Consumer Protection Act, 1986, Section 2(1)(a) -- Flat - Having structural defects - Compensation - Flat constructed by A.W.H.O. - Complaint dismissed by State Commission by holding that it had no jurisdiction against organisation - Order set aside - AWHO not rendering any service free of charge but is engaged in the systematic activity of construction of houses/flats for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Implementation - Police help - Court is not precluded from issuing direction to police for enforcement of order of temporary injunction at the instance of party apprehending disobedience of that order - Held, remedy provided under Rule 2(a) of O.39 is not exhaustive and Court can pass appropriate..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not party to proceedings u/s 145 Cr.P.C. but dispossessed by reason of order under that Section - Order in said proceeding not binding on plaintiff - Plaintiff can espouse and establish his cause in suit despite order u/s 145 Cr.P.C. - Injunction can be granted when suit property is..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- If a part of claim in a suit is dismissed for want of jurisdiction, it does not operate as res judicata or bar action U.O.2.R.2 as it is not a decision on merits...........
Civil Procedure Code, 1908, Order 23, Rule 1, 2 -- If a part of the claim in a suit is dismissed for want of jurisdiction or struck off U.O.6.R.16, leave of Court is not required to file a fresh suit in the Court of proper jurisdiction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Settled possession - Party must show in what capacity he came into possession of property - Whether as tenant or as licensee or adverse possession - Relief to be refused when party failing to prove his possession and his legal right...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Granting or refusing to grant is purely at discretion of trial Court - Appellate Court not to interfere with order of trial Court unless order is shown to be perverse...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 2, 3, 4, 5, 6 -- Death of one of the respondents - Legal representatives and heirs of deceased respondent could not be brought on record due to mistake of Court - Party cannot be penalised for it - Court allowed substitution of L.R's by condoning delay - Held, such order not to be interfered with..........
Arbitration Act, 1940, Section 2(a) -- Written agreement is a pre-condition for reference to the arbitrators - As there was no concluded contract, there existed no arbitration agreement for reference to the arbitrators...........
Arbitration Act, 1940, Section 2(a), Evidence Act, 1872, Section 115 -- Non existence of a valid arbitration agreement - Appellant nominated the arbitrator and submitted to its jurisdiction - Held, that acquiescence does not confer jurisdiction...........
