Medical negligence -- Eye surgery - Loss of vision - Complainant and other patients operated on the same day for ophthalmic surgeries have suffered infection and lost their vision - Source of infection in such cases was from operation theatre and most probably due to improper sterlisation and it was probably E - Coli infection - Held that it was clearly established by the..........
Motor Vehicles Act, 1988, Section 168 -- Claim for compensation - Determination of - Gross income - Deceased was a professional - Income is based on annual income tax return - Last gross total income for year 2007-08 has been shown Rs.1,23,644/- - Question before Court is whether Court will proceed on basis of gross income or on basis of net income - Held, Court should..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Additional accused - Accused named in challan enlarged on bail - Additional accused surrendering before Court - Improper on part of trial Court to dismiss their bail application - Bail allowed...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17(1), Limitation Act, 1963, Section 5 -- Order of tribunal - Validity - Appeal was rejected by Tribunal on ground of delay - High Court issued specific direction in earlier petition that appeal of petitioner shall not be rejected merely on ground of delay - Held,..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitration agreement - Clause in agreement having no application to an agreement which is entered into between the appellant and the respondent - Appointment of arbitrator, held, improper...........
Land Acquisition Act, 1894, Section 4, 5A, 17 -- Acquisition of land - Acquisition proceedings - Right to file objection - Invocation of urgency clause - Notification for acquisition issued excluding land of petitioner - State invoked urgency clause stating that land required for railway project and excluding petitioner`s land would have bad effect - Objection of..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Ad interim injunction - Violation - Recording of common evidence in main suit and application U.O.39.R.2-A CPC and delivering common judgment is improper...........
Medical negligence -- Fracture of hand - Temporary plaster applied by respondent No. 1 - After a few days permanent plaster applied by respondent No. 2 and the hand of the child fully treated and fracture has fully joined - Allegation of improper applying plaster by respondent No. 1 and medical negligence on his part - Held that doctors who treated and applied the plaster..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Violation and disobedience of order of injunction - Order as to restoration of status quo ante without order of attachment of property - Held, order though not improper yet in order to bring the order in conformity with O.39.R.2-A CPC the same modified to the effect that property of contemner shall remain attached for one..........
Land Acquisition Act, 1894, Section 18, 23, 4, 6, 11 -- Land acquisition - Compensation - Market value - Interference by High Court with findings of Reference Court - Interference based on mere suggestions made by State - Findings of High Court arbitrary and improper as High Court failed to consider the total lack of evidence adduced by the State and disregarded the..........
