Building construction -- Roof collapsed - Allegation of using inferior building material - Claiming cost of reconstruction and damages - Petitioner did not produce any record to show that he had requested respondent-APMC to send the building material for examination to the expert or had taken any step before the forum to test it - Petitioner failed to prove the allegation..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Encroachment - Oral evidence cannot conclusively prove such an issue - To determine the area encroached it is always desirable to get the field measured by an expert and find out the area encroached upon...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Possession of house delivered in 1991 - Complaint filed in 1997 that construction below standard - No expert evidence led - Merely by correspondence the limitation is not at all extended - Complaint held to be barred by time and should have been dismissed...........
Medical Negligence -- Expert opinion - No negligence or deficiency against doctor is to be proved in absence of expert opinion or medical literature...........
Consumer Protection Act, 1986, Section 2(1),(f) -- Laser printer - Manufacturing defect - District Forum appointed Expert who reported that there is no manufacturing defect - The problem arose due to lack of knowledge and experience on the part of the appellant complainant to operate the printer - The evidence placed on record by the OP's clearly go to show that the goods..........
Criminal trial -- Identity of deceased - Skeletal remains recovered from well after two months of murder - Identity of deceased tested by super-imposition of skeletal remains of deceased with reference to photograph of deceased - Post mortem report opined that age of deceased was between 15-16 years - Forensic expert also opined that skull belonged to a human being of..........
Disputed question of facts -- Housing construction - Allegation of deficiency in service on the part of contractor - Exhaustive evidence required to be recorded - Both the parties have to produce witnesses and have to cross examine each others witness - Opinion of handwriting expert also required - This can be done in the civil Court only - District Forum held rightly..........
Criminal Procedure Code, 1973, Section 293(4)(e) -- Report of Govt. Scientific Expert designated u/s 293(4) is perse admissible in evidence - Court has discretion to summon and examine the expert to prove the report if Court thinks it proper...........
Evidence Act, 1872, Section 73 -- Disputed signatures - Comparison by Court - It is not advisable that a Judge should take upon himself the task of comparing the admitted writing with the disputed one to find out whether the two agree with each other - Prudent course is to obtain the opinion and assistance of an expert...........
Consumer Protection Act, 1986, Section 2(1),(g),17 -- Medical negligence - Remand of case - Dismissal of complaint by State Commission inter alia holding that no expert examined and no medical literature produced - Plea of the appellant complainant that literature produced by her not referred to upheld - No record of cross-examination on record - Matter remanded to State..........
