Consumer Protection Act, 1986, Section 2(1)(d), 21 -- Deficiency in service - Failure to follow instructions of the consignor claimed as deficiency in service as well as claimed to be violative of Rule 12(24) of the Carriage by Air Act, 1972 - State Commission leaving the complainant to its remedy by way of civil suit - Order upheld...........
Civil Procedure Code, 1908, Order 21, Rule 89, 92 -- Auction sale - Setting aside under rule 92 - Order is appealable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Implementation - Police help - Court is not precluded from issuing direction to police for enforcement of order of temporary injunction at the instance of party apprehending disobedience of that order - Held, remedy provided under Rule 2(a) of O.39 is not exhaustive and Court can pass appropriate..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 103 -- An application filed U.O.21.R.35(3) or S.47 is to be treated as an application U.O.21.R.97 and is required to be adjudicated under rule 98 - Dispossession of the applicant from the property in execution is not a condition for declining to entertain the application - The order is treated as a decree U.O.21.R.103 and..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction - Violation - Contempt - Court is to find out whether construction is made in violation of injunction order - Observations of the contempt Court that the construction being made was not in breach of any rule, not called for...........
Civil Procedure Code, 1908, Section 64, Order 39, Rule 2-A -- Defendant giving undertaking not to alienate property pending suit - Defendant subsequently alienating property - Violation of such undertaking amounts to violation of injunction order - Though alienation may be void under S.64 of the Code still defendants are liable to be punished under order 39 Rule 2-A of the..........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Husband filed petition u/s 9 Hindu Marriage Act - Ad interim injunction restraining wife from remarrying - Injunction cannot be granted - In a matrimonial proceeding not being a proceeding of the nature specified in clauses (a), (b) or (c) of Rule 1 or in sub-rule (1) of Rule 2 of O.39,..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2 -- O.2.R.2 is not a bar for invocation of O.6.R.17 for amendment of plaint - Amendment of plaint seeking mandatory injunction to close water channel existing on the date of suit - Seeking such a relief barred under order 2 rule 2 CPC only in a subsequent suit and not in the same suit..........
Civil Procedure Code, 1908, Section 92, 115 -- Permission to sue - Order passed without giving opportunity of hearing to defendants - Neither illegal nor amounts to material irregularity in eyes of law - As such, no revision against that order is maintainable - Moreover, requirement of giving notice in disposal of application under Section 92 is merely a rule of caution..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Exparte ejectment order -Petitioner not to be dispossessed in execution of exparte decree till final decision on application under order 9 rule 13 CPC...........
