Civil Procedure Code, 1908, Order 17, Rule 2 -Explanation Rule 3 and Order 9 Rule 6 & 13 - In absence of any indication as to what evidence was evaluated and/or whether, merits were tested - Clearly has imprints of ex parte adjudication - Liable to be set aside under Order 9 Rule 13...........
Prevention of Food Adulteration Rules, 1955, Section 7(ii), 16(1)(a)(i), 2(ix)(e), 2(ix)(k) - - Misbranding - Bottled mineral water - No mention on the label of the bottle that the water contained in the bottle was "mineral water" - Question whether an oral representation made by a staff member of the manufacturing company amount to misbranding as contemplated in the Act -..........
East Punjab Urban Rent Restriction Act, 1949, Section 2 -- Landlord - A landlord may be either (1) any person who is receiving rent in respect of premises on his own account; (2) any person who is entitled to receive rent in respect of premises on his own account; (3) any person who is receiving rent in respect of premises on account or on behalf of or for the benefit of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 2 -- Relationship of landlord and tenant - Purchase of property on basis of agreement to sell, general power of attorney, affidavit and will - Possession delivered to prospective vendee - On the same day rent note executed by vendor in favour of vendee - Held, general power of attorney holder is landlord within the..........
Consumer Protection Act, 1986, Section 2(1),(g) -- Telegraph Rules, Rule 443 - Telephone disconnection - Once the Department is able to establish that there was commonality of user and there was nexus between defaulting subscriber as well as the subscribers whose telephone is sought to be disconnected, the department could resort to invocation of Rule 443 of the Rules to..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Violation/disobedience of injunction order - Proceedings are analogous to the Contempt of Court proceedings but they are taken under the provisions of O.39.R.2A CPC - Special provision in the Code prevails over the general law of contempt contained in Contempt of Courts Act...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Violation/disobedience of injunction order - Proceedings under O.39.R.2A are quasi criminal in nature which are meant to maintain the dignity of the Court in the eyes of the people so that the supremacy of law may prevail and to deter the people for mustering the courage to disobey the interim injunction passed by the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Tenanted premises - Reconstruction of roof by tenant - Tenant is duty bound to maintain leased premises in as good a condition, as they were when they were let out - He has right to effect repairs in tenanted premises in terms of S.108(m) Transfer of Property Act - Provision in Rent Act enabling..........
Consumer Protection Act, 1986, Section 2(1),(g) -- Indira Vikas Patra Rules, 1986, Rules 7,8 and 11 - Indira Vikas Patra - Maturity amount not paid in terms of rule 7 and 8 of the Rules as the Patras had been lost by complainant and he could not present the same - Rule 11 provided for relaxing the requirement of any provisions in the rules which causes undue hardship to..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 13 -- Civil Court decree dated 15.3.1961 - Decree passed prior to coming into force on 4.5.1961 of 1961 Act - Civil Court passed decree keeping in view provisions of Punjab Village Common Lands (Regulation) Act, 1953 - Validity of decree not challenged at any point of time before any Civil Court or any other..........
