Wakf Act, 1954, Section 2(1) -- Creation of Wakf- Founder must declare his intention to dedicate the property for the mosque - A specific declaration is necessary - The founder must divest himself completely from the ownership of the property - The divestment can be inferred from the fact that he delivered possession to the Mutawali or an Imam of the mosque - In absence of..........
Himachal Pradesh Agriculture Produce Market Act, 1949, Section 2(a), 2(h), 2(i), 4(3), 21 -- Both Khairwood and Katha are agricultural produce - The respondent buys Khairwood from producers and manufacturers Katha - Respondent is not grower of Khairwood as such cannot claim exemption from obtaining licence u/s 4(3) - Processing Khairwood within the specified market -..........
Consumer Protection Act, 1986, Section 2 -- Insurance claim - Fire policy - Complaint alleged to be beyond limitation - District Forum granted no opportunity to the Insurance Company to file reply evidence by way of affidavit, in the absence of which there has been no trial which has resulted in miscarriage of justice - Order set aside - case remanded - District forum..........
Consumer Protection Act, 1986, Section 2(1) -- Insurance claim - Theft of vehicle - Claim not settled - Plea of Insurance Company that claim could not be settled because of non-cooperation and failure to comply with procedural formalities/requirements by the complainant - No material on record to show that the complainant informed the respondent before filing of the..........
Consumer Protection Act, 1986, Section 2, 14 -- Banking - Deficiency in service - Bank refusing to accede to request for grant of working capital loan - Decision found to have been taken after due application of mind to relevant facts and circumstances - No deficiency in service...........
Consumer Protection Act, 1986, Section 2, 14, Carriers Act, 1865, Section 6 -- Consignment booked through transporter - Destroyed in fire - Compensation claimed - Consignment diverted on instructions of the consignee - Loss caused beyond control of Opposite Party - Petitioner's claim not sustainable as it could not be said that consignment was destroyed because of any..........
Consumer Protection Act, 1986, Section 2, 14 -- Insurance claim - deficiency in service - Claim repudiated on the ground that the man who was driving the vehicle at the time of the accident did not possess a valid driving licence - Letter produced by Insurance company showing that no such licence was issued - letter not from proper authority - Rejected - Licence held to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark-Temporary injunc-tion - Granted on basis of undisputed facts and material - Exercise of discretion exer-cised by trial Court neither arbitrary nor perverse - Defendants having obtained a registration of trade mark is not sufficient to render the suit as not maintainable - Held, conclusion reached by trial Court..........
Societies Registration Act, 1860, Section 1, 2 -- Trust - On registration of a validly constituted body/trust, it becomes a juristic person which can sue and be sued...........
Civil Procedure Code, 1908, Section 115, Order 19, Rule 1, 2, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Affidavit - Cross examination of deponent - In interim proceedings to be allowed in rarest of rare cases where it is unavoidable and for valid reasons - Trial Court permitting cross-examination of deponents in interim proceedings without valid reasons - Order..........
