Co-owner -- Court passed interim order requiring parties to maintain status quo in a suit for prohibitory injunction to restrain defendants from effecting construction on joint land and in case defendants succeeded in effecting construction that structure be demolished and land restored to its original position-Finding that plaintiffs joint owners and also in joint..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13, 13B -- Machinery provided by the Act if examined in the light of criterion laid down by Full Bench of Bombay High Court in Shripatrao's case AIR 1977 Bombay 384, then Authorities constituted under the Act may be covered by the expression Courts in Article 227(2) - Provisions of clause (2) of Article 227 may..........
Civil Procedure Code, 1908, Section 11 -- Previous suit by defendant for permanent injunction - Finding recorded in previous suit that defendant in possession of suit land not as a tenant but as a trespasser however plaintiff restrained from taking forcible possession except in due course of law - Relief restraining dispossession except in due course of law - Cannot be..........
Consumer Protection Act, 1986, Section 2(1),(g) -- Carriage by Air Act, 1972, Rules 22/25 of Second Schedule - Airlines - Deficiency in service - Compensation - Delivery of missing baggage had been delayed by three days and the purpose of the visit of the representatives of the appellant which was to promote business interest and was to set up booth was frustrated -..........
Civil Procedure Code, 1908, Order 20, Rule 12A, Specific Relief Act, 1963, Section 28 -- Extension of time for deposit of money - Decree for specific performance of contract - Direction by Court while passing decree, to plaintiff to deposit amount within specified period and that on failure of plaintiff, the suit would be dismissed - Failure of plaintiff to deposit amount..........
Indian Penal Code, 1860, Section 84 -- Insanity - Burden of proof - AIR 1984 SC 1563 followed wherein held: (1) Prosecution must prove beyond reasonable doubt that the accused committed the offence with the requisite mens rea and the burden of proving that always rests upon the prosecution (2) There is a rebuttable presumption that the accused was not insane when he..........
Airlines -- Deficiency in service - Complainant who was having a valid Air ticket from Delhi to Paris-New York-Frankfurt-Delhi - was stopped from proceeding further from France to America as visa when put to check, found to be anomalous - The visa of the complainant was found to be defective by the Immigration authorities and not by the Air courier - The visa which was..........
Airlines -- Travel agent services - Air ticket - Purchased through agents of the Airways - Boarding denied on the ground that the ticket was not having O.K. status and not confirmed - Reason offered not substantiated - Non-production of the relevant material by Airways generating an adverse inference against them - Airways and both agents held jointly and severally liable..........
Criminal Procedure Code, 1973, Section 200, 203, 204 -- Complaint - Exclusively triable by Court of Sessions - At the stage of Ss.203, 204 Magistrate is not to weigh the evidence meticulously as if he were the trial Court - If there is prima facie evidence in support of the allegations in the complaint that will be sufficient ground for issuing process to the accused and..........
Consumer Protection Act, 1986, Section 11(2),(b) -- Territorial jurisdiction - Air ticket purchased by complainant at Ottappalam in Kerala from agents of Air India who was having its head office in Coimbatore in the State of Tamil Nadu - Air India has offices all over the country and can defend the case against it - Kerala State Commission held to have jurisdiction in the..........
