Civil Procedure Code, 1908, Order 22, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 4 -- One out of two plaintiffs already dead on date of filing suit - Co-plaintiff played fraud upon Court - Suit dismissed for default - Restoration application dismissed - Held, LR's cannot be impleaded when the suit has already become final...........
Consumer Protection Act, 1986, Section 2, 14 -- Insurance claim - Expected of the Insurance Company to settle the claim within three months after submission of the survey report - Any delay beyond that would per se attract the audiom of deficiency in service unless the same is cogently explained by the insurers and the burden thereof must necessarily rest on them -..........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Relief - Pleadings regarding relief claimed must be precise - If claim is for interest applicable to commercial transactions, same must be specified citing grounds for claim - Where relief of interest claimed is mentioned only as `interest' Court can grant interest at only normal..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Status of the complainant as a consumer to claim compensation from the bank against whom allegation of deficiency in rendering service has been made in not getting the cheque encashed from the appropriate branch - No doubt, the complainant in his affidavit has stated that on 03.11.1993 the value of the shares of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Can be granted against a partner of firm if he infringes right of firm by using its trade name for doing the same business carried on by him by reconstituting another firm with some other partners and thus violating its rights under Copyright Act, 1957 and Trade and Merchandise Marks Act, 1958...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Earlier suit for declaration of title and permanent injunction - Suit decreed for declaration and suit for permanent injunction decreed partly but holding that plaintiff was not in possession - Subsequent suit for possession - Not barred...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Sale deed to be executed upto 4.5.1989 - Suit for injunction restraining vendor from selling property to anyone else Tiled in April 1989 - Suit for specific performance filed on 22.8.1989 - Held, by filing the earlier suit for injunction the vendee was not precluded from filing the suit for specific..........
Consumer Protection Act, 1986, Section 2, 17 -- Allotment of plot - Deficiency in service - Possession not delivered despite repeated reminders - Deficiency proved - Order of District Forum directing HUDA to deliver plot upheld...........
Consumer Protection Act, 1986, Section 2(1)(g), 17 -- Post Office Act, Section 6 - Money order - Delay of 9 months in delivery - Interest awarded by District Forum - Department rightly held liable for default of delay in payment...........
Consumer Protection Act, 1986, Section 2 -- Telephone - Installation - Serious note should not be taken of the conduct of Sh.N.K.Sharma which has been commented upon by the District Forum - Telephone has already been installed after the order was passed by the District Forum as stated - Special costs of Rs.500/- to be deducted from the pay of Sh.N.K.Sharma is withdrawn -..........
