Protection of Women From Domestic Violence Act, 2005, Section 12, 13 -- Domestic violence - Directions issued to Magistrates in the States of Punjab and Haryana i.e (i) in case of petition u/s 12 of the Act, all the respondents may not be mechanically issued notice u/s 13 of the Act - Notice at the first instance may not be issued to distant relatives - Magistrate is..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Compensation - In determining compensation in cases of medical negligence, a balance has to be struck between demands of person claiming compensation, as also the interests of those being made liable to pay...........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Compensation - Factum of negligence on the part of Hospital as well as respondent has not been doubted - National Commission found medical record to testify to presence of needle in the abdomen of appellant - Appellant had suffered pain for more than 5 years apart from case having dragged on for more than a..........
Civil Procedure Code, 1908, Order 16, Rule 10, 12 -- Summoning of witnesses - Non-appearance - Closure of evidence - Trial Court was obliged to take measures as mandated in O.16 CPC to procure the attendance of absent witnesses - Closure of evidence of petitioner set aside...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act - Limitation - Practically, there is no limitation for filing an application u/s 12 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Parties were in domestic relationship as on the date of application, as application filed before decree of divorce was passed - Application u/s 12 of the Act is maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings under the Act - Nature of proceeding u/s 12 of the Act is a civil proceeding and application u/s 12 of the Act is not the complaint as mentioned in S.2(d) Cr.P.C - Procedure for cognizance set out u/s 190(1)(a) Cr.P.C followed by procedure set out in Chapter XV Cr.P.C for taking cognizance will..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings under the Act - Issuance of notice u/s 12 of the Act is not a summon as mentioned u/s 61 Cr.P.C and while issuing such notice, Magistrate does not take cognizance of any offence - Therefore, procedure of Ss.200, 202 Cr.P.C does not apply in proceeding u/s 12 of the Act...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court can pronounce the judgment on the basis of clear, categorical, unequivocal admissions of facts in issue made by a party...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court can pronounce the judgment on the basis of clear, categorical, unequivocal admissions of facts in issue made by a party...........
