Consumer Protection Act, 1986, Section 13(2),(i) -- Medical negligence - Evidence by way of affidavit not led by any party - Illegality writ large on the face of it - Order passed by the State Commission set aside and the case remanded back to the State Commission to give an opportunity to both the parties to lead evidence by way of affidavits as also permit..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Repayment alleged - Receipt produced in defence evidence - In rebuttal complainant filed an affidavit that he never issued such receipt and it does not bear his signature and it is forged - Complainant once again cross examined and he once again denied his..........
Civil Procedure Code, 1908, Order 21, Rule 18, 19 -- Execution - Cross decree and cross claims - Rule 18 is applicable in the case where applications are made to the Court for execution of the cross-decrees in separate suits for payment of two sums of money passed between the same parties and Rule 19 is applicable in the case where the application is made to the Court for..........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Order 21, Rule 18, 19 -- Arbitration award - Arbitrator gave award and cross award - Adjustment of cross award - Provisions of O.21.Rr.18 & 19 are not applicable in case of adjustment of cross award...........
Evidence Act, 1872, Section 154 -- Hostile witness - Witness suppressing truth from Court - There is apparent element of hostility towards the petitioner for one or the other reason - Witness declared hostile and petitioner permitted to cross examine the witness...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Explanation - FIR lodged next morning by wife of deceased - Nobody came forward to accompany the complainant to the police station in the dark night and she had to wait till the morning to come to the police station - No question put in cross examination as to the reason for delay in lodging FIR - No suggestion..........
Consumer Protection Act, 1986, Section 13,21 -- Summary proceedings - Complicated questions - Conspiracy of forging documents - There are nearly 8 persons said to be conspirators as alleged by the CBI after investigation - The matter cannot be decided on the basis of documents and interrogatories - The witnesses are required to be cross-examined elaborately to bring out..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Suit decreed with an adverse finding - No appeal can be filed by the decree holder for challenging such a finding - Only remedy to that party is to challenge the adverse finding by way of cross objections whenever other party files an appeal challenging the decree - Appeal not maintainable...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix told her mother that accused raped her whole night but in cross examination she stated that accused committed bad act by inserting his penis twice and she became unconscious throughout night - Medical evidence that hymen of prosecutrix was ruptured, but rupture was old and that there were no injuries on her private..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Statement therein beyond pleadings - Cannot be struck out - It is always open to the opposite party to put the same to the witness in his cross examination...........
