Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Vacant site - Possession - In a case of vacant site the principle is that possession follows title - If two persons claim to be in possession of a vacant site, then one who is able to establish title thereto will be considered to be in possession as against the person who is not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Injunction - To get relief of injunction plaintiff has to establish that on date of suit he was in lawful possession of suit property and defendant tried to interfere or disturb such lawful possession...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Absence of pleadings - No amount of evidence or arguments can be looked into in absence of pleadings and issues...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Policy - Renewal of - Insurance claim - Repudiation - Compensation - At the time of issuance of renewed policy mistake committed by officer of the Insurance Company in not bifurcating the godown at Bedeshwar and by not mentioning two godowns - Insurer cannot take advantage of its own wrong and the contract remains..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Beneficiary - Telegram - Non - receipt of - Telegram sent by son to father fixing date for negotiation of marriage of his sister not received and negotiation could not take place - Complaint for deficiency of service filed by father held maintainable - The payment of Rs. 18/ - as consideration for express..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Telegraph service - Telegram - Non receipt of - Telegram sent by son to father fixing date for negotiation of marriage of his sister not received and negotiation could not take place - It would be appropriate to award a sum of Rs.5,000/ - as compensation along with Rs. 18/ - consideration for express telegram...........
Civil Procedure Code, 1908, Order 21, Rule 2, Limitation Act, 1963, Section 5 -- Application U.O.21.R.2 - Provision of S.5 of Limitation Act is not applicable...........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Adjustment - If not recorded as required U.O.21.R.2 CPC it cannot be recognized by the executing Court and the executability of the decree is not be effected...........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Adjustment - Not recorded within time - S.5 of Limitation Act is not applicable - Alleged compromise does not effect executability of the decree and execution is not liable to be struck off/dismissed on the basis of compromise...........
Consumer Protection Act, 1986, Section 2(1)(g) , 2(1)(r) -- Airlines - Unfair trade practice - Defective seat - Not having reclining facility - Foot rest did not work and seat belts got struck not retrieved - Complainant a senior citizen aged 72 years travelled without safety belt in non reclining seat - Malfunctioning of seat within the knowledge of OP - OP adopted unfair..........
