Evidence Act, 1872, Section 133, 114(b) -- Accomplice is competent to give evidence - However, it is almost always unsafe to convict upon his testimony alone - Though conviction of an accused on the testimony of an accomplice cannot be said to be illegal yet Court will, as a matter of practice, not accept the evidence of such a witness without corroboration in material..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Evidence on affidavit - Object of - Held, filing of affidavit, in terms of O.18.R.4 of CPC, of any witness is evidence of the witness to facilitate opposite party to enable and make him ready to cross-examine witness after proper preparation - Courts shall adopt normal practice of directing the party to produce evidence in..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d), 21(b) -- Revisional jurisdiction - Concurrent findings - Medical negligence - Unfair trade practice - Renal failure - Petitioner's hospital did not have any infrastructure for kidney transplant nor there was any surgeon to conduct such operation - Inspite thereof the patient with such a serious condition..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d), 21(b) -- Revisional jurisdiction - Concurrent findings - Medical negligence - Unfair trade practice - Renal failure - Petitioner's hospital did not have any infrastructure for kidney transplant nor there was any surgeon to conduct such operation - Inspite thereof the patient with such a serious condition..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d), 21(b) -- Tractor - Purchase of - Deficiency in service - Unfair trade practice - Three items for which payment made by the respondent-complainant allegedly not supplied - Since items provided have been clearly listed out and in acknowledgement the Respondent's signature are also there - Unable to accept the..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d), 21(b) -- Tractor - Purchase of - Deficiency in service - Unfair trade practice - Three items for which payment made by the respondent - complainant allegedly not supplied - Since items provided have been clearly listed out and in acknowledgement the Rerspondent's signature are also there - Unable to accept..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d), 15 -- Unfair trade practice - Deficiency in service - Compensation - Motor vehicle - Selling of vehicle used for demonstration as brand new vehicle - Findings of the District Forum that it tantamount to deficiency in service and indulgence into unfair trade practice upheld and appeal liable to be dismissed...........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(e), 2(r) -- Plot-Auction purchase - Consumer - Consumer dispute - Plea that dispute would not fall within the purview of a `consumer dispute' in terms of Section 2(1)(e) of the CP Act nor would the respondent qualify as a `consumer' under the definition of Section 2(1)(d) of the Act repelled - Grievance of the..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(e), 2(r) -- Plot - Auction purchase - Consumer - Consumer dispute - Plea that dispute would not fall within the purview of a 'consumer dispute' in terms of Section 2(1)(e) of the CP Act nor would the respondent qualify as a 'consumer' under the definition of Section 2(1)(d) of the Act repelled - Grievance of the..........
Practice and Procedure -- Grant of relief not claimed - Permissibility - Suit was simplicitor for injunction but trial court has decreed the same for possession - Held, not permissible under law...........
