Consumer Protection Act, 1986, Section 15 -- Haryana Consumer Protection Rules, 1988, R.4(10) - Appeal to State Commission - Limitation - Starting point is the date of communication of order by District Forum and not the date of pronouncement of order by it...........
Civil Procedure Code, 1908, Section I00 -- Second appeal - Misreading of oral evidence by trial Court - Appellate Court reversing finding of trial Court by drawing logical conclusions - Inferences drawn on basis thereof cannot be said to be merely based on conjecture and surmises - Such conclusions of lower appellate Court are findings of fact - Cannot be interfered in..........
Easement Act, 1882, Section 15, Civil Procedure Code, 1908, Order 41, Rule 2 -- Second appeal - New plea - Plea as to right of passage acquired by easement of prescription - Plea not raised in written statement filed in a suit for injunction to restrain party from using passage - Plea requiring finding whether passage is used continuously for over twenty years - Plea..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside -When appeal against exparte decree is dismissed as not maintainable the application for setting aside exparte decree U.O.9.R.13 CPC is to be decided on merits and not on ground of non maintainability on doctrine of merger...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 249, Limitation Act, 1963, Section 2(h) -- Dishonour of cheque - Complaint - Dismissed for non prosecution on 21.9.1991 - On same day restoration application filed -Complaint restored - Revision against - Revision allowed by Sessions Judge -Thereafter complainant filing appeal against..........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Restraining Improvement Trust from demolishing construction - Construction raised in violation of sanctioned plan - Trial Court refused injunction on ground that plaintiff has no prima facie case - In appeal, order of trial Court set aside and injunction granted restraining defendant from demolishing..........
Civil Procedure Code, 1908, Section 144 -- Power to order restitution is given to the Court of first instance - Exparte eviction decree - In execution landlord taking possession - In appeal by tenant challenging exparte decree. Appellate Court setting aside decree and also ordering restitution of premises - Held, Appellate Court not right in ordering restitution - It could..........
Civil Procedure Code, 1908, Order 1, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Necessary parties - Co-owners - One of several co-owners can recover possession from trespasser without impleading other co-owners - But for suit for declaration of title all co-owners are necessary parties and non-impleading of any one of them would be fatal defect which cannot be..........
Constitution of India, 1950, Article 226 -- Electricity - Dues - Accuracy of demand - Question is a factual one - Remedy of appeal under Rule 29 of Electricity Rules, 1956 is available - Writ jurisdiction cannot be invoked. (Electricity Rules, 1956, R.29)..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- One of the defendants died at first appellate stage - Decree of trial Court reversed in appeal - Application for substitution, condonation of delay and setting aside abatement filed in second appeal - Decree passed by lower appellate Court being against dead person set aside - Matter remitted back to first appellate Court..........
