Contempt of Courts Act, 1971, Section 2(b) -- Wilful disobedience - Eviction decree - Appeal to Supreme Court - Interim stay granted - Contemners attempting to enforce decree contrary to order of Court - Stand taken in reply to show cause notice pervaricating - Explanation that tenant did not produce certified copy of order - Not satisfactory to mitigate charge made..........
Civil Procedure Code, 1908, Order 21, Rule 1, 2 -- Payment by J.D. to a partner of a D.H. firm outside Court - Binds all the partners - If any of the partners disputes he can plead and prove special circumstances and contend that the payment by the J.D. to one of the partners does not bind him and in that event the burden is on the partner who disputes the payment by the..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 18, 2(c), 31 -- Civil Court - Bar of jurisdiction - Relevant date is appointed date - Appointed date is date on which Debt Recovery Tribunal came to be established and not date on which Act came into force - Order passed by Civil Court after coming into force of Act but before the establishment of..........
Civil Procedure Code, 1908, Order 37, Rule 1, 2 -- Summary suit - Receipt unstamped - Summary suit is not maintainable - In a summary suit admissibility of documents has to be seen at the time of filing of the suit - Contention that on payment of penalty receipt can be admitted in evidence - Not tenable...........
Civil Procedure Code, 1908, Order 37, Rule 1, 2 -- Summary suit - Leave to defend - Interest in addition to principal sum claimed - Receipt in question silent in regard to payment of interest and rate thereof - In absence of any stipulation regarding payment of interest and rate of interest the same can be decided only on basis of evidence to be led by parties -..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for specific performance - Earlier suit for injunction filed when it was open for plaintiff to file suit for specific performance - In previous suit neither relief of specific performance sought nor any application filed U.O.2.R.2(3) seeking leave of Court to sue for relief of specific performance afterwards - Therefore,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff divorced wife and minor child of the respondent - Wife is entitled to be provided with residence so long as she remains unmarried - Wife is residing in the house not as stranger but as member of the family of the defendants - Defendants restrained from interfering with the possession or..........
Dissolution of Muslim Marriages Act, 1939, Section 2 -- Wife has got a right for dissolution of marriage on the ground that the husband neglected her or failed to provide for her maintenance for a period of two years...........
Consumer Protection Act, 1986, Section 2(1),(b),(ii) -- Complainant - Housing - Complaint by Allottees Welfare Association a registered body under the Societies Registration Act, 1860 - Preliminary objection that complainant have themselves registered subsequent to the service rendered by the respondents to the allottees hence not eligible to file complaint repelled - Held..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Biopsy examination got done from the Laboratory of the opposite party No.2 - Not the case of the OP No.2 that they are doing such costly examination free of cost - Complainant held to be consumer...........
