East Punjab Urban Rent Restriction Act, 1949, Section 2(f) -- Vacant unbuilt plot without any building existing upon it rented out - There is no presumption that it falls within the definition of S.2(f) of the Act...........
Railways Act, 1989, Section 124, 124A, 2(26) -- Death in an untoward incident - Deceased purchased a ticket but boarded a wrong train and died in an accidental fall - Deceased would be treated as bonafide passenger - Rs.4 lacs awarded as compensation...........
Constitution of India, 1950, Section 109, Article 133(1)(a), Order 45, Rule 2, 3 - - Civil proceeding - Appeal to Supreme Court - Certificate by High Court - Grant of - Held, a certificate can be granted only if court is satisfied that case involves a substantial question of law of general importance and that question needs to be decided by Supreme Court - Existence of..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Defendant made a statement that he will not demolish the wall - In view of statement case adjourned for filing written statement and reply to stay application - Written statement filed - Two days thereafter wall demolished - View taken by Courts below that statement of defendant that he shall not demolish wall was valid..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Application U.O.39.R.2-A CPC is not maintainable after dismissal of suit - However, in appropriate cases, the jurisdiction of High Court under the Contempt of Courts Act, 1971 could be invoked...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff claiming to be in possession and claiming obstruction - To claim his possession plaintiff relying on revenue record - Plaintiff's silence as to agreement of sale and Power of attorney relating to suit property speaks in volumes - Claim of defendant as to possession apparent - Plaintiff not..........
Industrial Disputes Act, 1947, Section 2(oo), 2(1)(ra) -- Termination - Unfair labour practice - The charge - sheet was specific but there was no proof - The charge - sheet proceeded even on a wrong basis that there was an illegal strike - The evidence only supported the case of some among the workmen as having resorted to strike - If the workmen had joined the strike, so..........
Consumer Protection Act, 1986, Section 2(1) , 14(1)(d) -- ESIC Medical Manual, Clause 3.30 - Employees State Insurance - Medical service - Medical reimbursement - Rejection of claim - Complainant had not gone to the General Hospital for the treatment of his daughter on his own - He had gone through on the advice and reference of the doctor of ESIC - OPs No. 2 and 3 cannot..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the stage of deciding application U.O.39.Rr.1, 2 read with S.151 CPC Court is not required to deal with the merits of the case - Court is required to see as to whether, any prima facie case existed in favour of the plaintiff, whether he was to suffer an irreparable loss, in case, the injunction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Mutation sanctioned showing Karta civily dead - Mutation does not confer any right - Unless it is finally decided by a competent Court of jurisdiction that Karta is civily dead it cannot be held that Karta is civily dead - Order granting injunction, upheld...........
