Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - If issue a mixed question of fact and law and need adducing of evidence - Cannot be decided as a preliminary issue...........
Consumer Protection Act, 1986, Section 2(1),(g),17 -- Medical negligence - Remand of case - Dismissal of complaint by State Commission inter alia holding that no expert examined and no medical literature produced - Plea of the appellant complainant that literature produced by her not referred to upheld - No record of cross-examination on record - Matter remanded to State..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Plot allotment - Alternative Plot - Possession of plot not delivered as the allotted plot was under encroachment - Direction to OP to allot a plot of the same size in a developed area charging the same price - The respondent also held entitled to interest @ 18% p.a. on the deposited amount from the respective..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Tenanted premises - Use of roof - Staircase and upper floor in exclusive possession of plaintiff - Defendant had no approach to upper floors in any manner as only access to upper floor was through the staircase which was built inside the rented premises and in possession of plaintiff - Even when rent note is silent about..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(i), 2(g) -- Personal necessity - Upper portion let to tenant for residence and lower portion for business - Character of building is not changed to non residential - Landlord is entitled to evict tenant on ground of personal necessity...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 2(b) -- Residential building - Upper portion let out for residence and lower portion let out for shop - Separate rents fixed for each portion - Both the premises taken on rent on one and the same time - Held, tenancy would be considered tenancy of one unit though different rent was payable in respect of the portions..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in favour of defendant in a suit filed by plaintiff - Order of status quo on application by defendant in counter - claim filed alongwith written statement - Lease period had come to end - No claim could be made after expiry of lease period - Loss suffered by defendant can be claimed in action for..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Basic object of jurisdiction to clothe Civil Court with power to perform its duty to do justice between the parties - Inherent powers under Section 151 to be used sparingly - Nothing in the Code shall be deemed to limit inherent powers of Civil Court to make such order which is necessary for the ends of..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - If parties know that a point arises in the case and produce evidence on it though it does not find place in the pleadings and no specific issue has been framed on it, Court can still adjudicate thereon - None of the parties can be allowed to say that Court cannot decide the matter because it was not raised in the..........
Juvenile Justice Act, 1986, Section 2(h) -- Determination of age - Relevant date for the applicability of the act - Date of occurrence or the date on which he was produced before competent authority - Accused convicted under section 376 IPC - Plea that the accused was 12 years of age at the time of commission of offence - Plea raised for the first time in High Court -..........
