Consumer Protection Act, 1986, Section 30 -- Maharashtra Consumer Protection Rules, 2000, Rules 4(7) and 8(7) - Expression 'to appear' - Scope and meaning - Mere physical presence is not contemplated under sub-rule (7) of Rules 4 and 8 and such restrictive meaning shall not be consistent with the objectives of the Act of 1986 - Wider meaning must be given to the expression..........
Civil Procedure Code, 1908, Order 41, Rule 22(4), Land Acquisition Act, 1894, Section 54(2) -- Cross objections - Court can hear and determine cross objections even when original appeal in which cross objections are filed, has been dismissed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Counsel of husband busy in another Court - Wife allowed to be examined as a witness exparte - Held, proceedings u/s 125 Cr.P.C. are quasi criminal in nature and evidence is to be recorded in presence of the opposite party - Wife allowed to be cross examined by opposite party on payment of her expenses and costs...........
Evidence Act, 1872, Section 118 -- Child witness - Is a competent witness - Court should look for corroboration to ensure that the child witness has not deposed under the influence of any person because of his tender age - If Court comes to the conclusion that the testimony of the child witness inspires confidence and has not been shaken in cross-examination and finds..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 364A, 365, 387, 307 -- Child - Abduction of child of 10 years for ransom - Accused gave injuries and threw the child when he became unconscious - Accused convicted and sentenced to life imprisonment mainly on statement of child - Child could not be shattered in cross examination - Court found him fit to make..........
Will -- Suspicious circumstances - Statement of witnesses at variance - Scribe not able to withstand cross examination - Facts stated in examination-in-chief not duly corroborated - Will written by scribe at the instance of beneficiaries - Will was never read over before attestation - Will not signed/thumb marked by testator before the attesting witnesses - Held, Will not..........
Will -- validity of-Suspicious circumstances - (i) unnatural disposition, (ii) one of the beneficiaries played crucial and important role in execution-Scribe not able to withstand cross-examination and resultantly answers given do not inspire confidence in the facts spelt out in examination-in-chief-One of the living attesting witness stated categorically that Will scribed..........
Indian Penal Code, 1860, Section 302 -- Death due to strangulation - Doctor in cross examination said 'It is true that generally in all cases of throttling marks of violence and injuries cannot be found' - Held, what doctor has said is not a conclusive opinion but it is only a possibility - In the absence of any other material to show that death had occurred by throttling..........
Consumer Protection Act, 1986, Section 13, 20 -- Complaint - Medical negligence case - Complicated questions of facts for which expert doctor's evidence required needing their cross examination - Complainant may not be directed to approach civil Court - Consumer Protection and Rules thereunder prescribe adequate procedure for speedy disposal of complaints - Guide lines for..........
Consumer Protection Act, 1986, Section 13, 20 -- Complaint - Expert witness - Cross examination - In case where stakes are very high and still party intends to cross-examine such doctors or experts, there can be video conferences or asking questions by arranging telephone conference and at the initial stage this cost should be borne by the person who claims such video..........
