Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Service of summons - Plea that defendant was not properly served and that he came to know about the exparte decree only when bailiff came to deliver possession of shop - Person present at that time not examined as witnesses to corroborate version of defendant - Defendant failed to explain..........
Criminal Procedure Code, 1973, Section 157 -- FIR - Delay in sending to Magistrate - When occular evidence is worthy of acceptance, delay in sending FIR to Magistrate concerned does not in any way affect prosecution case...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - New plea, which is not covered in original written statement or an inconsistent plea, against the original written statement - Can be included in additional written statement - Such a defence cannot be described or labeled as prejudicial defence or vexatious or scandalous, as understood under..........
Civil Procedure Code, 1908, Order 16, Rule 1 -- List of witnesses - 345 days delay in filing - Permissibility - Direction to file list within 15 days - Not mandatory - If Court is satisfied with reasons given by party for the delay, summons can be issued to witnesses - Heavy costs can be imposed on party seeking such relief...........
Indian Penal Code, 1860, Section 395 -- Two of the accused not named in FIR and FIR lodged after a delay of one day - No reason as to why they were not named in FIR though well known to PW1 - Two accused acquitted on account of benefit of doubt...........
UTI -- Master Equity Plan Scheme - Repurchase amount - Delay in payment - Interest - Claim for - The amount sent to the complainant by OP in time - The letter which was sent on correct address and complainant was out and it remained unclaimed - The OP are not liable for that - On issuing duplicate cheque of Bank Draft certain formalities are to be complied with which..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Electricity bill - Rebate - Delay of 4-1/2 years in giving rebate to the respondent-complainant - Held to be deficiency in service - Grant of compensation of Rs.4,000/- by the District Forum held justified...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Telephone shifting - Delay of ten months in shifting telephone - It amounts to deficiency in service - As loss cannot be measured in terms of money award of token compensation of Rs. 1,000/- held to be quite reasonable and proper in the circumstances...........
Consumer Protection Act, 1986, Section 15 -- Appeal - Condonation of delay - Sufficient cause - Appeal filed after about 8-9 months - The ground for delay that more time was consumed in obtaining permission of higher authorities of the department for filing appeal - That the officials of the department were more busy in collecting the revenue, maintaining the electric..........
Insurance claim -- Surveyor - Appointment of successive surveyors - Non-settlement of claim - Inordinate delay - Insurance company instead of settling the claim, delayed its payment on one pretext or the other by appointing surveyor one after another - The complainant was put in a situation where he was required to sell his properties and make the payments to the farmers..........
