Civil Procedure Code, 1908, Section 96 -- Appeal - Duty of first appellate Court - Held, first appellate Court is duty bound to make a critical analysis of the case before it and cannot mechanically record, affirm or reject the findings of trial Court - It is duty bound to discuss merits of contentions raised by appellant and to deal with all issues of fact and law - In..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing of FIR at the instance of third parties is unknown to law...........
Criminal Procedure Code, 1973, Section 154, 482 -- FIR - Quashing of FIR at the instance of third parties is unknown to law...........
Constitution of India, 1950, Article 14, 226 -- Pension Scheme - Change of option - From CPF to Pension Scheme - From 30.9.1994 to 21.3.2006 the petitioner remained out of job due to his illegal dismissal which was set aside by the Civil Court - Three circulars for change of option issued by the respondent university on 10.4.1996, 26,2,1999 and 18.4.2001 - The petitioner..........
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)(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..........
Evidence Act, 1872, Section 3 -- Medical evidence - Appreciation - Knowledge of medical and human body is a matter of science - Court not justified in appreciating medical evidence in a cursory manner - Court of law having no special knowledge and skill in medical evidence, not justified in brushing aside opinion of medical officer without any evidence on record to the..........
Rent and Eviction -- Sub letting - Law as to - Legal position summarised : (i) In order to prove mischief of subletting as a ground for eviction under rent control laws, two ingredients have to be established, (one) parting with possession of tenancy or part of it by tenant in favour of a third party with exclusive right of possession and (two) that such parting with..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - No evidence that while granting sanction for prosecution, complete record was examined vis-a-vis each of offences relating to different provisions of law - In sanction order, word used is `any other offence punishable under provisions of law' - Offences not detailed - Held, not a..........
Advocates Act, 1961, Section 34, 35 -- Change of counsel - Unpaid fee - Advocate on termination of attorney has no lien over the litigation files for his unpaid fee - Refusal to return file to client amounts to misconduct - If Advocate has any genuine claim or grievance against his client the appropriate course is to return his brief with endorsement of no objection and..........
