Consumer Protection Act, 1986, Section 15 -- Appeal - New plea - Insurance claim - Repudiation - The OP/appellant repudiated the claim vide annexure R-3 in which no distinction made by the OP that the goods which were not for sale were not insured - The OP cannot be allowed to go beyond Annexure R-3 and written reply filed by it before the learned District Forum, to take..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso Plaint and counter - Amendment - Due diligence - Scope and effect of proviso - Commencement of trial - Held, application for amendment of pleadings can be entertained even after commencement of trial - It must be shown by party that inspite of due diligence he could not raise matter of amendment before commencement of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Partition suit - Amendment of pleadings - In a suit for partition, in the event plaintiff has included only certain properties as if they are available for partition and leave some other properties which are also available for partition, request of defendant in such event to include left out properties also in plaint schedule..........
Punjab Regional and Town Planning and Development Act, 1995, Section 54(3) -- Estate officer - Forfeiture of maximum 10% of total sale consideration - Legality of - Respondent No.1 has surrendered site within one year without any loss caused to other side - He was not handed over possession of auction site and thus, he has not enjoyed fruits of site even for a single day -..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- Plaint - Quashing - If Court is satisfied that a suit is filed with mala fide intention and with ulterior motive by incorporating pleadings in the plaint which are false to the knowledge of the..........
Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Compensation - Claim petition - Neither a suit nor an adversarial lis - Principles governing a claim petition - (1) A proceeding for award of compensation in regard to a motor accident can be initiated either on an application for compensation made by the persons aggrieved or suo moto by the Tribunal by treating any..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Valuation of subject matter of suit and payment of Court fee - Cannot be considered at the instance of some of the defendants when other defendants are yet to enter appearance and put in their pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Permissibility - Plaintiff sought inclusion of properties of her father-i, law by way of amendment of pleadings in partition suit - Husband of plaintiff was not added as party defendant to partition suit - Held, such amendment not permissible - It was open for plaintiff to file a separate suit for..........
Jammu and Kashmir Criminal Procedure Code, 1989 -- Relief barred because of limitation - Amendment of plaint - Held, there is no absolute rule that in every case where relief is barred because of limitation an amendment should not be allowed - Discretion in such cases depends on facts and circumstances of the case - Jurisdiction to allow or not to allow an amendment being..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Relief not founded on the pleadings should not be granted...........
