Indian Penal Code, 1860, Section 302, 304 -- Part II - Injuries caused with knife - Medical evidence disclosed that injuries were simple in nature - There was bleeding of trachea and it resulted in clotting of blood leading to asphyxia but that injury was not attributed to the respondent and nothing to establish that injury which resulted in death was intended by any one -..........
Civil Procedure Code, 1908, Order 22, Rule 10-A -- Substitution - Application for substitution filed within 90 days from date of communication of death of respondent - Appeal does not abate...........
Medical Negligence -- Delivery case - Caesarean operation performed and a baby girl delivered but resulting in the death of wife of appellant - Allegation that doctor failed to diagnose jaundice before performing an unnecessary caesarean operation - No symptoms of jaundice were exhibited or reported by the patient - No reason for doctor to suspect the same - In the light..........
Civil Procedure Code, 1908, Section 21 -- Eviction suit - Necessary parties - Suit filed by widow of landlord who became owner after his death - Not disputed by tenant even in written statement for third persons application for party - Alleged bequeath of property - Claim made for first time after 15 years of execution of alleged "Will" - Question of title and ownership..........
Medical Negligence -- Hospitals liability - Death of the daughter of the respondent-complainant during surgery of `cleft lips' - Held that normally it is the doctors upon whom the specific allegation of negligence would be attributed - But the operation notes/progress record are silent about the names of the doctors - It Is admitted position that it was before the surgery..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Swimming pool - Membership fee paid by son of complainant to respondent No.1 Municipal Corporation - Complaint filed alleging deficiency is service as death of the son of the complainant by drowning in swimming pool allegedly due to negligence of OP's - Plea that payment of token amount for registration or..........
Civil Procedure Code, 1908, Section 100, Order 22, Rule 4 -- Abatement of appeal - Suit for possession - Original plaintiff claimed joint ownership with respondent No 2 - Death of said respondent - Appeal dismissed against said LR's for not complying with peremptory order - Nothing on record to show or suggest that Respondent 2(b) represents interest of said LR's - Appeal..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Non disclosure of material fact with regard to ailment at the time of revival policy under a special drive - The OP has not established that the cause of death is on account of suppressed health information - Respondent OP has not acted strictly in accordance..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Post Office Savings Bank Manual Vol I, Rules 87 and 139 - Post office - Time Deposit Account - Death of depositor - Succession certificate issued by District Judge in favour of respondent-complainant - Payment not made in accordance with succession certificate - Plea that it is not binding on OP-appellant as they..........
Indian Penal Code, 1860, Section 302 -- Number of injuries is not always the determining factor in ascertaining the intention - It is the nature of injury, the part of body where it is caused, the weapon used in causing such injury which the indicators of the fact whether the respondent caused the death of the deceased with an intention of causing death or not...........
