Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issues - Issues as regards to limitation, maintainability, court fee and res judicata can be treated as preliminary issues even when evidence of formal nature is required to be led...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-owner - A co-owner who is not in possession of any part of the property cannot seek an injunction against another co-owner unless any act of the person in possession of the property causes prejudice or is adverse to the interest of the co-owner who is in possession...........
Civil Procedure Code, 1908, Order 16, Rule 1, 5, 6, 7, Civil Procedure Code, 1908, Order 13, Rule 2 -- Documents - Production by witness - Witness can produce documents in his possession in support of oral evidence, though witness is not summoned to produce documents - Witness need not to file application U.O.13.R.2 CPC before producing the documents in his possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Restraint order in favour of plaintiff restraining defendant from (1) alienating suit property (2) from cutting and removing trees (3) from interfering in the peaceful possession of the plaintiff - Order confirmed by High Court in appeal - In the same suit an application filed by defendant seeking same relief also granted..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trespasser - Not entitled to injunction against owner or manager of the property...........
Criminal Procedure Code, 1973, Section 200, 156(3), 2(o), 2(s), 173, 204 -- Custodial death - Complaint against police - Magistrate directing Corps of Detectives to investigate - Though Magistrate has no power to direct COD to investigate however investigation made by COD in case of custodial death is as per standing order of Government - Cognizance taken on report filed..........
Consumer Protection Act, 1986, Section 2(1),(g),r,w, 21, Electricity Act, 1910, Section 26(6) -- Deficiency in service - Electricity bill - Faulty meter - One phase was not giving reading on the meter - Held that the supplementary bill could be raised by the Respondent-Electricity Board only after obtaining a report from the Electrical Inspector, if that happens to be..........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 10, 2(o), 7, 2(C) -- Applicability of - Only to area within ambit of urban area as defined - Notice to demolish building, stop construction and restore land to its original position as same falls within urban area - No evidence to conclude that land falls within ambit of urban area - Provisions of Act not..........
Consumer Protection Act, 1986, Section 2(1),(e),21(b) -- Consumer Dispute - Agreement for purchase of bungalow - Petitioner seeking reimbursement of Rs.21,896/- with interest from the amount of Rs.30,000/- charged and not accounted for by the respondent - The demand of Rs.30,000/- by the Respondent at the time of delivery of possession was intricably connected with the..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Airlines - Deficiency in service - Compensation - Seat confirmed for flight but seat denied and the complaint failed to reach his work place in foreign country - This action of the appellants had not only caused the complainant to lose his job but also made him suffer a great deal of shock and mental agony and..........
