Motor Vehicles Act, 1988, Section 173, Bihar Motor Vehicles Rules, 1992, Rule 249, Civil Procedure Code, 1908, Order 41, Rule 22 -- Award passed by Motor Vehicles Tribunal - Appeal by Insurance company - Cross-objections by claimants - Entire award awarded by Tribunal was challenged by Insurance Company - Claimants were also impleaded as party respondents to said appeal -..........
Motor Vehicles Act, 1988, Section 173, Bihar Motor Vehicles Rules, 1992, Rule 249, Civil Procedure Code, 1908, Order 41, Rule 22 -- Appeal - Cross-objection - There is no restriction on right to appeal of any of parties as per provisions in question - Any party aggrieved by any part of award would be entitled to prefer an award - Any respondent though he may not have..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - For a limited purpose of noting down physical features of plaint schedule property, allowed by trial Court - No prejudice is caused to plaintiff by appointing advocate Commissioner - Application rightly allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Identification and measurement of property - Injunction suit - Defendant specifically denied identity and measurement of property in written statement - However, defendant stated that there is no controversy as regards identification, location and measurement of property - Stand of defendant is in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent development - Amendment sought to incorporate subsequent developments occurred after filing of suit and for additional prayer for mandatory injunction, as defendants have formed road in suit land by encroaching property of plaintiff - Since amendment is with regard to subsequent development,..........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Order 6, Rule 17 -- Dishonour of cheque - Amendment of complaint - Name of branch of bank on which cheque is drawn sought to be corrected by effecting amendment - Amendment cannot be said to be intentional act on part of complainant - Complainant was nothing to be gained by not mentioning correct..........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Order 6, Rule 17 -- Dishonour of cheque - Amendment of complaint - Negligence in pleadings cannot be considered to be an inherent lacuna in prosecution case - Application for amendment rightly allowed...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non-framing of an issue with regard to validity of Will - Where trial Court as well as first Appellate Court has discussed entire evidence led by defendants in order to prove Will in question and have devoted major part of their discussion on this aspect, merely because Courts did not frame proper issue with regard..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Additional issues framed not in accordance with O.14.R.1 CPC which is condition precedent for applying O.14.R.5 CPC - Impugned order framing additional issues set aside...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Permission can be granted by Court only on fulfilling certain parameters which include explanation on part of petitioner as to why documents could not be filed along with written statement...........
