Car -- Manufacturing defect - Cracks in the paint - Complainant failed to establish his case that the original paint of the car had some manufacturing defect or that the dealer had repainted the care - The Forum below has jumped to the conclusion of there being a manufacturing defect in the paint of the car and wrongly recorded its finding that the car needed replacement..........
Precedent -- Court must give reasons as to why the judgment cited is not applicable in the facts and circumstances of the case...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Application is not maintainable during pendency of an appeal filed against exparte judgment and decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Application filed during pendency of appeal filed against exparte judgment and decree - Application not maintainable even when appeal is adjourned sine die - Appeal adjourned sine die not to be construed as finally disposed of for all intents and purposes - An appeal, which is adjourned sine..........
Civil Procedure Code, 1908, Section 153 -- Decree - Non-preparation thereof - Whether a defect in proceedings in suit? - Held, no, preparation of decree by trial court after pronouncing judgment could very well be considered a defect in proceedings in suit which can be cured in terms of S.153 CPC...........
Criminal Procedure Code, 1973, Section 378, Prevention of Corruption Act, 1988, Section 13, 7 -- Appeal against acquittal in a illegal gratification case - Interference in an appeal - Held, interference in an appeal against acquittal would be called for only if judgment under appeal is perverse and is based on misreading of evidence - Merely because the appellate court was..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal decided without deciding the application for additional evidence - Impugned judgment set aside - Matter remanded - Appeal to be decided after deciding application U.O.41.R.27 in the first instance...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Sale deed sought to be filed by way of additional evidence - No dispute with regard to ownership and title of plaintiffs over the plots described in the plaint - Order rejecting application by holding that additional evidence would be of no help in pronouncing the judgment - Order..........
Civil Procedure Code, 1908, Section 151, Constitution of India, 1950, Article 227 -- Court proceedings - Correctness thereof - Challenge thereto - Procedure to be followed - Held, if a party thinks that happenings in court have wrongly been recorded in a judgment it is incumbent upon the party, while the matter is still fresh in minds of the Judges to call attention of the..........
Civil Procedure Code, 1908, Order 37, Rule 3, Civil Procedure Code, 1908, Order 38, Rule 5 -- Summary suit - Leave to defend - Granted subject to furnishing security - Contention that when a case for leave to defend is made out, the defendant cannot be burdened with condition of furnishing of security - However, conditions for attachment before judgment are made out as..........
