Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - For a summary judgment, ordinarily the original documents must be produced - In case original documents are not available, loss of original documents must be proved - Only because a suit had been entertained as a summary suit, the same by itself cannot be a ground for passing a judgment on mere asking...........
Insurance claim -- Loss of stock/machinery in fire - Matter decided on the basis of bank records - Some margin has to be kept for exaggeration in such cases - Stock ranged between 1,16,000 to Rs. 1,78,000 which included burnt and semi burnt paper also - Loss of about Rs. 1,20,000 accepted - Considering all claim including interest amount fixed Rs. 1,50,000 in all...........
Court Fees Act, 1870, Section 7(iv)(f) -- Rendition of accounts - Respondent not aware of exact amount of loss suffered by him or profit earned by the petitioners to affix the proper Court Fees - Held, that Court has power at any stage of the proceedings to direct the respondents to affix the Court Fees according to the damages assessed by it - In case of under valuation,..........
Seeds -- Non supply of despite receipt of payment - Held to be deficiency in service on the part of the company who were dealing with the seeds and continuously supply seeds to the complainant - Refund of amount allowed by the District Forum upheld - Since there is nothing on record to show that loss has actually been suffered by the complaint amount of Rs. 3,000/ -..........
Consumer Protection Act, 1986, Section 2(1)(g), Carriers Act, 1865, Section 10 -- Carriers service - Notice of loss or injury - Notice to agent is sufficient, adequate and constructive notice to carriers for the purpose of Section 10 of the Carriers Act...........
Consumer Protection Act, 1986, Section 2(1)(g), Carriers Act, 1865, Section 10 -- Carriers service - Notice of loss or injury - Driver of the carrier had made an endorsement on the reverse page of the document on 5.3.1998 to the effect that the goods booked in the box and box was found broken and goods were in damaged condition - Complaint filed on 1.4.1998 - Reply to the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Courier service - Share certificates - Loss in transit - Packet was not got insured - If the value of the package was about Rs. 3 Lakh, the complainant was also supposed to take care and insured the package - The complainant also contributed towards the loss of package by not getting it insured - It would not appear..........
Evidence Act, 1872, Section 32 -- FIR as dying declaration - Non production of original FIR - Original FIR could not be produced as the registers relating to non-cognizable offence were destroyed after a lapse of two years - Loss of original FIR duly proved and secondary evidence adduced - Held, no adverse inference could be drawn against prosecution for non production of..........
Civil Procedure Code, 1908, Section 151 -- Inherent power - Selling same site to different persons - Illegal act of House Building Society - Court in such cases can exercise its inherent power to direct delinquent society to make good loss suffered by member even when no such prayer is made by party duped by society...........
Electrocution -- Compensation - Electrocution of husband of appellant No. 1 and father of appellant No. 2 and 3 had taken place due to his contact with stay wire which was not insulated properly - Accident had taken place due to negligence of OPs - Held liable to pay compensation - Deceased a young man of 33 years a Commando Police - Earning Rs. 6,176/ - p.m. - Loss to..........
