Civil Procedure Code, 1908, Section 89(d) -- Mediation - Totally confidential proceedings - If the mediation succeeds, then the mediator should send the agreement signed by both the parties to the Court without mentioning what transpired during mediation proceedings - If the mediation is unsuccessful, then mediator should only write one sentence in his report and send it..........
Indian Penal Code, 1860, Section 302 -- Nature of offence - Whether a deliberate murder or culpable homicide not amounting to murder - Deceased was transported to hospital by accused himself who remained present alongwith the deceased all the time from the time of incident - Ocular testimony of PW3 does not find complete corroboration from the medical report - One danda..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of morphine - Search and seizure - Compliance report u/s 42 of the Act sent by wireless message immediately after search and seizure and arrest on same day - Held, there was no violation of provisions contained in S.42 of the Act...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Insurance claim - Repudiation - Surveyor's report - Successive Surveyor's - State Commission relying upon the report of first Surveyor awarded Rs.4,79,666/- which was a preliminary report and does not even make assessment of losses - Appointment of Second Surveyor cannot be questioned who assessed the loss for..........
Constitution of India, 1950, Article 14, 16 -- Promotion - Retrospective promotion - Claim for retrospective promotion from 1976 on the ground that in 1998 and 2000 in medical examination he was not found colour blind - The fact not disputed that the respondent was subjected to medical examination in 1976 and that he was found to be colour blind and he did not challenge..........
Insurance claim -- Discharge voucher - Full and final payment - Estoppel - Claim for damage to the insured building due to landslide - The appellant accepted the amount from the OP on account of full and final settlement of the claim under policy subject to terms and conditions of policy and there is nothing in the aforesaid consent letter that the aforesaid amount is..........
Electricity supply -- Tube well connection - Electricity Tariff - Connection given in 1996 under Drip Irrigation Scheme on priority basis well before the issuance of Sales Circular No.13/97 - No document referred to or other piece of evidence to support the contention that the complainant regarding more than 50% of the land being used for agricultural crop - Perusal of..........
Electricity supply -- Tube well connection - Electricity Tariff - Connection given in 1996 under Drip Irrigation Scheme on priority basis well before the issuance of Sales Circular No.13/97 - No document referred to or other piece of evidence to support the contention that the complainant regarding more than 50% of the land being used for agricultural crop - Perusal of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Once a fresh survey report is called for and comes into existence, the same alone is to be considered as part of the evidence and not the earlier reports which stood superseded or discarded...........
Insurance claim -- Repudiation - Driving licence - Invalid driving licence - Plea that driver was having a previous licence which was found to be fake - OP could not produce the concerned official who had reported that the licence of the driver not valid - Complainant employed the driver after seeing the driving licence which was valid upto 22.10.1999 and as per report of..........
