Affidavit -- Defective verification - No prejudice is caused when deponent entered the witness box and has been subjected to lengthy cross examination...........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Settlement out of Court - When memo filed at the instance of D.H. no further verification is required - Recording satisfaction at the instance of J.D. requires issuance of notice to D.H. and a semblance of enquiry and it is only when D.H. admits the settlement that the satisfaction can be recorded...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(ii)(v), Civil Procedure Code, 1908, Order 26, Rule 10 -- Cease to occupy - Local Commissioner found shop locked - Report of Commissioner cannot be used for the purpose other than the physical examination whether the shop was closed or not - It would be too difficult to make an inference of whether the tenant had..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Condonation of delay - 61 days delay - Ground that file was rotated at various levels and finally it was decided to send the file to the Divisional Officer for verification of RC of the vehicle - Reasons given for delay not convincing - Revision petition liable to be dismissed on the ground of delay alone...........
Prevention of Corruption Act, 1988, Section 13(1), (2), Indian Penal Code, 1860, Section 120B, 420 -- Revision petition - Filing of charge sheet against petitioner/accused under PC Act - As per material on record petitioner without verification released ad-hoc payment to accused no.2 - Accused no.2 did not perform any work - Accused No.1 not only mis-used his official post..........
Practice and Procedure -- Defect in verification - Does not result in rejection of suit...........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 33 -- Petitioner purchased land from A who got allotment of evacuee property by fabricating documents of one B from Pakistan who never migrated to India - A acted as attorney of B while making sale - Allotment cancelled when true facts emerged during verification and enquiry - Petitioner sought shelter..........
Consumer Protection Act, 1986, Section 21 -- Appeal - Additional evidence - Application - Fidelity policy - Two reports of inspection and physical verification of the stocks conducted in the months of February, 1997 and June, 1997 shown to the Surveyor but were not filed before the State Commission - Cannot be any dispute that two reports are relevant for the just and..........
Insurance claim -- Surveyor's report - Loss assessor and surveyor appointed by the OP had scrutinized and concluded that as per verification and details of loss sustained by the vehicle was Rs. 22,191 - Held that the survey report an important document was brushed aside erroneously by the District Forum - Impugned order dismissing the complaint liable to be set aside -..........
Consumer Protection Act, 1986, Section 21(b) -- Revisional jurisdiction - Insurance claim - Affidavit of officer of the financier bank with regard to Stock Statement - On behalf of petitioner Insurance Company no cross - examination done as regards averments made in the affidavit - No reason to disbelieve the unrebutted affidavit with regard to verification of stock - No..........
