Service -- Seniority - A seniority list which remains in existence for 3 to 4 years unchallenged, should not be disturbed - 3-4 years is a reasonable period for challenging the seniority and in case someone agitates the issue of seniority beyond this period, he has to explain the delay and laches in approaching the adjudicatory forum, by furnishing satisfactory..........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence of prosecutrix remained completely unchallenged - Sufficient to nail the accused...........
Consumer Protection Act, 1986, Section 2(c) -- A demand for any amount due in terms of the unchallenged terms of an agreement, does not furnish a cause of action to the lessee/allottee to approach the consumer forum...........
Consumer Protection Act, 1986, Section 2(1)(f) -- Scooter - Manufacturing defect - Expert evidence - As per the report prepared by Chartered Engineers after physical inspection of the scooter, it had inherent problem of wearing clutch plates and current failure and piece is defective which needs to be replaced - The opinion of the expert remained unchallenged - Petitioner..........
Medical negligence -- Surgery was carried out and thereafter 'biliary leak, noticed but no proper action taken resulting in septicaemia - The petitioner had already developed septecaemia while in petitioner Hospital, which was cause of death as recorded by NIMS - The record remained unrebutted and unchallenged - Findings of medical negligence as recorded by District Forum..........
Defence -- Once prosecution led the evidence before the court which remained unchallenged it would be open to accused to rely upon the same for his defence...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal of suit for non prosecution - Suit challenging conveyance deed dismissed for default - Subsequent suit filed for partition - Held, transfer deed thus remained unchallenged - Transfer deed being intact, plaintiff cannot be permitted to claim any right in the property and ask for partition...........
Indian Penal Code, 1860, Section 376 -- Rape - Appeal against conviction - Accused persons made prosecutrix fall on earth, gagged her mouth and committed rape - Statement of prosecutrix remained unchallenged and was duly corroborated by statement of eye-witness, found to be worthy of credence - Seizure memo showing that salwar of prosecutrix was torn from front as stated..........
Transfer of Property Act, 1882, Section 106 -- Notice - Registered notice received back with postal endorsement 'unclaimed' - There is presumption of service - Rebuttal - Statement on oath regarding non receipt of notice is not sufficient to rebut service - Addressee should place some material to rebut service - There is no hard and fast rule as regards the material which..........
Criminal trial -- Prosecution led evidence - The same remained unchallenged - Held, it is open to accused to rely upon same for defence...........
