Civil Procedure Code, 1908, Section 115, Order 14, Rule 5 -- Additional issues - Revision against order refusing to frame additional issues - Framing of issues and additional issues is a matter or an essential step as the whole trial, recording of evidence and also recording of findings depends upon issues only and hence such order refusing to frame issues or additional..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of additional issue - Additional issue raised by party in appeal - Lower Appellate Court instead of framing additional issue and directing trial Court to allow parties to lead evidence on that issue and submit record with its findings, set aside decree by remitting case to trial Court - Order not justified - Set..........
Consumer Protection Act, 1986, Section 14 -- Insurance claim - Summary jurisdiction - Allegation of the tampering of the driving license - Held that it could not be tried in the summary jurisdiction of the Forum and the case required detailed evidence of the parties including the enquiry into the allegation of fraud and tampering - Order of the District Forum relegating..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - All necessary and material facts should be pleaded by the party in support of its case set up by it - Evidence in absence of pleadings not to be considered - No party is allowed to travel beyond its pleadings...........
Malicious prosecution -- Damages - Reasonable and probable cause to be proved - Reasonable and probable cause means a genuine belief based on reasonable grounds that the proceedings are justified - No action lies for the institution of legal proceedings, however malicious, unless they have been instituted without reasonable and probable cause - Burden of proving absence of..........
Civil Procedure Code, 1908, Order 3, Rule 2, Evidence Act, 1872, Section 118 -- Power of attorney holder - Pronote - Execution - Proof - Plaintiff not appearing as a witness - Power of attorney was present at the time of execution of pronote and receipt - Held, power of attorney holder is competent in the circumstances of the case to depose regarding execution of pronote..........
Civil Procedure Code, 1908, Order 3, Rule 2 -- Evidence Act, Section 118 - Right of holder of power-of-attorney to prove transaction - Power-of-attorney holder present when transaction had taken place i.e. pronote and receipt executed - Competent to depose regarding execution of pronote and receipt as well as receipt of money - Plea that holder of power-of-attorney cannot..........
Consumer Protection Act, 1986, Section 13,18 -- Procedure - Evidence by way of affidavits - Insurance claim - Plea that the case cannot be adjudicated based on evidence by way of affidavits and it requires examination/cross-examination of various witnesses from India and abroad - Evidence by way of affidavit is adequate to adjudicate in such cases - No reason to relegate..........
Occupancy certificate -- Non grant of - Damages - Claim for - Occupancy certificate granted to the complainant during the pendency of the complaint - Complainant's claim for damages of Rs.1 crore requiring a great deal of evidence both oral and documentary - Record of the case already running into about 350 pages - The Commission cannot decide such dispute in its summary..........
Civil Procedure Code, 1908, Order 5, Rule 20, Limitation Act, 1963, Article 123 -- Expln. - Substituted service - Notice in newspaper `Andhra Prabha' - Defendant stating that he is a subscriber for `Eenadu' and had no access to `Andhra Prabha' - No inference can be drawn that defendant had knowledge of ex parte decree - No warranting circumstances to ask parties to adduce..........
