Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Service - Provident Fund Organization - Plea that appellant/OPs is a statutory Body and complaint against it not maintainable repelled - Held that the employees of the Provident Fund Scheme which levies administrative charges for the service rendered is covered within the ambit of service as defined in the CP Act..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Can be partly preliminary and partly final...........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Plot allotment - Oustees scheme - Petitioners received compensation for the acquired land - Allotment of residential plot under the oustees scheme is made as a gesture of goodwill - No element of 'hiring of service for consideration' of the respondent authority by the petitioners involved in such allotment -..........
Consumer Protection Act, 1986, Section 2(1)(o) -- Service - Sovereign function - Statutory function - Obligatory functions - Held that sovereign functions of any Government or public or statutory authority or civic body are quite distinct from statutory functions - Statutory functions are also distinct from obligatory functions particularly the benefits of which are made..........
Consumer Protection Act, 1986, Section 2(1)(g) , 12 , 14(1)(d) -- Civic body - Obligatory functions - Deficiency in service - Where whole locality or localities and thousands of people being 'potential' users are affected by the non - performance of the obligatory functions by the public or statutory authority or civic body causing immense sufferings, financial loss,..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d), Delhi Municipal Act, 1947, Section 42 -- Civic body - Obligatory functions - Deficiency in service - Punitive damages - Unprecedented water - logging due to heavy rain throwing out of gear and control - MCD is visited with punitive damages of Rs. 45 lacs out of which Rs. 25,000/ - shall be paid to each of the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Stay of dispossession of defendant by plaintiff cannot be granted in a suit filed by plaintiff - Stay which can be granted on an application filed by a party to the suit is restricted to preventing the wasting, damaging, alienation, sale and removal of property...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Stay of dispossession of defendant by plaintiff cannot be granted in a suit filed by plaintiff U.O.39.Rr.1, 2 - Held, Court cannot grant injunction by taking recourse to S.151 CPC when application is not maintainable U.O.39.Rr.1, 2 CPC...........
Employee's State Insurance Act, 1948, Section 2(9) -- The term 'employee' - The definition of 'employee' under the Act cannot be understood to include within its scope just every person engaged by an employer - Employment necessarily involved a contract of service pursuant to which a person, called employee, enter into service of an employer in connection with some..........
Employee's State Insurance Act, 1948, Section 2(9) -- The term 'employment' - The term 'engagement' - Held that 'employment' denotes a larger concept than what is denoted by the term 'engagement' - Employment connotes a master and servant relationship and a concept of non casual service - Engagement connotes a casual employment, casually made for a casual work...........
