Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - PCO - Telephone bill - Dispute regarding - Complainant a licencee of the OP - Cannot be construed as a consumer - Complaint was liable to be rejected...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Implementation - Police protection - Though plaintiff is entitled to initiate proceedings U.O.39.R.2-A in the event of violation of order of temporary injunction even then Court is under an obligation to accord necessary protection - By ordering police protection Court is not extending..........
Consumer Protection Act, 1986, Section 2(1)(g), 3 -- Arbitration clause - Hire purchase agreement - Additional remedy - Merely because arbitration proceedings have been initiated by the respondent, these will not preclude the appellant from having recourse to the remedy, if any, available to him under the law under the provisions of the CP Act, 1986 and for that matter..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering in possession on ground of purchase of land - Defendant claiming ownership over land - No material on record to show that vendor plaintiff had prima facie title over disputed land - In revenue record defendant recorded as owner - Refusal to grant injunction..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Exparte decree - Setting aside - Defendant filed written statement and counter claim - Issues framed and plaintiff filed evidence affidavit - On subsequent date defendant and his counsel absent - Suit decreed - There was no order calling upon defendant to produce evidence - Decree..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession - Title of property plays an important role in the matter of drawing presumption as to possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession - If from version of the parties the probability as to possession is more towards plaintiff then Court should not hesitate to grant the relief, and reject it, if it is otherwise...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession - If plaintiff is able to prove his possession on the basis of his title upto a particular point of time then the same state of affairs deserves to be presumed in a forward direction - Such presumption must stop, if it meets a road block, in the form of a more assertive and evident proof..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Shares application - Non allotment of shares - Applied for 1000 shares but allotted 50 shares rightly or wrongly - Complaint for non allotment of shares, the complainant being a prospective investor cannot be considered as a consumer...........
Consumer Protection Act, 1986, Section 2(1)(d), 14(1)d) -- Shares -Allotment application - Compensation - Applied for 1000 shares with cheque of Rs.1,15,000/- but in statement prepared by OP3 Rs.11,500/- mentioned hence only 50 shares allotted - OPs utilized the amount deposited by respondent and due to the mistake of OP2 and OP3 claim of complaint could not be considered..........
