Limitation Act, 1963, Section 14 -- Limitation - Exemption from - Held, relief u/s 14 should be claimed in a subsequent suit after the first "civil proceeding" is turned down defective...........
Criminal trial -- Nature of injuries and cause of death - Medical opinion - Doctor who examined the deceased and conducted post mortem is the only competent person to opine the nature of injuries and the cause of death - It is only in a case, where the opinion is inherently defective, Court will discard its evidence...........
Consumer Protection Act, 1986, Section 2(1)(f), 2(1)(g), 14(1)(d) -- Car - Defective car - Manufacturing defect - The vehicle started giving trouble within 15 days from the date of its purchase - Despite change of replacement of several parts it again broke down - Entire engine of the car was replaced - Plea by appellant/OP No.1 dealer that he is only dealer and OP No.3..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Effect - Informant did not name assailant before police officer who was in-charge of concerned police station and investigating case - However, subsequently, he made statement to police officer who was in-charge of different police station - Held, evidence of informant and of police officer of..........
Consumer Protection Act, 1986, Section 2(1)(f), 14(1)(d) -- Seeds - Defective paddy seeds - Compensation - Despite the fact that a report of expert was filed the appellant/manufacturer did not file the test report before its release of seeds into the market - It did not file any of the test reports furnished by the seeds testing laboratory - Evidence of complainants in the..........
Maharashtra Local Authority Members Disqualification Act, 1987, Section 3(1)(a) -- Disqualification petition containing defective verification - Defect is curable - Failure to verify annexures to petition at the time of filing petition, neither vitiates proceedings nor render petition invalid or affect jurisdiction of Collector to entertain and decide disqualification..........
Medical negligence -- Surgery - Blood transfusion - Defective blood - Blood transfused without its prior testing by them - There was negligence on the part of the OP Nos.1 and 2 while transfusing blood to the deceased at the time of conducting surgery upon her - Award passed by one of the Members allowing compensation of Rs.Six lacs against OP Nos.1 and 2 upheld and that..........
Medical negligence -- Surgery - Blood transfusion - Defective blood - Blood transfused without its prior testing by them - There was negligence on the part of the OP Nos.1 and 2 while transfusing blood to the deceased at the time of conducting surgery upon her - Award passed by one of the Members allowing compensation of Rs.Six lacs against OP Nos.1 and 2 upheld and that..........
Tyres -- Defective tyres - Deficiency in service - Unfair trade practice - Compensation - Tyres got damaged after covering only 2000 kms. within warranty period - Contention that damage caused to the tyres due to defective wheel balancing not substantiated - Held that there is deficiency in service as well as unfair trade practice on the part of OP by not replacing the..........
Consumer Protection Act, 1986, Section 3, 14(1)(c), Sale of Goods Act, 1930, Section 12(3) -- Defective goods - Petitioner purchasing car - Engine of car found to be defective - Manufacturing company replacing the engine - Petitioner wanted replacement of car alleging that it had inherent manufacturing defects - Company denying existence of inherent manufacturing defect -..........
