Consumer Protection Act, 1986, Section 2(1)(f) -- Scooter - Manufacturing defect - Expert evidence - As per the report prepared by Chartered Engineers after physical inspection of the scooter, it had inherent problem of wearing clutch plates and current failure and piece is defective which needs to be replaced - The opinion of the expert remained unchallenged - Petitioner..........
Medical negligence -- Surgery was carried out and thereafter 'biliary leak, noticed but no proper action taken resulting in septicaemia - The petitioner had already developed septecaemia while in petitioner Hospital, which was cause of death as recorded by NIMS - The record remained unrebutted and unchallenged - Findings of medical negligence as recorded by District Forum..........
Defence -- Once prosecution led the evidence before the court which remained unchallenged it would be open to accused to rely upon the same for his defence...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal of suit for non prosecution - Suit challenging conveyance deed dismissed for default - Subsequent suit filed for partition - Held, transfer deed thus remained unchallenged - Transfer deed being intact, plaintiff cannot be permitted to claim any right in the property and ask for partition...........
Indian Penal Code, 1860, Section 376 -- Rape - Appeal against conviction - Accused persons made prosecutrix fall on earth, gagged her mouth and committed rape - Statement of prosecutrix remained unchallenged and was duly corroborated by statement of eye-witness, found to be worthy of credence - Seizure memo showing that salwar of prosecutrix was torn from front as stated..........
Transfer of Property Act, 1882, Section 106 -- Notice - Registered notice received back with postal endorsement 'unclaimed' - There is presumption of service - Rebuttal - Statement on oath regarding non receipt of notice is not sufficient to rebut service - Addressee should place some material to rebut service - There is no hard and fast rule as regards the material which..........
Criminal trial -- Prosecution led evidence - The same remained unchallenged - Held, it is open to accused to rely upon same for defence...........
Civil Procedure Code, 1908, Section 100 -- Unchallenged remand order of lower Appellate Court though binding on it is not binding on the superior Courts while hearing the appeal...........
Civil Procedure Code, 1908, Section 11 -- Challenge to partition orders passed under Punjab Land Revenue Act - Order of partition passed by Assistant Collector upheld in appeal by Collector against which revision dismissed by Commissioner - Having availed of remedy before forum of competent jurisdiction - Would be deprived from raising plea of jurisdiction - Suit hit by..........
FIR -- Delay - Occurrence at about 6.30 A.M. - FIR lodged at about 7 A.M. next day - Explanation given was that assailants left the place at about 5 A.M. and atmosphere there was awesome - This part of explanation was not cross examined by the accused - It remained unchallenged and ought to have been believed by High Court as a convincing explanation...........