Medical Council of India Act, 1956 - - `Smothering' - It is a form of suffocation causing asphyxia, which is caused by closing the external respiratory orifices either by hand or by other means, or blocking up the cavities of nose and mouth by introduction of foreign substances, such as mud, paper, cloth etc...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Once there is specific allegation regarding fraud, misrepresentation, coercion as well as pressure and getting the signatures on blank paper then Court has rightly allowed the application of defendants and allowed to appear and contest the suit by filing the written statement - So far as the..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Though substituted service is a sufficient service in ordinary circumstances, but before that court must be careful to see that conditions enumerated in O.5.R.20(1) have been strictly compiled with - Unless Court is satisfied that defendant is keeping out of the way for the purpose of avoiding service or..........
Evidence Act, 1872, Section 45 -- Disputed signatures - Expert opinion - While comparing handwriting samples, number of variables are compared - The variable on which the experts base their opinions are only evidence of some tendencies which can also be affected by numerous extraneous factors, such as state of mind, haste, self-consciousness, intoxication, nature of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 57 -- Contraband - Conviction - Validity - Nothing on record to show that alongwith appellant, contraband recovered from him or sample drawn were produced before trial Court - Sample seal and malkhana register not produced on record - 10 days delay in sending samples for chemical analysis - No paper on..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 16 -- Temporary injunction - Suit for specific performance - Time essence of contract - From the date of agreement to till the date of suit, plaintiff/purchaser sat quiet without taking any steps to perform his part of contract under the agreement though agreement specified period of four..........
Agreement to sell -- Execution - Proof - Defendant changing his stand - Plea that agreement is fabricated and forged document - Wholly unsubstantiated - Answers given by defendant vague and not proving his case at all - Perusal of agreement reveals no sign of it having been tampered or interpolated - Signature thereon of defendant admitted - Defendant appended his address..........
Will -- Writing not attested by two witnesses - Not a Will - Writing not registered - Not a transfer document - Writing is only a piece of paper having no legal value...........
Agreement to sell -- Suit for specific performance - Mutually inconsistent pleas - Plea that sale deed was to be executed within a period of 4 months however in deposition it was stated that sale deed was to be executed only after expiry of term of lease - Agreement executed on non judicial stamp paper which was purchased 11 months prior to the date mentioned in the..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of unregistered Will - Will on a plain paper not scribed by petition writer - Thumb impression of testator not visible - The document cannot be said to be a true copy of the original - Petition dismissed...........
