Civil Procedure Code, 1908, Section 151, Order 17, Rule 2 -- Neither defendant nor his witnesses examined - Request for adjournment - Request rejected and evidence closed - Order can be said to be passed under S.151 and not under O.17 - Order however, not showing that Court considered it necessary to close evidence of defendant to secure ends of justice or to prevent abuse..........
Jammu and Kashmir Consumer Protection Act, 1987, Section 2(1),(d) -- Consumer - G.P. Fund - Person depositing an amount in GPF, if consumer? - The concept of there being some consideration must exist if a person is to come forward with a plea that he is a consumer - A person who deposits an amount in the General Provident Fund cannot be treated as a `consumer'...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 2(d) -- Complaint without signatures - Complaint returned - Complaint with signatures of complainant represented - Complaint shall be deemed to be filed when represented with signatures - Complaint when represented was not within time of accrual of cause of action - Proceedings..........
Civil Procedure Code, 1908, Order 2, Rule 7 -- Misjoinder of causes of action - Objection to be taken before issues are framed, unless ground of objection has subsequently arisen - Such objection not so taken is deemed to have been waived - Once party in defence is so deemed to have waived such objection, legal right accrues to other party to prevent party in defence from..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of the injunction order - Has to be decided on the basis of evidence led in U.O.39.R.2-A application - It has nothing to do with the merits of the suit to be finally decided - If suit is finally dismissed and breach is proved, action may have to be taken for violating the dignity of the Court and judicial system...........
Civil Procedure Code, 1908, Order 19, Rule 1, 2 -- Deponent - Cross examination - Petitioner has to submit very cogent reasons as to why he wants to cross examine the deponent - General type application not mentioning the specific points on which the petitioner wants to cross examine the deponent - Held, application is vague and is rightly rejected by trial Court...........
Civil Procedure Code, 1908, Order 18, Rule 2 -- Production of entire evidence on a single day - The provisions of O.18 do not appear to have been made with a view to eradicate the evil of production of false evidence in the Courts - Trial Court rejected application - Order upheld...........
Consumer Protection Act, 1986, Section 2(1),(g) -- Insurance contract - Insurance claim - Claim resisted on the ground that proposal was not accepted and there was not a concluded valid insurance contract - Plea of the respondent complainant that with the deposit of first premium for issuance of three policies with appellant OP it has right to claim the amount of the sum..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Police constable wrongfully wounded plaintiff by a gun shot resulting in amputation of his right leg - When a person pleads and proves that he was tortured, maimed or assaulted by the police wrongfully, that established fact itself means that the fundamental right of that person to life is violated - Even in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Charitable organisation - Defendant sought to be restrained from operating accounts of charitable organisation - Allegation that defendants diverted huge funds of organisation - Though theoretically amount found ultimately due can be recovered but in reality it would be difficult - Irreparable loss would be caused to..........
