Contract Act, 1872, Section 226 -- Agent's contract - Enforcement and consequences of - Held, provisions of S.226 unequivocally suggests that enforcement and consequences of agent's contracts have got same force and same legal consequences as if contracts had been entered into as done by principal in person - This provision does not suggest that principal is liable for..........
Consumer Protection Act, 1986, Section 2(1)(g), 3, Limitation Act, 1963, Article 54, Contract Act, 1872, Section 23, 24, 28 -- Additional remedy - Complicated questions of facts and law - Plot allotment - Sale Deed - Execution of - Specific performance - Limitation - Original contract made between deceased 'S' and deceased -'M-' sometime in 1969 - Assuming that no date was..........
Service -- Post of Legal Advisor - Bar Council certificate attached - Whether UPSC is obliged to take note of it without there being a valid LLB degree certificate? - Held, Yes - Certificate issued by Bar Council must have been issued keeping in view that he possessed Degree in law awarded by a University recognized by the Bar Council of India and certificate issued by..........
Medical Termination of Pregnancy Act, 1971, Section 3, 8, Medical Termination of Pregnancy Rules, 2003, Tort, Civil Procedure Code, 1908, Order 7, Rule 11 -- Damages - Wife if does not want to continue with the pregnancy can get the foetus aborted - Consent of husband is not required - Husband cannot claim damages from medical practitioner on the ground that pregnancy was..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Ingredients : (i) the plaintiff must be a person entitled to any legal character or to any right as to property; (ii) the defendant must be a person denying, or interested to deny, the plaintiff's title to such character or right; (iii) the declaration sued for must be a declaration that the plaintiff is..........
Civil procedure Code, 1908, Order 22, Rule 5 - - Legal representative - Scope of O.22.R.5 CPC - An inquiry into heirship is not determining factor in deciding whether a person is or is not a legal representative for purpose of proceedings before court - What is required to be considered is whether person claiming to represent estate of deceased for purpose of lis has..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) and 21(b), Contract Act, 1872, Section 230 -- Goods carriage - Agents - liability - It is the petitioner who has booked the consignment of respondent No.1 and he has received the goods on behalf of respondent Nos. 2 and 3, with undertaking to deliver the same to respondent No.4 - The goods were admittedly delivered..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Medical negligence - Concurrent findings - Adverse inference - Surgery of abdomen - Swelling and pain in abdomen - Second Sonography done and second operation performed - Death of patient - Petitioner did not file Sonography report which was vital document and on the basis of which second operation was..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Honour killing - Applicant had made no effort to trace out his missing daughter which is most unnatural conduct on part of a father, specially when he denies any love affair of deceased with any person - Held, conduct of applicant goes heavily against him - Such cases are to be dealt with stern hands and such alleged..........
Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 21 -- Dishonour of cheque - Matter referred to Lok Adalat - Award based on compromise - It is a decree and is executable by Civil Court irrespective of the fact that reference was made by a Criminal Court - Act does not make out any distinction between the reference made by a Civil..........
