Consumer Protection Act, 1986, Section 2 -- Post Office Savings Bank Manual, Volume I, Rule 30(1) - Opening of account - Deficiency in service - Account opened in contravention of rules - Post Office was required to return the amount of accounts referred to above on coming to know that such accounts were opened in contravention of the rule - After deduction of money order..........
Capital of Punjab (Development and Regulation) Act, 1952 -- Chandigarh (Sale of Sites and Building) (Amendment) Rules 1979, Rule 11-D - Resumption of property - Section 8-A inserted with retrospective effect from 1966 is neither arbitrary nor violative of Art. 14 of Constitution since it has in built procedure of giving opportunity and right to adduce evidence and..........
Consumer Protection Act, 1986, Section 2 -- H.P. State Consumer Protection Rules, Rule 11 - Complaint - Dismissed in default - Whether the complaint dismissed by the Distt. Forum in default can be restored - Held - Yes - Distt. Forum exercise quasi judicial powers and have the trapping of Civil Court, have inherent powers to recall the order of dismissal in default if..........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 8 -- Deity - Every person who does not claim any interest adverse to the deity and believes in deity is entitled to file a suit for possession on behalf of the deity to protect its property - Section 92 or Order 1 Rule 8 is not applicable - All the de facto trustees are not necessary parties...........
Consumer Protection Act, 1986, Section 13 -- Haryana Consumer Protection Rules, 1988, Rule 4 - Complaint - Dismissal in default - Res judicata - District Forum exercising its jurisdiction by dismissing a complaint in default - Effect of order cannot be nullified by filing a fresh complaint on same cause of action simply because limitation has not expired...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, Civil Procedure Code, 1908, Order 9, Rule 2 -- Suit dismissed against few defendants under Order 9 Rule 2 - Plaintiff can proceed with the suit against other defendants - Proceeding ex parte against the other defendants would also not affect the suit proceeding against the remaining sole defendant...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Counsel requested for deleting name of first defendant on being informed of his death - The effect is that decree against him has become final Any decree against legal representative of second dependant would be inconsistent - Filing of an application later is of no avail - Order 22 Rule 4(4) CPC is not applicable - SLP..........
Punjab Land Revenue Act, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Death of a share-holder during pendency of partition proceedings-Partition proceedings continued and L. R.s of deceased share-holder not brought on record-Advocate engaged by share-holder throughout represented him (even after his death)-Either pleader representing share-holder (since..........
Consumer Protection Act, 1986, Section 13, 14(2) -- Haryana Consumer Protection Rules, 1988, Rule 4 - Procedure - Interim order signed by the President of Forum singly - Validity - Proceedings which are preliminary in nature are not required to be signed by all the members attending the proceedings...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22, 23 -- Order passed under O.21.R.23(2) operates as res judicata in all further proceedings - If notice under Order 21 Rule 22 is not given objection to executability can be raised at a later stage...........
