Land Acquisition Act, 1894, Section 23(1), 28, 34, Civil Procedure Code, 1908, Order 21, Rule 1, Civil Procedure Code, 1908, Order 24, Rule 1, 2, Civil Procedure Code, 1908, Order 34 -- Land Acquisition - Compensation - Interest - Deposit of amount if falls short - Rule of appropriation applies - The amount is to be appropriated first towards interest, then towards costs..........
Industrial Disputes Act, 1947, Section 2(oo),(bb), 11A,25G,25H -- Termination - Respondent No.1 was appointed under a scheme - He was appointed for a specific purpose - Service of respondent terminated after coming to an end of the Scheme - Gram Panchayat in management of the Scheme, the employer would be Panchayat and not the State - Even if assumed violation of Section..........
Partnership Act, 1932, Section 69(3), Arbitration and Conciliation Act, 1996, Section 9(ii)(c), 9(ii)(d), 9(ii)(e), Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 26, Rule 9, 11, Civil Procedure Code, 1908, Order 40, Rule 1 -- Partnership firm - Unregistered - Bar of S.69 (1) & (2) Partnership Act is not attracted for enforcement of..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Carriers service - Non delivery of goods on account of the same stated to be destroyed in fire - Plea that consignee did not take delivery of goods on reaching its destination within 5 days - Held that it does not mean that respondents were not liable to deliver goods - At the most they could have charged demurrage -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Bank guarantee - Injunction to be issued only in exceptional cases like fraud or irretrievable injustice...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(6) -- Bachat Land - Jumla Mustarka Malkan Wa Digar Heqdaran Hasab Rasad Arazi Khewat - Mutation of ownership entered in name of Gram Panchayat - Challenged through Writ Petition - Land deducted from holdings of proprietors by applying pro-rata cut - Not earmarked for common purpose - Not used for common..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Medical negligence - OPs1 and 2 conducted hysteroscopy which resulted pulmonary embolism - Hysterocopy done without having facilities to the patient on ventilator - Held to be a case of negligence on the part of OPs and that has resulted in the death of patient - OPs liable to pay compensation - Deceased a housewife -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Doctrine of Lispendence - Property partitioned among legal heirs on the basis of natural succession - One of the heirs filing suit on the basis of an unregistered Will claiming entire property - Original Will not produced on record - Applicaton for interim injunction restraining other heirs from..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Advocate - Legal services - Deficiency in service - Appellant-complainant failed to give instruction despite notices - The Court permitted withdrawal of the Counsel from the case after satisfying itself that the client had been duly informed - No deficiency in rendering legal services could be imputed against the..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Medical Services - ESI card holder - Falls within the category of `consumer' and entitled to facilities from the hospital...........
