Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte award - Setting aside - Sufficient cause - Mistake of counsel as case not noted in case diary - Case diary not produced - Unrebutted affidavit sworn by counsel - Litigant should not suffer for the lapses on the part of his counsel - Justice can be done when both the parties are properly heard - Explanation should not..........
Medical negligence -- While written version was filed by the appellant but he did not file any affidavit by way of evidence nor did he bring on record any case paper 'investigation' report and 'operation' notes - Despite several opportunities and notices appellant did not present himself for cross-examination - Complaint duly supported by affidavit by way of evidence and..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Counter affidavit to affidavit filed U.O.18.R.4(1) - Not permissible...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Irrelevant matters - Opposite party can point out to Court that irrelevant matters have been averred in the affidavit - Court can either direct the deponent to file a fresh affidavit after eschewing the irrelevant matters or Court itself can eschew the irrelevant matters so that cross..........
Protection of Women from Domestic Violence Act, 2005, Section 12(3) -- Complaint - Verification - Not on the complaint itself - However in support of the complaint an affidavit filed swearing contents of the complaint - Amounts to sufficient compliance of prescribed procedure...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Affidavit in support of complaint filed - Summoning order on the basis of affidavit can be passed - Examination of complainant u/s 200 Cr.P.C. and examination of witnesses in support thereof u/s 202 Cr.P.C. can even be dispensed with...........
Insurance claim -- Repudiation - Ground that insured suppressed about his pre-existing disease - Reliance upon medical certificate submitted by insured to employer for getting leave - Held that repeated stereotyped medical certificates given by the same doctor in similar fashion for number of years without any record of treatment for the same - No affidavit of the doctor..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 54 -- Attachment before judgment - Attachment in execution - Distinction between two - Analysed - While issuing attachment before judgment Court only ensures that defendant does not dispose of property pending suit - Affidavit sworn by defendant containing clear and unambiguous..........
Civil Procedure Code, 1908, Order 37, Rule 3, 4 -- Summary suit - Leave to defend - Not applied within 10 days of service of summons - Decree passed - Application to set aside exparte decree - Summons as prescribed in Form No.4-A issued to defendant contrary to Sub-rule (4) & (5) of Rule 3 of Order 37 CPC - Summons no where mentioned that before the date given in summons,..........
Indian Penal Code, 1860, Section 366, Criminal Procedure Code, 1973, Section 482 -- Marriage against wishes of father of wife - Father of wife lodged FIR u/s 366 IPC - Affidavit filed by wife that she married against wishes of her parents - Wife present in Court admitting averments of affidavit - FIR quashed...........
