Civil Procedure Code, 1908, Section 115, Order 19, Rule 1, 2, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Affidavit - Cross examination of deponent - In interim proceedings to be allowed in rarest of rare cases where it is unavoidable and for valid reasons - Trial Court permitting cross-examination of deponents in interim proceedings without valid reasons - Order..........
Consumer Protection Act, 1986, Section 2(1)(g), 17 -- Medical negligence - Deficiency in service - Surgical operation - Death of patient - Complainant failing to establish by cogent evidence any negligence on part of the Doctor - Complaint dismissed...........
Consumer Protection Act, 1986, Section 2, 17 -- Electricity - Meter going dead in 1991 - New meter installed in 1994 - Complainant paying fixed monthly charges - Audit objection - Complainant asked to pay additional charges on the basis of average - Department cannot be allowed to charge bills on the basis of old average particularly when it had failed to replace the..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Deficiency in service - Consumer - Accidental fire of gun had nothing to do with the question of rendering service by the bank to the complainant - Was not in connection with the rendering of service by the bank - District Forum was justified in dismissing the complaint...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, Civil Procedure Code, 1908, Order 9, Rule 2 -- Suit dismissed against few defendants under Order 9 Rule 2 - Plaintiff can proceed with the suit against other defendants - Proceeding ex parte against the other defendants would also not affect the suit proceeding against the remaining sole defendant...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2(a), 6(2) -- Recognised agent - Includes General Power of attorney holder - When plaintiff's Advocate himself files GPA, Court is bound to take note that execution and authorisation by plaintiff is prima facie established - Reason for appointing GPA to prosecute litigation irrelevant - Court cannot probe into propriety or..........
Punjab Village Common Lands (Regulation) Act, Section 2(g)(iv) -- Land acquired before 26.1.1950 by purchase from co-sharer in Shamlat Deh, not more than his share-Does not vest in Gram Panchayat particularly when the purchaser or the co-sharer was in possession-Person having purchased the land from co-sharer to the extent of his share and was in possession before the date..........
Consumer Protection Act, 1986, Section 2(1)(g), 21 -- Deficiency in servicer - Negotiation of loan - Opposite party agreeing to provide working capital - Non-completion of project in time - Cost overrun increase requirement of capital - Default in payment of instalments - Notice issued recalling outstanding amount - Opposite party taking over unit as it suspected removal..........
Consumer Protection Act, 1986, Section 2, 17 -- S.T.D. facility - Disconnected in 1986 - Restored in 1990 after conversion of exchange in electronic exchange - No notice given about restoration of S.T.D. facility - Excessive telephone bill on account of availability of S.T.D. facility cannot be sustained...........
Consumer Protection Act, 1986, Section 2, 17 -- Deficiency in service - Hiring of bus - Inconvenience caused to Bar a ties as the bus did not reach in time at the place wherefrom Baraties were to be taken - Compensation of Rs.4,000/- awarded...........
