Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - When a case or any part thereof may be disposed of on an issue of law only, Court may try that issue first, if that issue relates to : (a) jurisdiction of the Court; or (b) a bar to the suit created by any law for the time being in force...........
Consumer Protection Act, 1986, Section 2(1), 2(d), 2(m), Partnership Act, 1932, Section 69 -- Complaint maintainability - Unregistered firm - Held that the institution of a complaint by the partner of a firm in the name of the firm did not suffer from any disqualifications as the 'person' defined u/s 2(1) (d) (m) of the CP Act includes firm whether registered or not...........
Consumer Protection Act, 1986, Section 2(1)(e), 13(1)(c), 14(1)(d) -- Spurious soft drink - Absence of test report - Compensation - Enhancement of compensation - Two bottles of soft drink produced before the Commission wherein in one bottle there appears a housefly lying in it which is visible with naked eye - Other bottle also has a foreign object - Finding returned by..........
Jammu and Kashmir Civil Procedure Code, 1977, Order 12, Rule 4, Jammu and Kashmir Civil Procedure Code, 1977, Order 37, Rule 2, 3, 4, 5 -..........
Punjab Urban Estates (Sale of Sites) Rules, 1965, Rule 2(aa), 2(e), 4, 5 -- Punjab Urban Estates (Development and Regulation) Act, 1964 - 'Provisional price', 'tentative price' - There is nothing in the Act or Rules from which it can be inferred that tentative price is synonymous with the provisional price and that a person to whom the plot has been allotted on provisional..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for mandatory injunction directing defendants to execute a fresh agreement to sell in accordance with the agreement of sale and get the same registered and deliver the same to plaintiff - Ad interim injunction also sought on the plea that defendants are negotiating for selling the land in..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Interim injunction - Violation - Ad interim injunction granted directed defendant No.1 shall not convene any meeting of the Trust to discuss the agenda - However meeting was convened - Application filed U.O.39.R.2-A CPC against Secretary for violation of stay order - Application disallowed - Held, meeting was convened vide..........
Industrial Disputes Act, 1947, Section 2(oo), 25F -- Termination - Compensation in lieu of reinstatement - The management - witness has specifically stated that there was no post of water - carrier in existence in the Accounts Training Institute, where the petitioner was working and there is no evidence to the contrary - The Labour Court, thus, could not have passed an..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Plot - Surrender of plot - Refund made which was accepted by the complainant without any protest - After surrender of the plot and getting refund of the deposited amount the complainant is not 'Consumer' of the OP - The complainant cannot claim restoration of plot...........
Consumer Protection Act, 1986, Section 2(1)(g), 15, 24A -- Appeal - Limitation - Banking service - Loan - To young unemployed youth under Prime Minister's Rozgar Yojna - First instatlment of loan for Rs. 20,000/ - paid to the respondent complainant - Second instalment of loan amounting to Rs. 27,000/ - for working capital DD issued to dealer for supply of material to the..........
