Consumer Protection Act, 1986, Section 2(1)(o), 21(c), Indian Contract Act, 1872, Section 171 -- Banking - Lien - Complainant has given specific instructions to the Bank to keep a lien over the amount due to him so long as the money under the guarantee remains unpaid/due - City Civil Court, Ahmedabad has passed a decree against M/s.C.Mahendra & Co. and its partners for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Allowed - Written statement to amended plaint - New pleas raised - Held, written statement so filed is valid as defendant has unrestricted power in absence of restriction by trial Court...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - By father against son seeking prayer restraining the defendant from interfering in possession and from raising any construction - Joint Hindu Family property -Defendant also residing in the house being a co-parcener - Held, as the defendant has a right in the joint family property no-injunction..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointed to see the condition of site in question - Local Commissioner was not called upon to determine the possession of the parties - Exceeded his jurisdiction - The sanctity of the report of the local commissioner has been lost and it cannot be read for the purpose of dis-advantage for the defendant...........
Transfer of Property Act, 1882, Section 105 -- Lease or licence - Alleged oral agreement of lease and consequential acceptance of payment of enhanced rent and payment of premium - No convincing material on record on the basis of which, it could be established by the defendant - Finding against defendant that he was inducted as a lessee on revised terms on the basis of an..........
Civil Procedure Code, 1908, Order 8, Rule 6, 6A, 6B, 6C, 6D, 6E, 6F, 6G -- Counter claim - Suit for injunction - Defendant can also claim injunction against plaintiff by way of counter claim - He can claim any right by way of counter claim in respect of any cause of action that has accrued to him even though it is independent of the cause of action arrived by the..........
Civil Procedure Code, 1908, Order 8, Rule 6, 6A, 6B, 6C, 6D, 6E, 6F, 6G -- Counter claim - Suit for injunction - Defendant can also claim injunction against plaintiff by way of counter claim - He can claim any right by way of counter claim in respect of any cause of action that has accrued to him even though it is independent of the cause of action arrived by the plaintiff..........
Partition -- Defendant in possession - No prayer made for recovery of possession - Simple suit for partition is not maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Partition suit - Appeal - Death of appellant during pendency of appeal - Defendant No.1 transposed as appellant - Stubborn attitude and conduct of petitioner - Inspite of objections raised legal representatives of deceased appellant not substituted and defendant No.1 claimed himself to be sole representative - Substitution of..........
Consolidation of suits -- Two suits by two different persons for specific performance of agreement to sell of the same property - Agreement in question executed by one and the same person - Plaintiff in later suit impleaded as defendant in former suit - Both suits consolidated making former suit as leading case...........
