Consumer Protection Act, 1986, Section 2(g), Motor Vehicles Act, 1988, Section 146, 196 -- Purchase of car by availing loan from Bank - Obtained insurance policy for one year - Handed over to bank cheques of monthly instalments alongwith two cheques towards insurance premium for succeeding two years - Insurance for subsequent years not taken - Car met with accident..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading - Unless statute specifically require for a plea to be in any particular form, it can be in any form - No specific phraseology or language is required to take such a plea - Plaint to be read as a whole to gather true spirit behind a plea. (Specific Relief Act, 1963, S.16(c)...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading - Wherever there are two possible interpretations, then the one which defeats justice should be rejected and the one which sub-serve to justice should be accepted...........
Specific Relief Act, 1963, Section 16(c), Civil Procedure Code, 1908, Order 6, Rule 2 -- `Ready and willing' - Pleading - It is not necessary to plea by any specific words - If through any words it reveals the readiness and willingness of the plaintiff to perform his part of obligation then it cannot be said there is non-compliance of the said provision...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Exparte ad interim injunction - Right to appeal is provided to the aggrieved party - If no appeal could be filed against the order passed revision is available - Availability of an alternative remedy i.e. opportunity to contest the matter in the lower Court is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No fresh injunction can be granted on same facts which were in existence at time of passing earlier order of injunction by trial Court and affirmed in appeal...........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Documents can be produced at any stage by showing good cause to the Court for non production thereof at the earlier point of time - Court should be satisfied about the cause shown by the party for not producing the documents at the relevant time and not the admissibility of a document in evidence, as it is a different issue..........
Easement Act, 1882, Section 8, 12, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Easement - Easement is a precarious and special right - Pleading for enforcement of such right must be specific - If the right to easement is not pleaded, such a plea cannot be considered...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2, 6 -- Plaint - Amendment - Claims to be brought in same suit to avoid multiplicity of proceedings - No new cause of action arose - Claim contained in plaint in respect of same parties can be tried in one suit - No disadvantage caused to defendant by permitting amendment - No..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, 3 -- Pleadings - All the principles of law need not be stated either in the plaint or the written statement - The Courts have to see what are the principles of law applicable to the facts either admitted or proved in a particular case...........
