Hindu Law -- Joint Family Property - Properties purchased by father - Sold to his grandsons - Suit by sons for permanent injunction restraining father & vendees from interfering in possession and enjoyment of said properties - Properties claimed to be purchased by father jointly with sons out of common pool - Suit dismissed by courts below - High Court relying on two other..........
Will -- Suspicious circumstances - Stamp paper stated to be purchased on the day of execution of will whereas it was actually purchased about 15 days earlier - Held, it is a suspicious circumstance...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Machine purchased in the year 10/2001 - Machine went down in March, 2003 and OP replaced certain parts and rendered the service in removing certain defects - Machine again went down from 06.11.2004 - Complaint filed in the year 2006 held to be within limitation...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Copier machine - Complainant was doing business in copier machine collecting charges from his clients - It is not established by the complainant that he is not deriving any income from other business, which is admitted in the documents on record - No hesitation in holding that the complainant..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Commercial purpose - As per the maintenance contract, the OP are bound to rectify the defect and maintain the system - As the goods were purchased for commercial purpose, and as the services of the OP were hired only for commercial purpose, not open to the complainant to contend that there is deficiency in..........
Specific Relief Act, 1963, Section 40 -- Amendment to include relief of damages - Suit for permanent injunction against defendants for withholding goods purchased - Goods sold - Application u/s 40(2) for amendment to include relief of damages - Relief of inunction originally claimed cannot be granted for the reason that the goods have already been sold - If plaintiff can..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Transport operator - Engaged in transportation of passenger - Purchasing two more buses - Cannot be said that he could drive both buses without employing driver - Held that neither the complainant/respondent was a consumer nor the buses were purchased for self-employment to cover it under..........
Consumer Protection Act, 1986, Section 2(1),(d),2(1),(g) -- Consumer - Commercial purpose - Ink-jet printer - Purchased for earning livelihood by proprietory concern - There was recurring defects in the Control Board which could not be rectified - Assuming that the complainant had bought the machine for commercial purpose but if defects occurred during the warranty period..........
Indian Penal Code, 1860, Section 304 Part, 34 -- Altercation - Appellant assaulted deceased with bhali which pierced abdomen of deceased who died because of that injury - Plea that blow accidentally pierced abdomen and that accused acted in exercise of right of private defence - Accused had purchased part of land from deceased and both were co-owners - Deceased and his men..........
Indian Penal Code, 1860, Section 34, 304 -- Part I - Altercation - Appellant assaulted deceased with bhali which pierced abdomen of deceased who died because of that injury - Plea that blow accidentally pierced abdomen and that accused acted in exercise of right of private defence - Accused had purchased part of land from deceased and both were co-owners - Deceased and his..........
