Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Alienation of Joint Hindu Family Property - Suit by son - Not maintainable - Karta cannot be restrained from alienating the property as a coparcener has adequate remedy to impeach the alienation made by the Karta...........
Civil Procedure Code, 1908, Order 3, Rule 2 -- Plaint - Bank appointed an attorney to institute suit on its behalf and to sign and verify the plaint - Plaint signed and verified by such person - Is valid...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Limitation - When evidence is required to decide the issue the same cannot be treated as a preliminary issue...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In order to get temporary injunction plaintiff has to establish (i) a `prima facie' case; (ii) `balance of convenience'; and (iii) irreparable loss, if the injunction is refused...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Tenant - A tenant in possession has a prima facie case to protect his possession and tenancy rights...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Tenant - Once it is established that the plaintiff is a tenant and is in possession in that case the status quo order cannot be issued because it can affect his tenancy rights as under the garb of status quo order the person with muscle and authority try to disturb the possession of others...........
Civil Procedure Code, 1908, Section 115, Order 13, Rule 2 -- Application U.O.13.R.2 - Rejected - Revision against such order is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Order is appealable - Choice is for party affected by the order either to move appellate Court or to approach same Court which passed ex parte order for any relief...........
Consumer Protection Act, 1986, Section 2(1),(r),(g),21(b) -- Unfair trade practice - Fridge - Damage to the back wall of the fridge by rats and it became worthless - The respondent complainant buying the fridge and he was not told that back wall is made of thermocol and he believed it would be of same metal on all sides of the fridge - Findings of State Commission holding..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order of temporary injunction - Can be executed with help of police when plaintiff is dispossessed from suit land inspite of ad interim injunction order...........
