Consumer Protection Act, 1986, Section 2(1) -- Medical negligence - Complicated questions of facts and law - The case involves medical negligence on the part of four doctors - OPs - Medical negligence cases can be well decided by the Consumer Fora under the CP Act in its summary jurisdiction - Plea of the OPs that complainant should be directed to approach civil Court as..........
Consumer Protection Act, 1986, Section 2(1)(d), 14(1)(d) -- Medical negligence - Consumer - Plea that complainant is not consumer since she has not paid anything to the OPs hence not a consumer - Held that OP's are taking advantage of the fact that complainant had not produced on record the receipt for the payment of fees to Millennium Hospital, but payment or no payment..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Plea by OPs that consumer complaint is full of falsehood and untrue statement repelled - The OPs have not shown what sort of untrue statement has been made by the complainant - Findings on the issued recorded in the negative...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Complicated questions of facts and law - The case involves medical negligence on the part of four doctors-OPs - Medical negligence cases can be well decided by the Consumer Fora under the CP Act in its summary jurisdiction - Plea of the OPs that complainant should be directed to approach civil..........
Consumer Protection Act, 1986, Section 2(1)(d), 14(1)(d) -- Medical negligence - Consumer - Plea that complainant is not consumer since she has not paid anything to the OPs hence not a consumer - Held that OP's are taking advantage of the fact that complainant had not produced on record the receipt for the payment of fees to Millennium Hospital, but payment or no payment..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Plea by OPs that consumer complaint is full of falsehood and untrue statement repelled - The OPs have not shown what sort of untrue statement has been made by the complainant - Findings on the issued recorded in the negative...........
Civil Procedure Code, 1908, Order 21, Rule 90(3) -- Execution - Auction sale - Setting aside - Plea of waiver and estoppel - Objections if not raised at relevant time cannot be raised subsequently - Prohibition contained in it cannot be applied or extended to the stages of drawl of proclamation or subsequent thereto - While fixation of market value is a step at the stage..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted and undergoing sentence in a criminal case - Subsequently convicted in another case - No prayer made for concurrent running of sentences - Judgment pronounced - After judgment, court cannot have resort to provisions of Section 427 to make sentences run concurrently - Remedy is..........
Agreement to sell -- Specific performance - Clause of payment of damages in agreement - Contention of defendant that in the light of such clause plaintiff is not entitled to specific performance except for compensation - Such plea not taken in written statement - Plaintiff deposited the entire balance sale consideration in Court without such a direction from the Court -..........
Contempt of Courts Act, 1971, Section 2(c) -- Breach of undertaking - Plea of petitioner that respondent despite an undertaking in interim order, that they shall not alienate suit land during pendency of proceedings, transferred portion of land - No objection made by petitioner during pendency of suit - Only remedy left with petitioner is execution of decree - Contempt..........
