Consumer Protection Act, 1986, Section 24A -- Limitation - Cause of action arose during 1989 and April, 1992 - Complaint filed in January, 2001 without filing application seeking condonation of delay in terms of Sub-section (2) of Section 24-A - Complaint dismissed in limine being hopelessly barred by limitation...........
Civil Procedure Code, 1908, Order 9, Rule 13, Arbitration Act, 1940, Section 17, 30, 33 -- Arbitration award - Objections not filed and ex parte decree passed - Held, O.9.R.13 CPC is applicable - If application for setting aside the award is filed beyond the prescribe time and sufficient cause for condoning the delay in filing objection application is established, Court..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Arbitration award - Objections within 30 days not filed - Decree passed - Amounts to exparte decree - Application to set aside exparte decree - Delay - Condonation - Within period of limitation counsel instructed to file objections under S.33 - Delay in preparing objections by counsel - Delay of 12 to 13 days in preparing..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Condonation of delay - Sufficient cause - In the application for seeking condonation of delay the appellant has not cared even to fill in the blanks - The application is not even supported by affidavit - Held that the delay in filing the appeal, as per statutory provisions, cannot be condoned as a matter of generosity..........
Telephone Service -- Deficiency in service - Defect in the telephone set right after a delay of 53 days - Contention of the appellant-Chennai Telephones that the delay occurred as they could not get the permission of the Chennai Corporation for digging up pits in the road for pretty long, repelled on the ground that not even a single correspondence had been placed on..........
Evidence Act, 1872, Section 45 -- Comparison of disputed signatures with admitted signatures - Sought during pendency of first appeal - Application rejected - Permission sought after 10 years of filing of first appeal - No explanation for the delay - No reason for not taking the step in the trial Court inspite of the fact that execution of the alleged agreement was denied..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Conviction by High Court setting aside acquittal - Appeal against - Four eye witnesses had seen the quarrel between accused and deceased and accused firing at deceased by his licenced gun and running away from spot - Evidence of eye witnesses corroborated by medical evidence - Nothing to suggest that FIR..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Housing - Registration fee - Refund - Deficiency in service - Interest - Delay of 6-7 years in refund of registration fee - Award of interest @ 18% p.a. on the amount of deposit made by the claimants by the District Forum upheld...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Sufficient cause - Summons not duly served - Summons report also not made available to Court till date appellants were proceeded ex parte - Hence they could not get knowledge as to pendency of suit till date of execution of warrant of possession - Plaintiff also played fraud in obtaining ex parte decree - Held, in..........
Contract of Insurance -- It will be concluded only when the party to whom an offer is made accepts it unconditionally and communicates its acceptance to the person making the offer - In the case of insurance proposal silence does not denote consent and no binding contract arises until the person to whom an offer is made says or does something to signify his acceptance -..........
