Civil procedure code order 26 rule 9 sec 151 cpc appointment of local commissioner

 Civil Procedure Code, 1908, O.26.R.9, S.151 - Appointment of Local Commissioner - Application filed to collect evidence in support of his case - Plaintiff cannot be permitted to involve Court to hunt for evidence - Application rightly dismissed.  (2025(1) Civil Court Cases 289 (H.P.)

Concealment of material facts - If an order has been passed by concealment of material facts, then it is duty of Court to correct the facts if brought to its notice. (Lawmirror.com File Number 84403 (Rajasthan)


Consumer Protection Act, 1986, S.12 - Consumer complaint - Non filing of written statement - Forfeiture of right to file written statement - That by itself does not make it obligatory for NCDRC to pass an order in favour of a complainant in case complainant fails to establish its case. (2025(1) Apex Court Judgments 480 (S.C.)   


Consumer Protection Act, 1986, S.24-A - Consumer complaint - Limitation - Allotment of plot - Respondent authority issued reminders to complainant from time to time - Ongoing interactions between parties including respondent's acceptance of part payment in 2019 and reminders sent effectively extended the limitation period - NCDRC rightly applied Ss.18, 19 of Limitation Act which extend the limitation period where part payments or acknowledgments are made - Consequently, cause of action continued to exist and filing of complaint in July 2020 is within limitation period.    (2025(1) Civil Court Cases 505 (S.C.)  


Criminal Procedure Code, 1973, S.357-A, (Bharatiya Nagarik Suraksha Sanhita, 2023, S.396) - Victim compensation - Case concerning  bodily injuries such as sexual assault etc. - Directions issued: (i) Sessions Court, which adjudicates a case concerning  bodily injuries such as sexual assault etc. particularly on minor children and women shall order for victim compensation to be paid having regard to the facts and circumstances of the case and based on the evidence on record, while passing the judgment either convicting or acquitting the accused; (ii) Said direction must be implemented by District Legal Services Authority or State Legal Services Authority, as the case may be, in letter and spirit and in the quickest manner and to ensure that victim is paid the compensation at the earliest; (iii) There can also be a direction for payment of interim compensation which could be made by Sessions Court depending upon the facts of each case. (2025(1) Apex Court Judgments 556 (S.C.) 


Dishonour of cheque - Issuance of cheque admitted - There is no necessity to examine `S' in whose presence the cheque amount was advanced. (Lawmirror.com File Number 85890 (H.P.)


Domestic violence - If a Hindu/Christian/Parsi/Jew husband contracts second marriage during the subsistence of the first marriage, it would constitute cruelty besides being an offence of bigamy - It would obviously be considered an act of domestic violence entitling the wife to claim compensation.

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