Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Exparte eviction order - Setting aside - Substituted service allowed as premises found locked - Plea of tenant that as premises were locked as such summons sent at this address cannot be considered duly served - However, tenant in reply to notice specifically denied the allegation..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Post Office Guide (Part I), Rules 253,254 - Postal Service - Indian Postal Order - Repayment of value - Claim by purchaser - Case of the respondent - complainant that IPO purchased by him on 5.4.1999 had been taken by a person from him by misrepresentation - Stop payment request made on 15.4.1999 by the respondent -..........
Consumer Protection Act, 1986, Section 2(1)(s) -- Shares - Transfer of shares - Service - Since the shares belongs to the petitioner - company, even if they be floating in the open market, the right of a purchaser would accrue only after the endorsement of its transfer to the purchaser by the company by dealing the name of the erstwhile buyer - The same would amount to..........
Consumer Protection Act, 1986, Section 2(1)(g), 3, Negotiable Instruments Act, 1881, Section 138 -- Deposit - Refund - Dishonour of cheque - Additional remedy - Petitioners/OP in their reply to the complaint before the District Forum have been quite ambivalent and have not clearly stated that the sum of Rs. 3.00 lakh was neither received by them nor have they denied that..........
Banking service -- Home loan - Interest rate - Resetting of - Without intimation to the complainant - There is a clear deficiency on the part of the Bank in not informing the complainant about the resetting of rate of interest - The entire account of the complainant required to be overhauled strictly as per the terms of two loan agreements - OP Bank liable to pay..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex-parte decree - Setting aside - Plea of fraud and condonation of delay - Plea of appellant that some advocate presented vakalatnama on his behalf without his authority and knowledge - Non-service of summons to appellant - Considering that appellant got knowledge of decree very late - Delay..........
Madhya Pradesh Accommodation Control Act, 1961, Section 23(J)(i) -- Specified landlord - Landlord in govt. service - Landlord let out his shop through his uncle - After retiring from service, landlord sought eviction of the tenant from the shop u/s 23(J)(i) of the Act - Held, landlord is a specified landlord in terms of section 23(j)(i) of the Act - Petition hence..........
Service -- Retrenchment - Procedural details for seeking prior permission of the appropriate government for carrying out retrenchment u/s 25-N of Industrial Disputes Act, 1947 are laid down in Rule 76-A of the Industrial Disputes Central Rules - Application for permission for retrenchment is to be made in Form PA and that requires the employer to furnish all the relevant..........
Service -- Retrenchment - Can only be effected by following the provisions laid down under the Act and the Rules - It is not open to the management to make a demand/proposal for retrenchment of workmen and disregarding the provisions of the Act by asking the government to refer the demand/dispute under S.10(1) of Industrial Disputes Act, 1947 to the tribunal for..........
Consumer Protection Act, 1986, Section 2(1)(g) , 2(1)(r)(vi) , 14(1)(d) -- Training programme - Deficiency in service - Unfair trade practice - Tesol certificate programme - Advertisement in the newspaper and brochure of training programme allured the complainants to join the institute with a 100% job guarantee - OP failed to provide any job to the complainants - No..........
