Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Agreement to sell executed on the basis of special power of attorney and earnest money paid - Plea of respondent that power of attorney only authorised to enter into negotiations for the sale of property and agreement to sell is collusive - Fairly good arguable case..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Transport - Allegation of deficiency in service against Haryana Roadways and misbehaviour on the part of the conductor - Held that the Conductor was acting strictly in accordance with the instructions of the Transport Department in not permitting the complainant free traveUing in the night buses on the authority of..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Improvement Trust - Allotment of plot - Land of the complainant acquired in 1962 - Rules regarding allotment of plot to displaced persons framed in 1964 - The Rules are only executive instructions and guidelines and cannot be made effective retrospectively - In the non-allotment of the plot to the complainant the opposite..........
Consumer Protection Act, 1986, Section 2(1)(g), 17 -- Medical negligence - Complainant got herself operated upon from the doctor opposite party against pregnancy - The complainant even after undergoing the operation gave birth to a male child - Complaint before District Forum alleging deficiency of service on the part of doctor dismissed - Held that no legal infirmity in..........
Consumer Protection Act, 1986, Section 2, 17 -- Complaint & Maintainability - Large number of issues of fact and law involved - The complaint not maintainable before the Commission...........
Consumer Protection Act, 1986, Section 2(1)(g), 17 -- Indian Post Office Act, 1898, Section 6 - Postal Service - Deficiency in service - Complainant failed to establish the contention that parcel was to be transported by air - The claim fails for want of deficiency...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Hotel business run since 1937 - Suit filed in 1991 and for the first time alleged violation of conditions of lease - Order granting ad interim injunction not sustainable - Balance of convenience does not lie in issuing ad interim injunction - Appellant cannot be compensated if he ultimately succeeds in suit for prohibiting..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Proof beyond pleading - In absence of a plea no amount of evidence can be taken into consideration...........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Indian Post Office Act, 1898, S.6 - Parcel sent by the complainant mishandled in the transit - Claim for compensation - Held that the postal department is certainly entitled to exemption under section 6 of the Indian Post Offices Act, unless fraud or negligence to an individual employee is proved - There being no..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Deficiency in service - Loan for building repaid - Delay in return of the original document by opposite party - The complainant suffered loss on that account as she could not execute sale deed in favour of the buyer of the house and was liable to pay Rs.55,000/- - The District Forum rejected the claim of for..........
