Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Evidence of plaintiffs already concluded - Alleged interrogatories sought to be answered by plaintiffs were furnished by defendant when case was fixed for their evidence - Held, though interrogatories can be sought at any time but same has to be bona fide and without any delay - In this case, no explanation..........
Civil Procedure Code, 1908, Order 18, Rule 2 -- Hearing of suit - Begins when evidence in suit begins and is concluded by the pronouncement of judgment...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Participate further in the proceedings of the suit - O.9.R.7 CPC has no application at all once the hearing of suit is concluded and suit is adjourned for judgment...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Driver of Motor Cycle gave way to bus coming from opposite side - Had he not done so there may have been head on collusion - While giving way motor cycle hit a large laterite stone lying on road whereupon motorcycle turned and rider and pillion rider suffered injuries - Cannot be concluded that rider of motorcycle was..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Medical negligence - Hair transplant surgery - Not in dispute that the procedure as promised could not be completed in one mega sitting because a part of it had to be temporarily postponed to the next day - It was the Respondent who chose not to continue with the procedure - It cannot be concluded that the..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Bias and pre-judgment - Petitioners referred to certain observations recorded by Court below in impugned order by alleging bias and pre-judgment - Held, on material produced, lower court concluded that explanation for belated filing of amendment application is not bona fide - Observations or findings recorded by..........
Vehicle finance -- Forcible re-possession of vehicle - Plea of the appellant-OP rightly repelled that the vehicle had been surrendered by the complainant as no documents placed on record in support of this plea - Value of the vehicle was Rs. 3,96,000/- and the same was sold for Rs. 37,000 No notice was issued to the respondent-complainant - No market value of the vehicle..........
Civil Procedure Code, 1908, Order 14.Rr1, -- Framing of additional issue - Belated application - Civil suit filed in the year 2006 - Both sides concluded their respective evidence and knew about the case of each other very well while leading the evidence - Application was filed at belated stage of hearing of arguments - Held, application can not said to be bona fide...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Insurance claim - Surveyor-'s report - The insured vehicle of the petitioner was buried under snow for several months - Because of the washing away of the road and inclement weather where the tanker was stranded, it took several months before the Surveyor could get the vehicle inspected - This delay could..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Bail - Grant of - Bail sought on the ground that as offence is being tried by Magistrate, despite expiry of 60 days from the first date of evidence and without there being any fault on the part of petitioner evidence is not concluded - Held, looking into allegations..........
