Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit fixed for framing of issues - Non appearance of plaintiff - Suit not to be dismissed for default when case is fixed for framing of issue - When presence of party on a particular date is not required and Court can proceed with the suit even without assistance of party and his advocate, then it is always desirable that..........
Civil Procedure Code, 1908, Order 22, Rule 6 -- Abatement of suit - Death of defendant allegedly before date of decree - Duties of Court - Trial Court before proceeding further should determine by giving opportunity to prove factum of death of defendant and opportunity to legal representatives of plaintiff to disprove same - Having not done so order of trial Court liable..........
Civil Procedure Code, 1908, Order 20, Rule 7, Civil Procedure Code, 1908, Order 22, Rule 6 -- Abatement of suit - Arguments heard a day prior to pronouncement of judgment - Death of plaintiff on date of pronouncement of judgment - Provision regarding Abatement - Not attracted - Not abatement of suit...........
Interest Act, 1978, Section 3(1), 3(3)(a)(ii), Civil Procedure Code, 1908, Section 34 -- Insurance - Interest - Pre suit interest - If there is stipulation for rate of interest Court must allow that rate subject to three exceptions viz. any provision of law applicable to money lending transactions or usury laws or any other debt law governing the parties and having an..........
Criminal Procedure Code, 1973, Section 439 -- Bail bond - Cancelled for non appearance on date fixed - Reason assigned as to noting of wrong date - Regular bail allowed to accused...........
Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 1997 -- Death in accident on 7.7.1991 - As per rules prevailing then compensation payable was Rs.2 Lakhs - However, with amendment of Rules in 1997 compensation payable was Rs.4 Lakhs - Compensation payable will be at the rate as existing on date of final decision - Compensation of Rs.4 Lakhs awarded..........
Rent and Eviction -- Bona fide need - Subsequent events - Crucial date for deciding is the date of petition - However, Court is not precluded from moulding the reliefs appropriately in consideration of subsequent events provided such events had an impact on those rights and obligations...........
Criminal Procedure Code, 1973, Section 256, 378(4) -- Absence of complainant on a date when case is fixed for recording statement of complainant and witnesses - Cannot be said that personal attendance of complainant is not necessary on such a date - Acquittal of accused for want of evidence - Order upheld...........
Insurance claim -- Non-settlement of claim - Ground that shop was set fire to claim insurance and accident planned one - Fire attendance certificate clearly discloses that it is a case of accidental fire - Inspector of police submitted a detailed report which showing accidental fire - Complainant's friend also died in fire - Impossible to believe that the fire accident..........
Insurance claim -- Loss caused to cloth shop by accidental fire - Police report and Certificate of Fire Attendance on record showing that fire accident was not planned one - One close friend of the complaint died in the fire incident - OP neither repudiated the claim nor settled the claim and also did not choose to reply the legal notice - There is deficiency on the part..........
