Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought at the stage when case was fixed for final arguments - Partition agreement sought to be introduced by way of amendment was in existence at the time of filing written statement - Long delay - Amendment can be allowed even in case of long delay if acceptable material is placed before the..........
Criminal Procedure Code, 1973, Section 314 -- Permission to file written submissions - Refusal for - Validity - Arguments are concluded by parties, proceedings and hearing of case is over and Court has only to announce judgment - Permission sought to file written submissions - Held, if after this stage written arguments are allowed to be placed on record, there is no..........
Constitution of India, 1950, Article 226, 14, Consumer Protection Act, 1986, Section 21 -- National Commission dismissing petition - Challenge on ground of violation of principle of natural justice - Plea of petitioner that written synopsis was submitted by other party after passing of order of National Commission - Contentions and arguments raised by parties have been..........
Medical negligence -- Hysterectomy surgery - Death of wife of the complainant - Case sheets not given to the complainant by appellant-doctor despite several requests - They were only filed during the course of arguments which motivated the State Commission to take adverse note of their conducted - These records were written at one stretch, long after the events have..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Defendant who has not filed written statement but is appearing Court cannot be proceeded ex parte - He can cross examine plaintiff's witnesses but such defendant cannot be allowed to lead evidence of his own - Cross examination should be limited to point out the falsity or weakness of plaintiff's case but in cross examination..........
Consumer Protection Act, 1986, Section 15 -- Pleadings - New plea - Electricity bill - Electricity disconnection permanently - Raising of bill subsequently on the ground that it was due to revision in Electricity tariff - As per the rules of the Electricity Department, every due is to be collected before the disconnection - Complainant not informed specifically of the..........
Haryana Urban Development Authority Act, 1977, Section 50(2) -- Under Section 50(2) jurisdiction of Civil Court barred - Specific objection taken in written statement - Court decided issue of jurisdiction in favour of plaintiff by holding that defendant did not press the same at the time of arguments - Erroneous - A concession cannot confer jurisdiction in a Court, where..........
Civil Procedure Code, 1908, Order 18, Rule 3(A), 3(B), 3(C), 3(D) -- Written arguments - Can be filed with express permission of Court and before conclusion of oral arguments - Copy of written arguments is required to be furnished to the opposite party...........
Civil Procedure Code, 1908, Order 18, Rule 2 -sub-rules (3 - A), (3 - B), (3 - C) and (3 - D) as inserted by Amendment Act 22 of 2002 w.e.f. 1.7.2002 - Written arguments without commencing oral arguments - Cannot be taken on record - Written arguments shall be submitted before concluding oral arguments with express permission of Court - Court if permits written arguments..........
Written arguments -- It is a statutory right to file written arguments - No Court shall ignore the written arguments and refuse to consider the same...........
