Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary injunction - Appeal - Power of appellate Court to interfere with the order - Where party in possession, claiming his possession to be lawful and complaining of encroachment and threat of forcible dispossession, had made out prima facie, triable case and sought..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Industrial shed - Refund of extra amount charged - Complainant paid more than Rs.1 lakh in excess - Refund claim only for Rs.24,497.71 - Refund allowed with interest @ 12% p.a. from the date of filing the petition...........
Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Second Amendment and Validation) Act 16 of 1996, Section 2 -- Constitutional validity of - Ultra vires to Article 14 of Constitution - Exempting public utility buildings and community assets erected in violation of Act - No rationale for making classification of buildings on the..........
Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, Section 2(9),2(10),3 -- Definitions of `road reservation' under Section 2(9) , `scheduled road' in Section 2(10) read with Section 3 which contains prohibition against erection or re-erection of any building or making or extension of any excavation or laying out any means of access of a..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Television - Deficiency in service - Complainant approached the authorized dealer of Onida T.V. at Ambala for repairing her old T.V. set - Engineer of the respondent visited the premises of the complainant - While effecting the repairs he removed certain parts and fitted the parts of local make - The T.V. did not work..........
Consumer Protection Act, 1986, Section 2, 14 -- Complaint - Encashment of Indira Vikas Patra - Allegation of fraud and collusion against the postal authorities - The proper remedy for the complainant in such circumstances was to approach the civil Court - In the present proceedings not possible to inquire into the disputed and complicated question of fraud and collusion...........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 5(2), Civil Procedure Code, 1908, Order 39, Rule 2 -- Suit for permanent injunction - Decreed - Appeal against - Mere filing of an appeal does not operate as stay of decree - Appellate Court shall not pass an order of stay of such a decree U.O.41.R.5(2) - It has to pass an order of temporary injunction U.O.39.R.2 if..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Insurance claim - Repudiation - On the ground that the deceased - assured has committed suicide within one year from the commencement of policy - District Forum dismissed the claim on the premise that complainant has not denied the version put forth by the Insurance Corporation - In para 3 of the rejoinder complainant..........
Consumer Protection Act, 1986, Section 2, 14 -- Insurance claim - Burglary in the shop of the respondent - Claim of compensation of Rs.68,700/- - Insurance company did not release the same on the ground that no burglary took place - District Forum allowed claim to an amount of Rs.50,000/- - Held that the claim of the complainant for a sum of Rs.68,700/- was wholly genuine..........
Consumer Protection Act, 1986, Section 2, 14(1)(d) -- Housing - Allotment of plot cancelled on the ground that the husband of the complainant already possessed Shop-cum-Flat - District Forum held that the complainant is entitled to be put in actual physical possession of the dwelling unit - Compensation of Rs.10,000/- allowed to the complainant for physical and mental..........
