Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Violation of order of High Court - Respondent failed to refund the excess amount to appellant as per order of High Court - Single Judge was thus, not justified in discharging respondent in contempt case without ensuring payment of refund amount with interest to appellant - Since respondents failed to comply..........
Agreement to sell -- Specific performance - Plaintiff failed to show that agreement to sell was qua the suit land - Relief of specific performance rightly denied - Decree for recovery of Rs.2 lakhs alongwith future interest of 6% from the date of decree till realization is proper...........
Drugs and Cosmetics Act, 1940, Section 18A, 28 -- Offence u/ss 18-A, 28 of the Act - Non-disclosure of name of manufacturer - Accused is a doctor - Quantities of 29 kinds of medicines recovered from clinic run by accused of small quantity - In such a situation, non-disclosure of name of manufacturer/person from whom said medicines were acquired, cannot be said to be..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Development of hoarseness in voice after surgery - District Forum has not taken all the relevant aspects into consideration for arriving at a rightful compensation payable to deceased - However, since the appellant expired during pendency of proceedings before NCDRC, no useful purpose would be served in..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of Child - Divorce proceedings - Whether or not the wife had an adulterous relationship could be gone into without subjecting child to a paternity test - Husband cannot impact interest of child who is not a party to proceedings - Application rightly rejected...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Medical negligence - Loss of vision in left eye - Compensation - Medical negligence on the part of respondent is proved on record - Respondent misrepresented to NCDRC that he had deposited an amount of Rs.2 lakhs only, which had been paid to complainant - However, complainant has not received a single penny..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Transferee pendente lite - Suit property which is subject matter of suit has been gifted in favour of petitioner by means of registered sale deed - Transfer pendente lite neither illegal nor void ab initio but remains subservient to rights eventually determined by Court in pending litigation - Any judgment in..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of decree - O.21.R.29 CPC can be applied only if Court is convinced that it is conducive in the interest of both the parties to stay execution of decree...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, Security Interest (Enforcement) Rules, 2002, Rule 8, 9 -- Auction sale - Setting aside - Notice - Respondent was entirely aware of auction notice - However, there is no proof that auction notice was served by appellant/Bank on respondent - Auction purchaser has..........
Criminal Procedure Code, 1973, Section 202 -- Inquiry u/s 202 Cr.P.C - Magistrate is duty bound to elicit all facts, having regard to interest of complainant in absence of accused before he brings to book him for the accusations in the complaint - For forming an opinion to that effect, Magistrate may himself hold an inquiry u/s 202 Cr.P.C, or direct investigation to be..........
