Telegraph Act, 1885, Section 25(c), 20A, 2(1AA), Indian Penal Code, 1860, Section 425 -- Framing of charge - Challenge as to - Illegal utilisation of leased data circuits by bypassing the VSNL gateway by petitioners -Allegations contained in the FIR and the charge-sheet indicate the usage of MTNL lines would come within the definition of utilisation of any telegraph..........
Land Acquisition Act, 1894, Section 4, 6, Forest (Conversation) Act, 1890, Section 2 -- Forest Land - Notification for acquiring land - Challenged - Relying on Apex Courts judgments in Supreme Court Monitering Committee (1997) 11 SCC 605 & T.N. Godawarman Thirumulkpad etc. AIR 1997 SC 1228 it is contended that land developed as forest could not be used for other purpose..........
Uttar Pradesh Children Act, 1951, Section 2(4) -- Plea that appellant is a child not taken at the earliest possible opportunity - On his own showing appellant was nearly 17 years of age at he time of occurrence - Appellant cannot be said to be a child and was not entitled to benefit under the Act...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Insurance claim - Consumer - Subrogation - A letter of `assignment' as well as letter of `subrogation' and general power of attorney has been executed by the first respondent in favour of the second respondent Insurance Company - Insurance Company cannot be a `Consumer' within the meaning of CP Act for he had not hired the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Transfer of Property Act, 1882, S.60 - Contract Act, 1872, S.171 - Banking service - General lien - Loan - Deposit of document - Non-return after the loan amount returned - Documents not released as the appellants stood guarantee for other firms - Held that notwithstanding the provisions under Section 60 of the TP Act, the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Petitioner filed suit for permanent injunction - Trial Court held defendants cannot be restrained from raising construction on their own land in their possession - Status quo ordered regarding natural flow of water - Petitioner filed appeal - Dismissed - Concurrent findings - No document on record to prima facie prove that..........
Civil Procedure Code, 1908, Section 95, Order 39, Rule 1, 2 -- Temporary injunction - While granting injunction Court can impose reasonable condition to prevent & discourage frivolous litigation - In the instant case imposing a condition of furnishing a solvent security in the sum of Rs.50, 000/- held reasonable in circumstances of the case...........
Civil Procedure Code, 1908, Section 95, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining sale of suit property to any other person - Oral agreement to sell - Court while granting temporary injunction can impose reasonable condition to prevent and discourage frivolous litigation - Imposing a condition of furnishing solvent security..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Against Co-sharer - No injunction can be granted against co-sharer in exclusive possession of his share especially when the plaintiff (co-sharer) himself has been in exclusive possession or has been utilizing his share. M/s DCM Shriram's case, 2006 (1) PLJ 123 relied...........
Consumer Protection Act, 1986, Section 2(1),(d),(ii) -- Consumer - Medical services - Even if the complainants left hospital for further treatment of the baby, without making payment of the bill of the Doctors or the hospital, the payment was promised to be made at the time when they were admitted in the OP 6 hospital - Once there is promise of payment as per provisions of..........
