Consumer Protection Act, 1986, Section 23, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Second consumer complaint - Withdrawal of earlier complaint by Advocate of complainant on the pretext of the case being prolonged by Advocate of the Insurance Company, without having express instructions for withdrawal of complaint - However, for the fault of Advocate, complainant..........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Reprimand is also one of penalties...........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - A-1 gave an undertaking not to resume practice - In view of this undertaking, nothing survives in appeal preferred by complainant against A-1 - However, as regarding A-2 being son of A-1 was in practice only for one year at the relevant time and he was assisting his father/A-1 as his junior colleague -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration and permanent injunction - Both the parties claim title over suit property - In case of title over suit property, parties should prove their case by themselves by letting legally acceptable evidence - Considering nature of relief sought in the suit and rival claim..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner is a discretionary power - If Trial Court considers it necessary for elucidation of the matter in dispute by getting report of Advocate Commissioner, High Court would not interfere in such exercise of discretion of trial Court - Application rightly allowed...........
Advocates Act, 1961, Section 49, 24(3)(d) -- Power of Bar Council of India (BCI) - Rule framed by BCI requiring a candidate for enrollment as an Advocate to have completed his law course from a college recognized/approved by BCI cannot be said to be invalid...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife stated before Family Court that she does not wish to lead her evidence in support of her defence - However, no explanation whatsoever provided by wife to justify her reneging from said statement - Though wife stated that said statement was made by her on the wrong advice of..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of complainant - Complainant, after filing affidavit in examination-in-chief was cross examined - For the purpose to arrive at a just decision and fair conclusion, re-examination of complainant can be permitted and complainant for the mistake..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Petitioner is a practicing advocate with husband of complainant and is openly helping him apart from interfering in their peaceful married life - Allegations against petitioner even if presumed to be true, do not make out any case against petitioner under the Act - Proceedings qua..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife had been duly served with summons in divorce petition - There is no irregularity in service of summons - Wife had handed over the copy of divorce petition to her advocate which leads to conclusion that she had notice of date of hearing and had sufficient time to..........
