Civil Procedure Code, 1908, Order 21, Rule 2(2) -- Eviction decree - Execution - Fresh lease during pendency of execution outside Court - Fresh least amounts to adjustment or satisfaction of decree - Application for recording of compromise must be made within 30 days of execution of fresh lease - In absence of recording of compromise, landlord is entitled to have decree..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Motor Vehicles Act, 1988, Section 4(2) - Insurance claim - Driving licence invalid - The driver who was driving bus at the time of accident was issued licence contrary to provision of Section 4 of the 1988 Act when he was below 18 years of age and it was to `drive motor cycle without gear, motor cycle with gear and Light..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Banking service - Release of securities - The loan taken by the complainant from the Bank discharged or the working capital has been closed - Demand by complainant to Bank for release of securities and return of documents - Held that such a dispute will perfectly come under the purview of the CP Act - The..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Telephone system - For business purpose - Installed in the premises of the factory belonging to the complainant - The complainant held not a consumer as defined under the Act - He cannot maintain complaint under the Act...........
Railways Act, 1989, Section 124A, 123(c)(2), 2(28) -- Travelling in a coach other than the one in which seat or birth is reserved - Such passenger is a bonafide passenger...........
Railways Act, 1989, Section 124A, 123(c)(2), 2(28) -- Pass to travel in first class - Deceased travelling in second class - A passenger travelling in a coach other than the one in which his seat or berth is reserved is a bonafide passenger - Claimants are entitled to compensation - Pass is an authority by the Railways enabling a person to travel as a passenger - It is..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(d) -- Contract Act, 1872, Section 73 - Banking Services - Interest - Call deposit - Non-payment of maturity amount - Plea of appellant-Bank that all deposits at higher rates issued by mistake and also conversion thereof into FDRs from retrospective effect was done inadvertently - Held that it could not be said that..........
Consumer Protection Act, 1986, Section 3, 2(1)d) -- U.P. Cold Storage Act - Additional remedy - Cold storage - Deficiency in service - Plea of appellant/OP that complaint before Fora not maintainable as the dispute is to be tried by the Cold Storage Tribunal in view of U.P. Cold Storage Act repelled - Held that complainants have made out a case of deficiency in service..........
Specific Relief Act, 1963, Section 41, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 108(j) -- Lease of land for floor mill - Lessee given permission to raise building for flour mill and make other construction ancillary to flour mill - Lessee started construction of shopping complex to give the same on lease in violation of lease..........
Civil Procedure Code, 1908, Order 2, Rule 1 -- Suit - Challenging settlement deed - Executed between member of the Society - Said suit filed by Society itself and not in representative capacity - Said defect in framing of suit should not stand in way of granting decree in favour of society if society is otherwise entitled to it...........
