Civil Procedure Code, 1908, Order 20, Rule 21 -- Mesne profits - Grant of - Plaintiffs/appellants did not make any averments regarding factum of entitlement of mesne profit to appellants - Further, relief clause in plaint also does not contain any prayer for mesne profits - Held, since plaint is bereft of any pleadings in respect of mesne profit, court is compelled to hold..........
Constitution of India, 1950, Article 102(1)(a), 191, Representation of the Peoples Act, 1951, Section 100(1)(A) -- Election - Holding "office of profit" - Returned candidate is an elected director from the Growers constituency on the Board of Corporation - Held, returned candidate was holding an elected office and not an office by appointment - Returned candidate is not..........
Constitution of India, 1950, Article 102(1)(a), 191, Representation of the Peoples Act, 1951, Section 100(1)(a) -- Election - Holding `office of profit' - Determination of - Held, one of the essential necessities in determining question whether office is an `office of profit' or not is whether such office carries remuneration in the form of pay or commission - As an..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - 40 colour Doppler Ultrasound Scanner - Finding by the State Commission that the diagnostic centre was set up by appellant with declared objective of earning profit - The plea that his actual earning is below that of his colleagues working in Government and private hospitals cannot have any..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - 4D colour Doppler Ultrasound Scanner - Finding by the State Commission that the diagnostic centre was set up by appellant with declared objective of earning profit - The plea that his actual earning is below that of his colleagues working in Government and private hospitals cannot have any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - If injunction is granted on the basis of false pleadings or forged documents, then Court must impose costs, grant realistic or actual mesne profits and/or order prosecution - This must be done to discourage the dishonest and unscrupulous litigant from abusing the judicial system - Court has..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Banking service - Fixed deposit - FCNR(B) account - Commercial purpose - Held that where an individual simply makes a deposit of certain amount in a bank in some term deposit scheme, by doing so, he cannot be said to have indulged in a commercial activity - Any investment in such a scheme would certainly earn..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Banking service - Fixed deposit - FCNR(B) account - Commercial purpose - Held that where an individual simply makes a deposit of certain amount in a bank in some term deposit scheme, by doing so, he cannot be said to have indulged in a commercial activity - Any investment in such a scheme would certainly earn..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Banking service - Fixed deposit - FCNR(B) account - Commercial purpose - Held that where an individual simply makes a deposit of certain amount in a bank in some term deposit scheme, by doing so, he cannot be said to have indulged in a commercial activity - Any investment in such a scheme would certainly earn..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction of tenant sought on ground of non payment of rent - Eviction ordered - Tenant not vacating premises - Held, once tenant is evicted under this Act, he is said to be a statutory tenant and liable to pay mesne profit for continuous use of demised premises...........
