Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint when discloses cause of action cannot be dismissed for the mere reason that in the opinion of Judge, the plaintiff may not succeed...........
Consumer Protection Act, 1986, Section 11 -- Territorial jurisdiction - A part of cause of action arose within the jurisdiction of `G' District Forum as the machine was installed in its jurisdiction which started giving trouble - Correspondence was going on between the parties with regard to repair/replacement of the machine - Plea that the sale transaction took place at..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Action under Order 39, Rule 2A can be taken only when there has been a breach of an order of interim injunction passed under Order 39, Rule 1 or 2 of the Civil Procedure Code...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Action under Rule 2A of Order 39 of the Civil Procedure Code is penal in nature - Penal provision must be strictly construed and benefit of doubt must go to the offender...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Carriage by Air Act, 1972, Schedule II, S.27 - Air carriage - Damage to cargo - No notice under Section 27(2) of the 1972 given within stipulated period of 7 days - No action would lie against the carrier - It could not be said that the complaint was maintainable...........
Punjab Land Revenue Rules, 1908 -- Vaccancy of Lambardar - Filling up of vaccant post without formal approval of Collector - Post of Lambardar fell vaccant due to death of Lambardar - Application by one person to Collector for appointment as Lambardar - Collector forwarded application to Lower Revenue Officer for necessary action - No formal communication by Collector for..........
Insurance claim -- Theft of vehicle - Claim was lodged when theft took place - After the vehicle had been traced out by the police, situation changed - Respondent sold the vehicle without getting it repaired - No cause of action survived in favour of the respondent - No occasion for her to have maintained the complaint- Impugned order of District Forum allowing the..........
Civil Procedure Code, 1908, Order 9, Rule 2 -- Furnishing of copy of plaint for service of defendant - Provisions directory not mandatory - Dismissal of suit on account of non furnishing of copies of plaint, harsh action - Order set aside...........
Civil Procedure Code, 1908, Order 7, Rule 7, Limitation Act, 1963, Article 59 -- Cause of action to file suit - Suit filed by daughters challenging sale deed executed by their father and brother in 1975 - Father impleaded as dependent no. 1 - Father not absolute owner, had life estate in property - Sons and daughters to inherit property after death of father - Father died..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Based on a different cause of action than put in suit by plaintiff is maintainable...........
