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Showing : 61-70 of 411 Results

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Consumer Protection Act, 1986, Section 14(1)(f) -- Medical negligence - Physical and mental injury due to misleading advertisement, unfair trade practice and negligence of respondent - Compensation amount enhanced to Rs.15 lakhs payable to appellant within three months...........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 6, Rule 1, 2, Contract Act, 1872, Section 16 -- Undue influence - Pleading - It is enough to point out that defendant was in a position to dominate the will of vendor and he obtained an unfair advantage by using that position...........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Contract Act, 1872, Section 16 -- Undue influence - Three ingredients of the provision are : (i) that the relation subsisting between the parties should be such that one of the parties is in a position to dominate the will of the other; (ii) that the dominant party obtains an unfair advantage over the other, and (iii) that the dominant party uses his position to obtain..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Specific Relief Act, 1963, Section 20 -- Specific performance - Held, if under terms of contract, plaintiff gets an unfair advantage over defendant, Court may not exercise its discretion in favour of plaintiff - Specific relief may not be granted if defendant would be put to undue hardship which he did not foresee at the time of agreement - If it is inequitable to grant..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Related witness - In the instant case, 15 accused persons assaulted deceased - Occurrence witnessed by son of deceased who was a young boy - It will be unfair to expect a young boy, whose father is being beaten to death, to watch with precision as to which of the accused was causing which..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Punjab Panchayati Raj Act, 1994, Section 19, 20 -- Sarpanch - Formation of development committee - Validity - Respondents No.6 and 7 allegedly connived with respondents No.3, 4 and 8 to 10 and have formed development committee vide impugned resolution making petitioner as dummy and powerless being elected Sarpanch - Held, elected Sarpanch cannot be made ineffective in this..........

DELHI HIGH COURT

Year of decision: 2012
Details

Agreement to sell -- Specific performance - Appellant always ready and willing to perform her part of the contract and she had not taken any advantage of her own wrong - Appellant in no way responsible for the delay at any stage - It is the respondent who has always been and are trying to wriggle out of the contract - Held, respondent cannot take advantage of his own wrong..........

NATIONAL DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

Year of decision: 2012
Details

Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d),21(b) -- Medical negligence - Unfair trade practice - Engagement of untrained and unqualified staff by the petitioner/OP No. 1 - Mere claim by doctor that he had administered the injection, on the face of the deposition made by -'R-' i.e. the untrained compounder, cannot be believed - Technical plea by the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2011
Details

Will -- Distant relation - Suspicious circumstance - Held, a Will is executed by a person only in case he wants deviation from the course of succession for his property - If a person wants his property to go to his legal heirs there is no need for his executing a Will - Disposition would be unnatural, improbable or unfair in the light of the circumstances of exclusion of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2011
Details

Agreement to sell -- Specific performance - Relief of specific performance can be denied when (a) plaintiff under the terms of contract gets an unfair advantage over the defendant; (b) when defendant would be put to undue hardship which he did not foresee at the time of agreement, and (c) It is inequitable to grant specific relief...........

Showing : 61-70 of 411 Results