Medical negligence -- Compensation - Son of the complainant only 8 months old under treatment of OP for cleft lip - Operation performed - Necessary pre-operative and pre-anaesthetic tests not conducted - For performing the operation when there was no emergency and it is a known medical fact that anesthesia given to patients with recent respiratory tract infections can..........
Negotiable Instruments Act, 1881, Section 138 -- Pre mature complaint - Complaint not to be dismissed - Complaint can be kept pending for taking cognizance when cause of action arises to the complainant or it may be returned to complainant for filing it later...........
Partnership Act, 1932, Section 32, 72 -- Retiring partner - Unless there is statutory public notice, retired partner is not absolved from the post retired liability - Pre retirement liability can be discharged only if there is an agreement with such third party and the surviving partners...........
Insurance claim -- Medi-claim policy - Repudiation - Pre-existing disease - Disease contracted within 30 days from commencement of policy - Exclusion clause - Both the doctors and the patient were unaware of existence of any disease - No evidence led by any one to show as to when the cancer started: whether it was within 30 days of the cover of the policy; and whether it..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Suit for pre-emption - Doctrine of lis pendens applies to a suit for pre-emption - Doctrine of lis pendens does not allow the litigating parties pending the litigation to transfer their rights in the property in dispute so as to defeat or prejudice the right of the pre-emptor...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Conduct of parties is relevant for grant of ad interim injunction - Court while granting an order of injunction would take into consideration as to whether plaintiff has pre-varicated his stand from stage to stage...........
Transfer of Property Act, 1882, Section 52, Punjab Pre-emption Act, 1913, Section 15 -- Doctrine of lis-pendens applies to suit for pre-emption - Doctrine does not allow the litigating parties, pending litigation, to transfer their rights in the property in dispute so as to defeat or prejudice the right of pre-emptor...........
Transfer of Property Act, 1882, Section 52, Punjab Pre-emption Act, 1913, Section 15 -- Any transaction or transfer by way of sale, collusive decree etc. taking place during the pendancy of the suit of the pre-emptor to pre-empt the sale - Doctrine of lis-pendens apply - Right of pre-emptor being superior right, cannot not be defeated or pre-judiced - Suit of pre-emptor..........
Hindu Succession Act, 1956, Section 22 -- Preferential right to acquire property - Applicability to Agricultural Land - Suit for possession claiming pre-emptory right u/s 22 - Section 22 not applicable to agricultural land. Jaswant Singh's case 1970 PLJ 587 (DB) relied...........
Prevention of Corruption Act, 1988, Section 7, 13, 15, Criminal Procedure Code, 1973, Section 197, 190(1) -- Corruption case - Sanction for prosecution - Cognizance of offence by Magistrate - If Magistrate takes cognizance of offence under S.190(1) Cr.P.C. he must apply his mind for the purpose of proceeding in a particular way - A valid sanction is a condition..........
