Consumer Protection Act, 1986, Section 13 -- Chandigarh Consumer Protection Rules, 1987, Rule 4(8) - Striking off defence - Written statement - Non filing of - Appellant unable to satisfy the Commission that he was prevented by sufficient cause from filing the reply to the complaint case within the prescribed period of limitation - District Forum rightly struck off the..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Issues - Framing, re-framing or re-casting of issues - Exercise of power by Court is not subject to pre-hearing of the parties - Consequent to such reframing or recasting or striking of the issues, parties are not precluded from approaching the Court if there is any error on the part of the Court...........
School -- Deficiency in service - Examination fee from student by school for appearing in the Matriculation examination - Student remaining absent from School consecutively for 10 days - Resulting in striking off his name from the rolls of School - Student neither applying for re-admission in the School nor accepting the roll number slip issued by the school - No..........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Non compliance with order of discovery of document - Dismissal of suit or striking off defence can only be in case of wilful defiance of order - It is not wilful defiance of order when document ordered to be discovered is not traceable...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Striking out an issue - Court is competent to strike out an issue that appears to be wrongly framed - It is the duty of the Court to ensure that proper issues are framed and no estoppel arises even if the issues have been framed in the presence of the parties...........
Fixed deposit -- Non-payment of maturity amount - Stand of the O.P. that payment has already been made not acceptable as the original receipt is available with the complainant - Order passed by the District Forum directing the payment to the complainant alongwith 18% interest and Rs.2000/- as compensation and Rs.1000/- as costs modified to the extent of striking of..........
Civil Procedure Code, 1908, Order 6, Rule 16(c) -- Striking out pleadings - It is a settled proposition of law that it is an abuse of process to raise in subsequent proceedings matters which could and should have been litigated in earlier proceedings...........
Civil Procedure Code, 1908, Order 11, Rule 14, 21 -- Production of documents - Non compliance with Court's order inspite of repeated adjournments - Striking of defence - Justified...........
Civil Procedure Code, 1908, Section 151 -- Striking out a suit - Frivolous or vexatious proceedings amount to an abuse of the process of the Court especially where the proceedings are absolutely groundless - Court has the power to stop such proceedings summarily and prevent the time of the public and the Court from being wasted...........
Civil Procedure Code, 1908, Section 151 -- Striking out a suit - Abuse of the process of Court - Re-litigation of a matter on self same facts by filing vexatious and frivolous suit is abuse of the process of Court - Court can strike out such suit form its record in exercise of inherent jurisdiction...........
