Consumer Protection Act, 1986, Section 1(4),2(d),2(e),2(o) -- Pension dispute - Whether a Consumer Dispute? - Held No - Complaint by Respondent No.3 u/s 12 of the Act, alleging harassment, irresponsible attitude and bahaviour of certain officials of the Central Pension Accounting Office held not maintainable - Respondent No.2 by stretch of any imagination cannot bring..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction in a suit for declaration that orders for restoration of Khal for two crops of Sub Divisional Canal Officer and Divisional Canal Officer illegal, null, void and without jurisdiction - Orders passed after Sub Divisional Canal Officer visited the spot and verified the averments and relief granted for two..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Petrol pump - Violation of agreement - Change of constitution of firm i.e. proprietorship firm to partnership firm without prior permission of grantor/licensor - Contract terminated - Not entitled to injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Violation of agreement - Agreement revoked - Whether an opportunity for rectifying the defect prior to revoking the agreement was afforded or not can only be considered when the suit is taken up for hearing and not at the stage for considering the prayer for interlocutory order of injunction...........
Civil Procedure Code, 1908, Order 41, Rule 1(3) -- Direction for deposit of decretal amount - Non compliance - It is only the application for stay of execution which can be dismissed and not the appeal...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Not to be appointed as a matter of course - As it is a harsh remedy, discretion must be exercised with care and caution - An order of appointment of receiver should not be made where it has the effect of depriving of a party defacto possession which it may cause irreparable loss...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Partnership firm - L.R's of deceased partner, who died during pendency of suit, seeking appointment of receiver - L.R's are non-partners of the firm - Receiver cannot be appointed at the instance of non-partners...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Decision of a Court overlooking the decision of Supreme Court - Constitutes an error apparent on the face of record justifying the review...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Unlawful possession or possession without any right to be lawfully in possession of the property - Plaintiff not entitled to injunction against the true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Suit for specific performance - Restraint order from interference with possession sought - Agreement denied by vendor - Vendor alleged possession of another vendee under registered sale deed - Plaintiff admittedly in possession - Plaintiff having prima facie case on raising a..........
