Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Suit or any part if can be disposed of an issue of law only then it can be treated as preliminary issue and if that issue relates to (a) the jurisdiction of the Court, or (b) a bar to the suit created by any law for the time being in force - Mixed issue of law and fact cannot be tried as a preliminary..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(o) -- Education - Examination - Consumer - Service - Deficiency in service - Held that performance of statutory duties by a University or College in laying down criteria/rules/regulations for conducting examinations, eligibility criteria for permitting the student to appear in examination or declaration of results of a..........
Consumer Protection Act, 1986, Section 2(1)(d);, 2(1)(o), 2(1)(r) -- Education - Consumer - Service - Unfair trade practice - Giving admission to the students in a school/college/institution/university by recovering fees and in such cases if there is any dispute with regard to the validity of such admission or illegality, irregularity committed by such institution in..........
Pepsu Occupancy Tenancy (Vesting of Proprietary Rights) Act, 1954, Section 2(h), 2(k) -- Vesting of proprietary rights in occupancy tenants - Predecessor in interest of petitioners recorded as occupancy tenant in jamabandi for the year 1949-50 - Continued as such in subsequent jamabandies - Person entered in jamabandi as occupancy tenant prior to commencement of Act shall..........
Pepsu Occupancy Tenancy (Vesting of Proprietary Rights) Act, 1954, Section 2(h), 3, Punjab Tenancy Act, 1887, Section 5 -- Occupancy tenant claiming proprietary rights in term of sec. 3 of the Act of 1953 - Claim resisted on ground that necessary ingredients to claim occupancy rights u/s 5 of the Punjab Tenancy Act, 1887 not proved - Status as 'Occupancy Tenant' to be..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Post Office Guide Part I, Clause 78 - Money order - Non payment of - Booking of money order for Rs.2,000/- on 27.11.1999 - Complaint filed on 09.02.2001 but till than the money order not received by the addressee - Plea of the Department that as per provisions of Clause 78 cf the Post Office Guide the complaint was to be..........
Consumer Protection Act, 1986, Section 2(1)(d), (g), 14(1)(d) -- Consumer - Partnership firm - Acceptance of deposit with the promise of giving attractive rate of interest with security of investment - Such a transaction clearly providing service for consideration deposit - The partnership is clearly consumer under the C.P. Act - The respondent cannot be absolved from the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Not possible to decide claim of plaintiff even prima facie on basis of materials available on record unless evidence is adduced by parties - Parties to maintain status quo pending suit...........
Consumer Protection Act, 1986, Section 2(1)(g), 13 -- Medical negligence - Adverse inference - Prescription of two dates was torn on its corner and there are certain indications indicating selective tearing of the prescription - Document from AIIMS had neither been got produced, nor otherwise proved - It would certainly lead to draw adverse inference against the..........
Consumer Protection Act, 1986, Section 2(1)(g), 21(a)(i), 26, Medical negligence -- Appeal Vexatious complaint - Costs - Due care and caution was not observed by the complainants in filing complaint - Even the non-production of record of AHMS, glaring inconsistency in between the stand taken by the complainant and the production of selectively torn document on record -..........
