Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Definition of S.2(1)(r) is an inclusive one, and is not exhaustive of sub-clauses (i) to (x) therein...........
Consumer protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Chandigarh resident purchasing car from Delhi - No mandatory requirement for a resident of Chandigarh to have a catalytic converter in his car whereas it was so in Delhi, Bombay, Calcutta and Madras - Claimant did not get the said part fitted in his car - Claimant charged for catalytic converter -..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Earlier suit for permanent injunction filed - Suit dismissed in default - Again a suit for permanent injunction filed which was got dismissed as withdrawn - By that time, cause of action to file suit for specific performance has not arisen - Held, suit is not barred by O.2.R.2 CPC...........
Insurance Act, 1938, Section 2(d) -- `Material' - Means and includes all 'important', 'essential' and 'relevant' information in the context of guiding the insurer to decide whether to undertake the risk or not...........
Insurance Act, 1938, Section 2(d) -- Material fact - Any fact which would influence the judgment of a prudent insurer in fixing the premium or determining whether he would like to accept the risk - Any fact which goes to the root of the Contract of Insurance and has a bearing on the risk involved would be `material'...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Possession delivered in execution of decree - High Court in revision passed an interim order directing D.H. to redeliver possession to J.D. - As possession is delivered in execution of decree as such there is no question to pass interim mandatory injunction directing D.H. to redeliver..........
Negotiable Instruments Act, 1881, Section 138, Banker's Books Evidence Act, 1891, Section 4, 2(3) -- Dishonour of cheque - Memo of dishonour - Mode of proof and evidentiary value attached to certain document u/s 4 of Bankers Books Evidence Act is not available to a memo of dishonour...........
Civil Procedure Code, 1908, Section 9, 21, 43B, Order 7, Rule 2 - - Trust property - Jurisdiction of civil court - Specific dispute as to whether suit property is a trust property or not - Held, where dispute relates to decision with regard to immovable property as to whether it belongs to or is a property of a particular trust or not, it can be considered and decided by a..........
Civil Procedure Code, 1908, Order 21, Rule 2, Limitation Act, 1963, Section 5, Article 125 -- Settlement out of Court - Recording of satisfaction - No period of limitation is prescribed when D.H. applies - However, J.D. must file an application for recording the settlement outside the Court, within thirty days from the date of settlement - S.5 of Limitation Act is not..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Settlement out of Court - When memo filed at the instance of D.H. no further verification is required - Recording satisfaction at the instance of J.D. requires issuance of notice to D.H. and a semblance of enquiry and it is only when D.H. admits the settlement that the satisfaction can be recorded...........
