Consumer Protection Act, 1986, Section 25 -- Execution order - Arrest warrant - Neither the order of National Commission complied with nor the order of State Commission honoured - Order to issue arrest warrant of the official of respondent company passed...........
Consumer Protection Act, 1986, Section 2, 14 -- Electricity bill - Overhauling of account covering period of 3 years - Change of previous orders in the matter of charging tariff from industrial unit to non-residential - The least which is expected to be done is to issue show cause notice giving an opportunity of hearing to the person concerned to project his point of view..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) - - Issue of territorial jurisdiction - A mixed question of facts and law - Should be treated as preliminary issue - Sub-rule (2) carves out an exception to sub-rule (1) - Court should decide question of jurisdiction in the first instance - Parties should be allowed to lead evidence if they so desire, before deciding the..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Res judicata - Issue as to - Question being a mixed question of facts and law, cannot be decided as a preliminary issue - Court below erred in holding that issue of res judicata was a preliminary issue - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Decree of restitution of conjugal rights against wife passed by Civil Court - Wife shall not be entitled to claim maintenance u/s 125 Cr.P.C., if in the proceedings before the Civil Court a specific issue has been framed that whether without sufficient cause, the wife refuses to live with the husband and parties..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Second commissioner - Commissioner appointed for measurement of properties and recommendation of allotment - Report of Commissioner not found satisfactory - Better verification with more details necessary - Court has power to issue a fresh commission - Order appointing new Commissioner - Order upheld...........
Civil Procedure Code, 1908, Order 13, Rule 2, Civil Procedure Code, 1908, Order 18, Rule 17 -- A - Documents in custody of a witness, thirty party - Order 13 Rule 2 is not applicable - Proper course is to issue notice to the witness to produce those documents and to recall him with permission of Court for proving them - Held, valuable evidence should not be shut out merely..........
Civil Procedure Code, 1908, Order 41, Rule 23A, 23 -- All issues decided by lower Court in plaintiffs favour - Appellate Court duty bound to record his own findings on each and every issue while setting aside judgment and decree under appeal - Appellate Court while allowing amendment of written statement set aside judgment and decree under appeal and remanded case to lower..........
Service -- Effective date for eligibility to the post - Held, eligibility of candidates will be judged with reference to the date by which application is to be filed and any person who acquires prescribed qualifications subsequent to such prescribed date cannot be considered at all - Delay due to late publication of results - Held, it is outside the purview of writ - Legal..........
Transfer of Property Act, 1882, Section 122, Contract Act, 1872, Section 16(c) -- Gift - Undue influence - To know undue influence the first thing to be seen is whether one was in a position to dominate the will of the other - Influence has to be contra distinguished from persuasion - Second stage is whether the influence was undue or not - It is only on determination of..........
