Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 17(1), 2(g) -- Jurisdiction - Entire averments in the plaint to be looked into to see whether Tribunal has jurisdiciton...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Payment or adjustment of decree outside Court - D.H. or J.D. to approach Court for certifying the payment or adjustment - If payment or adjustment not certified the same would not be recognised by any Court executing the decree - Objections to this effect filed u/s 47 CPC are not maintainable and no investigation..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim orders passed during pendency of lis - Remain operative only until disposal of case - Subject to its final result - Constitution of India, Article 226...........
Punjab Town Improvement (Utilisation of Land and Allotment of Plots) Rules, 1983, Rule 4(ii), 2(d) -- Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975, Rules 7(ii) and 2(a) - Preferential allotment of plot to "local displaced person" whose property acquired for the Scheme under Punjab Town Improvement Act - Under both sets of Rules person has to..........
Jalandhar Improvement Land Disposal Rules, 1954, Rule 2(b), 5(ii) - - Definition of "local displaced person" confined to a person whose lands acquired for a Scheme to be executed under Damaged Areas Act, 1951 - Not applicable to any other Scheme...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 27, 28, 29 -- Trade mark - Infringement - Use of similar name - Descriptive name - No one can claim exclusive right on descriptive names of the goods - The protection under the Act is only to particular Trade Marks - Both, plaintiff and defendants selling Heat Pillars under..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Essential elements - (i) There must have been an adjudication in a suit; (ii) The adjudication must have determined the rights of the parties in respect of, or any of the matters in controversy; (iii) Such determination must be a conclusive determination resulting in a formal expression of the adjudication - Once the..........
Criminal Procedure Code, 1973, Section 303, 2(q) -- Power of Attorney holder - Seeking permission to plead on behalf of respondent in criminal case - An agent cannot become a pleader for a party in criminal proceedings unless the party secures permission from Court to appoint him in such proceedings...........
State Financial Corporations Act, 1951, Section 32, Civil Procedure Code, 1908, Section 2(2), 14 -- Claims application - District Judge's order thereon - Order does not amount to 'decree' - It amounts only to 'order'...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2,, Civil Procedure Code, 1908, Order 9, Rule 7 -- Temporary injunction - Suit proceeded against defendant ex parte - Ex parte order set aside - Defendant must be heard afresh in matter of temporary injunction - Case remanded for said purpose...........
