Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Indian Posts and Telegraph Rules, Rule 443 - Telephone disconnection - Due to non payment of bill payable by 30th, April - Registered notice not given before effecting disconnection - Complainant deposited the bill on 12th, August - Telephone disconnected on 20th August - Deficiency In rendering service writ large..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - There is no provision to entertain an application filed by the defendant U.O.39.Rr.1, 2 CPC...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Interference in revision with interim injunction - When not called for - Interim injunction granted by trial Court upheld in appeal restraining defendants from making any obstruction or hindrance in ingress/egress to and fro from the house of plaintiff - Both Courts came to prima facie conclusion that..........
Consumer Protection Act, 1986, Section 2, 14 -- Insurance claim - Repudiation - Claim allowed by District Forum - Interest - Allowed only w.e.f. the date of institution of the complaint - The order of District Forum modified and interest allowed after allowing a period of three months from the date of the theft of vehicle took place...........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Insurance claim - Personal Accident Insurance Policy - Deceased an employee of police department - Died in February 1994 - Premium due in November, 1993 not paid to Insurance company - In the absence of any evidence produced by the complainant that in November, 1993 any premium was either deducted from his salary or..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Shares - Full amount deposited and shares issued - Sticker mentioning that full payment of shares received not issued - Could not sell or transfer shares - Refund of the price of shares together with interest @ 15% p.a. as ordered by the District Forum does not call for any interference...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Grant of - Guiding principles - 1991 Civil Court Cases 99 (S.C.) followed wherein held: (1) The plaintiff has a strong case for trial i.e. it shall be of a higher standard than a prima facie case that is normally required for a prohibitory injunction; (2) It is necessary to prevent..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Premises let out for commercial purposes alongwith toilet - Defendant closed the toilet - Toilet is essential amenity and is necessary for the enjoyment of the tenanted premises - Court can grant temporary mandatory injunction to prevent irreparable loss...........
Consumer Protection Act, 1986, Section 2(1)(e), 14 -- Consumer Dispute - Provident fund - Non-payment - Not a consumer dispute under the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction being an equitable relief the person seeking injunction must come with clean hands - The well known maxim that applies in such matter is, 'He who seeks equity must do equity; he who comes into equity must come with clean hands; equity acts the vigilant, not the indolent'...........
