Civil Procedure Code, 1908, Order 13, Rule 4 -- Document - Admissibility - Unstamped and unregistered mortgage deed - Trial Court to decide objection as to its admissibility before proceeding further...........
Consumer Protection Act, 1986, Section 13 -- Process issued on 02.08.2002 - It was made returnable on 09.08.2002 - Under Section 13 of the Act clear 30 days time has to be provided for showing cause by the OP - Since the same has not been complied with, which is a statutory requirement the impugned order of the appeal passed by the District Forum liable to be set aside...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Plea that accused were not final authority to accept tenders - Rejected - Question whether a person has authority to do the act for which bribe is accepted is of no consequence - Conviction upheld...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Receipt and recovery of money proved and accepted - High Court acquitting accused - Question of fact regarding date of document not raised before trial court nor any suggestions made to witnesses in this regard - It being essentially a question of fact, the High Court could not have made out a new case regarding..........
Prevention of Corruption Act, 1988, Section 7, 13(1), 13(2) -- Additional Public Prosecutor - Demand of illegal gratification - Trap - Recovery of Rs. 1500/- - Presence of Phenolphthalein powder found on hands and inner lining of shirt of accused - Plea that currency notes were concealed in papers and he accidentally touched them not accepted in view of presence of..........
Prevention of Corruption Act, 1988, Section 7, 13(1), 13(2) -- Demand of illegal gratification - Plea that Public prosecutor who conducted the case against accused was inimical - No prejudice shown - Manner in which PP presented his case is subject to judicial scrutiny - Personal opinion has no place in decision making process of court - At the most he may present his case..........
Consumer Protection Act, 1986, Section 3, Railway Act, 1989, Section 13,15,124 -- Railway Claims Tribunal Act, Sections 13 and 15 - Jurisdiction - Compensation - Accident occurred as the piece of rail collided with a running train in which the complainant was travelling and he received injury on his leg - Held that the accident would be covered under Section 124 of the..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(v) -- Ceasing to occupy for a continuous period of four months without reasonable cause - Eviction order passed - In appeal order confirmed by Tribunal - High Court set aside decree in revision - No fault could be found with manner in which evidence had been dealt with and marshalled by Controller - High..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Applicant filed revision against decree which was pending before Revisional Court - Held, merely filing of or pendency of revision does not take away jurisdiction of trial Court to entertain and dispose of application - When applicant was proceeded exparte without due service of notice,..........
Consumer Protection Act, 1986, Section 13(4) -- Banking service - Cheque - Handwriting expert - Fraudulent payment made by respondent bank on cheque allegedly having forged signatures - OP relied upon the Report of Handwriting Expert of its choice - Application of petitioner/complainant for referring the matter to Government Handwriting Expert rejected by the District..........
