Civil Procedure Code, 1908, Order 9, Rule 3, Civil Procedure Code, 1908, Section , Order 17, Rule 2, 3 -- Evidence closed by order when no evidence was led inspite of repeated adjournments and decree granted - Application U.O.9.R.13 to set aside judgment and decree - Application dismissed by holding that application U.O.9.R.13 CPC is not maintainable and only remedy..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - An issue of law may be tried as a preliminary issue provided it relates to the jurisdiction of Court or to a bar to the suit created by law for the time being in force - It is discretion of Court to try an issue as preliminary issue or not - Court is not duty bound to decide any issue as preliminary issue...........
Consumer Protection Act, 1986, Section 2(1)(f) -- Motor car - Manufacturing defect - Only the complaint relating to noise from engine and gear box - There was no other major defect which made the vehicle incapable of operation, particularly when the engine was replaced with a new one - Findings recorded by the National Commission upheld - In addition to the directions..........
Consumer Protection Act, 1986, Section 2(1)(f) -- Motor car - Manufacturing defect - Only the complaint relating to noise from engine and gear box - There was no other major defect which made the vehicle incapable of operation, particularly when the engine was replaced with a new one - Findings recorded by the National Commission upheld - In addition to the directions..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - No amount of evidence or arguments can be looked into or considered in the absence of pleadings and issues...........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d) -- Motor vehicle - Manufacturing defect - Unfair trade practice - Deficiency in service - Necessary party - Allegation of manufacturing defect, deficiency in service and unfair trade practice against OP No. 1 and 2, i.e. dealer and Manufacturer - Neither any allegation against OP No. 3 who financed the..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d) -- Motor vehicle - Manufacturing defect - Unfair trade practice - Deficiency in service - Compensation - Expert report - As per expert report there occurred premature replacement and overhauling of the master cylinder of the vehicle and replacement of the entire gearbox during warranty period - Replacement..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d) -- Motor vehicle - Manufacturing defect - Unfair trade practice - Deficiency in service - Necessary party - Allegation of manufacturing defect, deficiency in service and unfair trade practice against OP No. 1 and 2, i.e. dealer and Manufacturer - Neither any allegation against OP No. 3 who financed the..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d) -- Motor vehicle - Manufacturing defect - Unfair trade practice - Deficiency in service - Compensation - Expert report - As per expert report there occurred premature replacement and overhauling of the master cylinder of the vehicle and replacement of the entire gearbox during warranty period - Replacement..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d) -- Motor vehicle - Manufacturing defect - Unfair trade practice - Deficiency in service - Compensation - Expert report' - As per expert report there occurred premature replacement and overhauling of the master cylinder of the vehicle and replacement of the entire gearbox during warranty period - Replacement..........
