Consumer Protection Act, 1986, Section 12 -- Medical negligence - When reasonable care as expected from a medical professional, is extended or rendered to the patient, unless contrary is proved, it would not be a case for actionable negligence...........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Valuation and payment of Court fee - Trial Court while rejecting plaint does not specifically set down the correct value of relief in the plaint on which plaintiff was required to pay Court fee, nor does it specify the quantum of Court fee payable on such value - Court in a vague manner directed the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Merely because for the welfare of the family if father of wife had at some stage in the life of husband tried to contribute to the growth of husband to see that the family remains viable and the marriage survives, in absence of any evidence to the contrary, it cannot be said that this..........
Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - Scope of S.37 of the Act is much more summary in nature and not like an ordinary civil appeal - Award as such cannot be touched unless it is contrary to the substantive provision of law any provision of the Act or the terms of agreement...........
Indian Penal Code, 1860, Section 302, 324, 148, 149 -- Murder - Testimony of eye witness - PW-1/eye witness embellished her narration of how the attack occurred resulting in a lot of inconsistencies - Contradictions in her story would raise reasonable doubt, as her statement in her deposition that she was attacked after the attack on the deceased was made to buttress her..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from raising any type of construction over suit property or from changing the nature of suit land and transferring the same - Defendants reflected as sahayak as per Jamabandi relied upon by plaintiff - No evidence led to contrary by defendant though they claimed themselves to be occupancy..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Unless contrary is proved, it is to be presumed that a holder of a cheque, received the cheque of the nature referred to in S.138 of the Act for the discharge in whole or in part of any debt or liability - However, the onus of proving that cheque was not in discharge of any debt or..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Preponing the date - When defendant had appeared in the suit, act of preponing the date without notice to them or their Advocate was completely illegal and contrary to elementary principles of natural justice...........
Adverse possession -- Suit for declaration of title on the basis of adverse possession against Government - Pleadings of plaintiffs are contrary and it is not clear whether they have claimed title on the basis of adverse possession which is not proved or have claimed title on the basis of any previous title on the basis of any previous title of his predecessor - No..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment effectively displaces the original claim which is contrary to permissible scope of amendments - Amendment cannot be permitted - Application rightly dismissed...........
