.39.Rr.1, 2 then Misc. appeal is maintainable under O.43.R.1 but if an injunction is granted under S.151 then no Misc. appeal is..........
Consumer Protection Act, 1986, Section 2(1),(e) -- Consumer Dispute - Civil suit instituted by respondent against complainant-appellant compromised - If the direction was not complied with by the respondent as decreed by the Civil Court it was for the complainant to seek execution of that order - Complaint also barred by limitation - Complaint rightly dismissed...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- To substantiate plea of O.2.R.2 CPC it is necessary to bring on record the plaint of the previous suit so as to sustain the plea - A mere plea put forth in an indirect manner the concept of O.2.R.2 would not be attracted...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Plaint cannot be rejected if it suffers from curable defect or irregularity...........
Consumer Protection Act, 1986, Section 2(1),(g) -- Banking service - Refusal of the opposite parties to provide loan facilities to the extent required by the complainant towards working capital - Bank authorities are better placed to read risk factors surrounding loan transactions - It is not for the Redressal Agencies under the Protection Act to tinker with their..........
Consumer Protection Act, 1986, Section 2, 23A -- Limitation - Claim relating to defects in power tiller lodged with appellant in February, 1989 - Claim petition filed in District Forum in June, 1994 i.e. more than 4 years after lodgment of claim with appellant - Held, claim petition is barred by limitation...........
Consumer Protection Act, 1986, Section 2(1),(O) -- Service - Ex-gratia - Toddy tapper - Denial of ex-gratia payment under Scheme of Government on mere technicalities even though the husband of the petitioner complainant a licenced toddy tapper who obtained licence by paying licence fee - Held that respondents have been deficient in rendering the service to the petitioner -..........
