Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction against forcible dispossession - Plaintiff admittedly in possession of plot in question - Possession of plaintiff over the plot in question entered in the records (field book) - Even Gram Panchayat issued notice to father of plaintiff for removal of construction over the said plot - Gram Panchayat not..........
Civil Procedure Code, 1908, Order 19, Rule 2, 1 -- Court order that matter shall be decided on the basis of affidavits produced in evidence - Open to a party to move application before Court for attendance of deponent for purposes of cross - examination - Failure to exercise right conferred by Rule 2 to seek personal attendance of deponent for purpose of cross -..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Educational matter - Industrial Training Institute - Nominal fee of Rs. 15/- charged - Stipend of Rs. 75/- and Rs. 45/- is paid to Scheduled Castes and General category students - Students cannot be said to be consumer rather the appellants are discharging legal functions of the State - Order of the District..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Partner - Restraining retired partner from using trade mark of firm - Defendant alleging no dissolution of firm in the eye of law and that he is still a partner of the firm - In the caveat filed by defendant, intimation to tax authorities and settlement of accounts, though disputed, are sufficient for decision of temporary..........
Consumer Protection Act, 1986, Section 2(1),(d),(i),2(1),(o) -- Consumer - Service - A combined reading of Section 2(1) (d) (i) and Section 2(1) (o) of the Act leads to an irresistible conclusion that before a complainant can be held to be a consumer, he has to show that he hired or availed the service for consideration...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Drainage system - Allegation that the drainage system provided by OP's was faulty due to improper maintenance and rain water entered his house damaging his valuables and other household articles and claim made for damages - Held that since the complainant did not hire or avail the service for consideration..........
Consumer Protection Act, 1986, Section 2(1),(g),(o), M.P. Co-operative Societies Act, 1960, Section 82 -- Services - Co-operative Society bank - Deficiency in service - Complaint against - Jurisdictional bar - Bank carrying on financial activities of investment etc. - If there is deficiency in service complaint would be maintainable under the Act - Section 82 of the 1960..........
Consumer Protection Act, 1986, Section 2(1),(g), Indian Electricity Act, 1911, Section 24 -- Electricity disconnection - Defective meter - Inflated bills - Disconnecting the service line of the respondent without referring the disputed bill and defective metre to CEI in violation of provisions of Indian Electricity Act amounts to deficiency in service- Compensation amount..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Disobedience - It is only wilful disobedience of injunction order which invites punitive action depriving a person of his personal liberty and property - Expression 'wilful' means a deliberate or voluntary or intentional Act - Unintentional disobedience is not enough to justify an action against the defaulter..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Disobedience - When an order is passed by the Court, it is not open to a party to go behind the order, by looking into the pleadings together the intention of the Court or mind of the Presiding Officer, to comply with the orders of the Court, particularly when any non-compliance entail punitive consequences...........
