Showing : 31-40 of 56 Results

DELHI HIGH COURT
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 304A-- Medical negligence - Patient went to a doctor who referred the case to another Hospital as equipment for his treatment was not available with him - Patient died - Medical Board exonerated the doctor - Held, that what may be negligence in civil law may not necessarily be negligence in criminal law..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Tort-- Continuous breach - Limitation - A suit for damages stands on a different footing vis-'-vis a continuous wrong in respect of enjoyment of one's right in a property - When right of way is claimed, whether public or private, over a land over which the Tort feaser has no right of possession, the..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Limitation Act, 1963, Section 22-- Continuing wrong - Tort feasor - When a right of way is claimed whether public or private over a certain land over which the tort feasor has no right of possession, the breaches would be continuing one...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Custodial torture and illegal detention-- Compensation - Award of in proceedings under Article 32 or 226 - Compensation against State is an appropriate and effective remedy for redress of established infringement of fundamental right under Article 21 of the Constitution of India, by a public servant - Quantum depends upon facts and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Motor Vehicles Act, 1988, Section 166-- Accident - Compensation - FIR tendered in evidence without any objection as to its contents - As liability in tort is to be fixed on preponderance of probabilities as such FIR being a public document is ex facie admissible in evidence - Apart from this, independent witness clearly stating that..........
MADHYA PRADESH HIGH COURT
Year of decision: 2004
Details
Motor Vehicles Act, 1988, Section 166, 168-- Joint tort feasors - Composite negligence - Apportionment - It is not necessary to apportion the claim when it is not possible to determine the ratio of negligence of joint tort feasors...........
MADHYA PRADESH HIGH COURT
Year of decision: 2004
Details
Motor Vehicles Act, 1988, Section 166, 168-- Joint tort feasors - Composite negligence - Death on account of act of two vehicles - Owner, driver and Insurer of one of the vehicles can be sued and it is not necessary to sue owner, driver and insurer of both the vehicles - Claimant may impleaded owner, driver and insurer of both the vehicles..........
THE CONSUMER DISPUTES REDRESSAL COMMISSION, UNION TERRITORY, CHANDIGARH
Year of decision: 2003
Details
Medical negligence-- `Actio personalis moritur cum persona' - Legal representatives - Bringing on record - The personal action dies with the death of the person - Medical negligence committed by doctor which amounts to personal wrong done by him he may be liable for damages - But his death extinguishes his liability..........
MADRAS HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 19-- Letters Patent (Madras) S.12 r/w Original Side Rules, O.3.R.1 - Suit based on tort - Jurisdiction - Part of cause of action arose within jurisdiction of Madras High Court - Plaintiff granted leave to file suit in the Madras High Court - Defendant instead of getting the leave to file suit cancelled..........
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2002
Details
Impleadment of necessary parties-- In a claim for damages for a tortuous act against the tort-feasor, the insurer of the later is neither a necessary party nor in any way liable to the claimant under the general law, because of the absence of any privity of contract between the claimant on the one hand and the insurer of the..........

Showing : 31-40 of 56 Results