Medical Negligence -- Burden of proof - Complainant's son had a rare form of congenital cardiac anomally - Open heart surgery was performed - Complainant was informed that child will be brought back for balloon dilatation to relieve the obstruction in the remaining residual underdeveloped arch of the Aorta - Doctors advised him to bring the child in case of any problem -..........
Civil Procedure Code, 1908, Section 25 -- Transfer of suit sought from Court at Jaipur to Court at Madras to be tried together with suit pending there - Dispute raised in both the suit relate to same transaction and the parties are also the same - It is appropriate that both suits are tried together - Transfer application allowed...........
Will -- 30 years old - Presumption as to testamentary capacity of testator - It is a discretion vested in the Court - Discretion to be exercised when the document emanates from an apparently lawful custody and the document is such that it is likely to have been exercised having regard to the common course of human conduct and when there are no circumstances to excite the..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment - Petitioners were in de facto possession and earlier running the business - It has to be determined if there is any wastage, mis-appropriation of the property or not - Ordinarily Court is reluctant of depriving a de facto possession of other person but if there is waste and mismanagement of property..........
Civil Procedure Code, 1908, Order 34, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 92 -- Order 34 Rule 5 can be exercised only before sale is confirmed - Does not give any power to Court to grant time after sale is confirmed - Sale is confirmed after objections are rejected - There can be no extension of time from date of confirmation of sale by Executing Court to..........
Civil Procedure Code, 1908, Section 24 -- Suit pending in Madras High Court - Subsequent suit in Bombay High Court - Suit pending in Madras High Court a comprehensive suit and first in point of time - Suit pending in Bombay High Court stayed till the suit before the Madras High Court is disposed of...........
Punjab Co-operative Societies Act, Section 54, 55 -- Ambit and scope of Section 55 wider than that of Section 54-Special feature of Section 55-Begins with a non obstante clause-Expression 'notwithstanding anything contained in any law for the time being in force'-Indicative of intention of Legislature to give over-riding effect to provisions of Section 55 over provisions..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Contract for erecting airport at Madras - Parties entering into contract at Madras - Mere fact that bank guarantee given in the form of indemnity bond was of bank at Bangalore does not give territorial jurisdiction to Court at Bangalore...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- `Status quo' - When both the parties claim to be in possession the Court should not pass an order of `Status quo' - In matters relating to disputes regarding possession it is the duty of the Court to decide one way or the other as to which party is prima faciein possession of the property. (1989 Civil Court Cases 559..........
Land Acquisition Act, 1894, Section 23 -- Market price of acquired land - To be assessed according to average price of relevant or com parable sale instances relied upon by parties - Not according to a sale instance which might be fetching maximum price, except where gale instances produced by Government and relied upon, then a particular sale deed representing highest..........
