Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - (a) substance of the document must be preferred to the form; (b) the real test is the intention of the parties-whether they intended to create a lease or a license; (c) if the document creates an interest in the property, it is a lease; but, if it only permits another to make..........
Criminal Procedure Code, 1973, Section 456 -- Restoration of possession - Mode of execution of order of restoration of possession - Held, as per S.456 Cr.P.C. Court is empowered to order restoration of possession to aggrieved person, after evicting by force, if necessary, either accused, his legal representatives or any other person who may be in possession of the..........
Drugs and Cosmetics Act, 1940, Section 25(3) -- Report of Govt.analyst - Evidentiary value of - Held, it is a settled legal proposition that report of analyst is conclusive - It means that no reasons are needed in support of conclusion given in report, nor it is required that report should contain mode or particulars of analysis...........
Medical negligence -- Compensation - Surgery - Slip disc - Complainant advised neurosurgery by Neurologist for his slip disc - Respondent - OP doctor though not a neurosurgeon but an orthopaedician conducted the surgery - The appellant did not have the bowl and bladder disturbance prior to the surgery carried out by the respondent - The appellant rather than recovering..........
Medical negligence -- Compensation - Surgery - Slip disc - Complainant advised neurosurgery by Neurologist for his slip disc - Respondent - OP doctor though not a neurosurgeon but an orthopaedician conducted the surgery - The appellant did not have the bowl and bladder disturbance prior to the surgery carried out by the respondent - The appellant rather than recovering..........
Medical negligence -- Compensation - Surgery - Slip disc - Complainant advised neurosurgery by Neurologist for his slip disc - Respondent-OP doctor though not a neurosurgeon but an orthopaedician conducted the surgery -The appellant did not have the bowl and bladder disturbance prior to the surgery carried out by the respondent - The appellant rather than recovering from..........
Medical negligence -- Expert medical opinion - Excessive vaginal bleeding with pain - D&C procedure performed in 1990 by OP1 on deceased patient 'K' wife of appellant - Subsequent treatment by OP2 - Plea by appellant - complainant that because of 'K's' prolonged complaint of menorrhagia and specific recommendations of the HPE conducted in 1990 it was necessary for OP2 to..........
Motor Vehicles Act, 1988, Section 140,166 -- Accident claim - Entitlement of married daughter - No fault liability - Though there is no loss of dependency yet married daughter is entitled to compensation since she is entitled to inherit estate of deceased persons and would be `legal representative' u/s 166 of the Act...........
Medical negligence -- Expert medical opinion - Excessive vaginal bleeding with pain - D&C procedure performed in 1990 by OP1 on deceased patient 'K' wife of appellant - Subsequent treatment by OP2 - Plea by appellant - complainant that because of 'K's' prolonged complaint of menorrhagia and specific recommendations of the HPE conducted in 1990 it was necessary for OP2 to..........
Medical negligence -- Expert medical opinion - Excessive vaginal bleeding with pain - D&C procedure performed in 1990 by OP1 on deceased patient `K' wife of appellant - Subsequent treatment by OP2 - Plea by appellant-complainant that because of `K's' prolonged complaint of menorrhagia and specific recommendations of the HPE conducted in 1990 it was necessary for OP2 to at..........