Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d),Insurance,claim -- Deficiency is service - Compensation - Interest - Complainant had informed the insurance company of the loss in time on 30.4.1991 - He continued writing time and again to the insurance company for settlement of claim but neither any reply given nor claim repudiated till 1995 - Plea of the..........
Arbitration Act, 1940, Section 20 -- Arbitration - Cause of action - Arbitration clause providing that all parties would resolve such differences by mutual consultation failing which either party must give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred for the final determination - Appellant issued..........
Rent and Eviction -- Sub-tenancy - Permission - Previous consent in writing of the landlord with respect to each sub-letting separately is essential and a general authority to the tenant in this regard is not sufficient. (West Bengal Premises Tenancy Act, 1956, S.13(1)(a), 13(3), 14 & 16)...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Admission - Court can pass judgment on the basis of admissions in pleadings or otherwise, whether oral or in writing, when the same is clear and unambiguous - However when facts are in controversy Court will defer passing any judgment but legal pleas can always be considered...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Should be in writing - It can be signed not only by party alone in person but by its Advocate also and a decree can be passed on the basis of such compromise...........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 73, 45 -- Specimen handwriting - During investigation - Direction of Court to accused to give handwriting in course of investigation to enable investigating agency to compare such writing - Can be made under provision of S.164 Cr.P.C. - Section 73 of Evidence Act is no impediment - Handwriting opinion..........
Criminal Procedure Code, 1973, Section 195, 340, 156(3), 193 -- Affidavit - Genuineness doubted - Sessions Judge - Can't direct enquiry/investigation by CJM or Police - If prima facie satisfied then a complaint in writing has to be sent to a Magistrate of the first class having jurisdiction...........
Civil Procedure Code, 1908, Order 3, Rule 4(2) -- 'No instructions' - Before dismissal of suit Court to issue notice to the party - Counsel continues to represent party until he is permitted to withdraw in writing...........
Civil Procedure Code, 1908, Order 3, Rule 4(2) -- 'No instructions' - Prayer to be made in writing and before granting leave to withdraw from the case Court to ensure that the party on whose behalf the counsel was appearing has knowledge of such withdrawal from the case...........
Promissory note -- Name of payee left blank - It is even then a promissory note if it is in writing and containing an unconditional undertaking to repay the amount and singed by the maker and delivered to the payee - Such an instrument can be enforced - Holder of such document can fill up the name of payee and his other particulars at a later stage...........
