Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section , Order 43, Rule l(r) -- Ad interim injunction granted by trial Court after examining pros and cons of the case - Appellate Court cannot set it aside without recording a finding that order granting ad interim injunction perverse or illegal...........
Consumer Protection Act, 1986, Section 2(1),(o),2(1),(d) -- Education - Service - Consumer - Imparting of education by an educational institution for consideration falls within the ambit of 'service' as defined in the Act - Fees are paid for the services to be rendered by way of imparting education by the educational institutions - If there is no rendering of service, the..........
Consumer Protection Act, 1986, Section 2(1),(r) -- Education - Admission - D-Pharmacy Course - Unfair trade practice - Complainant admitted by OPs knowing fully well that their institute was neither recognized, nor approved by the Pharmacy Council of India - Case of mis-representation on the part of the OPs - Amounts to an unfair trade practice and deficiency in service...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Medical negligence - Eye operation for cataract - Plea of respondent OP accepted by the District Forum that no consideration was charged hence complainant not a consumer and complaint not maintainable - Contention of the appellant that Rs. 330/- was charged not denied but stated to be a donation - Held that..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Industrial plot - Refund - Earnest money - Delay of 20 years in not deciding the application - Held that appellant/complainant is liable to get the refund with interest @ 10% - The appellant also entitled to get Rs. 20,000/- as compensation for mental harassment and agony...........
Arbitration and Conciliation Act, 1996, Section 42, 2(e) -- In order to activate the provisions of S.42 of the Act, it has to be shown that an application in respect of an arbitration agreement has been made in the Court as defined by S.2(e) of the Act...........
Civil Procedure Code, 1908, Order 3, Rule 2 -- Power of attorney holder - Is a competent witness and is entitled to appear as such and his statement in Court cannot be ignored merely because he appears as Attorney and not as a witness...........
Civil Procedure Code, 1908, Order 3, Rule 2 -- Power of attorney - Non appearance of plaintiff as a witness - His power of attorney appearing in witness box in capacity of power of attorney holder - Held, his evidence cannot be refused to be taken into consideration on ground of non appearance of plaintiff...........
Civil Procedure Code, 1908, Order 17, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 2 -- Two of plaintiff's witnesses ill and not present on date - Evidence closed - Sickness of witnesses sufficient ground for adjournment - Order set aside - Plaintiff allowed to examine his witnesses on payment of Rs.500/- as costs...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Compound wall - Constructed by tenant and he encroached adjacent land - Construction by tenant without lessor's consent - Tenant is not entitled to relief of temporary injunction - Injunction declined by trial Court - Order upheld...........
