Medical negligence -- Vicarious liability - Non joinder - Non impleadment of operating surgeon - All through the complaint the charges of medical negligence against the operating surgeon whom the complainant chose not to array as party - Do not find any reference to any specific incident in which the OP No.1 - Nursing Home or OP No. 2 Director of the Nursing Home could be..........
Medical negligence -- Vicarious liability - Non joinder - Non impleadment of operating surgeon - All through the complaint the charges of medical negligence against the operating surgeon whom the complainant chose not to array as party - Do not find any reference to any specific incident in which the OP No.1 - Nursing Home or OP No. 2 Director of the Nursing Home could be..........
Protection of Women From Domestic Violence Act, 2005, Section 19, 20, 21, 22 -- Maintenance - Husband can be directed not only to pay maintenance but also to provide accommodation to wife in the shared household though the aggrieved person had left the matrimonial home or the shared household many years ago...........
Criminal Procedure Code, 1973, Section 125(4) -- Husband claiming benefit of S.125 (4) - Respondent-wife stated that she has been subjected to physical and mental cruelty by petitioner-husband - When his maternal cousin brother physically misbehaved with her, she had brought this to notice of petitioner-husband - However, instead of protecting her, he assaulted her - It is..........
Constitution of India, 1950, Article 14, Indian Penal Code, 1860, Section 302, 397 -- Murder and dacoity - Premature release of prisoners - Challenging Category 5(a) of Guidelines of 1978 as violative of Art.14 of Constitution - Petitioner claiming benefit of premature release on basis of clause 4 of Guidelines formulated by Home Department - Appropriate Authority..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 20 -- Exparte decree - Setting aside - Report of refusal to accept summons - Substituted service by beat of drums in the village - Such mode for effecting service also not adopted and no copy of summons and petition affixed on residential home of the wife - Exparte decree set aside...........
Indian Penal Code, 1860, Section 498A, 406, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 178 -- Demand of dowry - Ill treatment and cruelty at the hands of husband and his relatives at matrimonial home - Wife forcibly taken to her parental home with a threat of dire consequences for not fulfilling their demand of dowry - Complaint..........
Hindu Marriage Act, 1955, Section 24 -- maintenance pendente lite - Wife is entitled to live in a similar status as was enjoyed by her in her matrimonial home...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of complaint - Ground of maintainability - Complainant-wife was driven out of her matrimonial home - Also, petitioner failed to bring on record anything satisfactory to interfere with order of Court - Therefore, complaint filed u/s.12..........
Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Injunction - Right of woman to reside in shared house - It can be any household whether owned or tenanted, either jointly or by either of them - It is the household in which the victim and the violator may be having rights, singly or jointly - Consequently, they may or may not have title to the..........
