Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Disobedience or breach - Jurisdiction - A subsequent decision that the Court had no jurisdiction to entertain the suit does not render interim orders passed earlier non est or without jurisdiction - A party committing breach of such orders cannot escape the consequences of such disobedience and violation..........
Civil Procedure Code, 1908, Section 94(c), Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 12, 2(b) -- Order prohibiting creating any interest in favour of third party either by sale, mortgage, transfer, assignment, gift or 'in any other manner whatsoever' - Held, entering into an agreement or acceptance of full or even part consideration is hit by said order and..........
Contempt of Courts Act, 1971, Section 12, 2(b) -- Civil contempt - Conditions must be satisfied before a person can be held to have committed a civil contempt : (i) there must be a judgment, decree, direction, order, writ or other process of a Court (or an undertaking given to a Court); (ii) there must be disobedience to such judgment, decree, direction, order, writ or..........
Contempt of Courts Act, 1971, Section 12, 2(b) -- Civil contempt - Apology - If not offered at the earliest opportunity then the same is liable to be rejected - If apology is offered at the time when the contemnor finds that the Court is going to impose punishment it ceases to be an apology and becomes an act of a cringing coward...........
Criminal Procedure Code, 1973, Section 2(h) -- Investigation - Power of Court to monitor investigation - In a case where Magistrate finds that the police has not done its duty of investigating the case at all or has not done it satisfactorily, he can issue a direction to police to do the investigation properly and can monitor the same - Court can direct the IO to question..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii), Marine Insurance Act, 1963, Section 52 -- Consumer - Beneficiary - Insurance claim - Subrogation - What was assigned/transferred was no objection to the claiming of compensation and getting by appellant No.2 the compensation - Assuming that the policy in question was assigned by insured in favour of appellant No.2 and by..........
Consumer Protection Act, 1986, Section 2(1)(g), Post Office Act, 1898, Section 6 -- Postal service - Wrong delivery of letter - Compensation - GPF sanction letter delivered to some college instead of the school of the complainant - Delay occurred in drawal of GPF amount of more than 11 lacs for nearly three months and consequently loss of interest on the amount - Reliance..........
Consumer Protection Act, 1986, Section 2(1)(c), Post Offices Act, 1898, Section 6 -- Postal service - Wrong delivery of letter - Complaint - Necessary party - GPF sanction letter delivered to some college instead of the school of the complainant - Delay occurred in drawal of GPF amount of more than 11 lacs for nearly three months and consequently loss of interest on the..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Residential Flat Registration Scheme for Slum Dwellers - Registration of flat - Deposit refund - Interest - Money retained by petitioner for 25 years - Plea that as per terms of Rule 6.4 of the Rules for initial period of one year rate of interest could be payable @ 7% p.a. - Keeping in view the delay of 25 years..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Postal service - Necessary party - Speed post envelope - Non receipt of envelop even after 14 days - Appellants sent the envelopethrough Singapore Airlines - Plea that Singapore Airlines is necessary party repelled - Held that complainant - respondents had got no concern with Singapore Airlines as they have not hired any..........
