Motor Vehicles Act, 1988, Section 166 -- Composite negligence - Compensation - Wife of claimant deposed that center of front of both vehicles had struck against each other, her husband was driving car at high speed and was negligent to some extent - In absence of any rebuttal of deposition of wife, no error much illegality can be noticed in findings of Tribunal that..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Expartee decree - Decree holder has recorded concession for setting aside ex parte decree - In meantime decree holder sold land - Purchaser applied for being impleaded as party in application for setting aside exparte decree - Allowed by trial Court -..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Counsel for plaintiff not present - Counsel for defendant present - Plaintiff did not adduce any evidence and claim of plaintiff not admitted by defendants - In such a situation suit can only be dismissed by invoking O.9.R.8 CPC - Plaintiff thus can seek restoration of suit U.O.9.R.9 CPC - Court in such a..........
Consumer Protection Act, 1986, Section 2(d), 14(d), 14(hb) -- Consumer - Registered society running charitable institution for providing hostel facility to help adivasi students is a consumer u/s 2(d) of Act - Purchase of tiles and laying in the same in the rooms of girl's hostel by Society is thus, not for any commercial purpose - Since said tiles were defective and..........
Civil Procedure Code, 1908, Section 11, Order 12, Rule 6 -- Judgment on admission - Res judicata - Suit for possession - First appellate Court in his earlier judgment while remanding the matter to trial Court held that Delhi Rent Control (DRC) Act not applicable to suit premises - Defendant did not challenge the said judgment and it became final and binding on defendant -..........
Family Courts Act, 1984, Section 7(1) -- Explanation (c), Hindu Marriage Act, 1955, S.27 - Application for return of stridhan - To be presented in the form of plaint, failing which mandatory pre-requisites u/s 20 of Hindu Marriage Act would be missing and application itself will be outrightly dismissal at threshold - Family Court committed no error in directing the..........
Indian Penal Code, 1860, Section 302 -- Murder - Evidence of injured eye witness not reliable - Evidence of finger prints experts not believable - Though human blood was detected upon weapons used in committing offence, but quantity was too little to carry out grouping with blood of deceased - Trial Court while acquitting accused properly appreciated evidence - High Court..........
Rent and eviction -- Sub tenancy - Fact that sub tenant was carrying on business from suit premises was admitted by him when he stepped into witness box - This fact is supported by photographs on record - Trial Court after appreciating evidence passed eviction order on the ground of sub-tenancy, which is affirmed in revisional jurisdiction - Findings recorded by Courts..........
Civil Procedure Code, 1908, Section 152 -- Correction of decree - Decree can be corrected only when there is clerical or arithmetical mistake or error arising from any accidental slip or omission on the part of Court - Mistake committed by litigating parties cannot be corrected u/s 152 CPC...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - For review purpose an error must be apparent on the face of record...........
