Food Adulteration Act, 1954, Section 13(2) -- Second analysis of sample - Sample of jelly - Offence of misbranding - Jelly contains sugar/sucrose as per Public Analyst's Report - However, label on packaging claims that jelly is `sugarless' - Hence, Public Analyst's finding on whether sugar as an ingredient is present in jelly sample is crucial to proving offence of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Absence of defendant from proceedings not attributed to any negligence on part of her counsel as alleged by her - But application filed to set aside ex parte decree passed against her more than 1 year after she was proceeded ex parte, is only a device to linger on the matter and deny fruits..........
Medical negligence -- Sterilization operation - Patient does Sterilization operation only on fond hope that she will not beget a child in near future - In most of the cases, patients who undergo sterilization come from impoverished families - Government also introduces family planning schemes only to reduce population growth - It is Government's responsibility to make..........
Medical Negligence -- Sterilization operation - Plaintiff conceived within one year from date of performance of Sterilization Operation - Sterilization operation performed on plaintiff and she delivered a male baby - Sterilization operation can never become a failure within one year from date of operation - No evidence produced by appellant to prove that there was no..........
Consumer Protection Act, 1986, Section 12 -- Theft/loss of vehicle given for valet parking to hotel employee - Liability of Hotel - Where theft of car of complainant was a result of negligence of hotel, exemption clause on parking tag will not exclude appellant's (Hotel) liability...........
Consumer Protection Act, 1986, Section 12 -- Theft/loss of vehicle given for valet parking to hotel employee - Liability of Hotel - Strict liability cannot be imposed on hotel owners in respect of loss of or damage to vehicles of their guests - Instead, rule of prima facie negligence should be adopted...........
Consumer Protection Act, 1986, Section 12 -- Theft/loss of vehicle given for valet parking to hotel employee - Liability of Hotel - Car of complainant stolen by one of three boys who had visited hotel while its keys were under watch of valet driver - Thief escaped despite an attempt by hotel guard to stop him - Manner in which car was stolen manifests that no steps had..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Contributory negligence - Collusion between car and lorry - Death of driver of car - Car was coming in correct side - It was lorry which went towards wrong side and collided with car of deceased and dragged the car to extreme side of road - Driver of lorry was not only reckless but also negligent in driving..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Abatement of suit - Delay in bringing on record LRs of deceased defendant - Condonation of delay - Neither plaintiff was aware of fact that defendant had expired on Sep. 2013 nor had he committed any intentional delay in filing application after Oct. 2015 - LRs of deceased defendant were..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Dismissal of suit on account of plaintiff failed to adduced any evidence - Plaintiff was granted as many as eight effective opportunities including last opportunity and even subject to costs - However, plaintiff failed to lead any documentary or oral evidence in support of his claim - Plaintiff was guilty of deliberate and..........
