Consumer Protection Act, 1986, Section 2(1)(g) -- Medical negligence - Surgery - For removal of stones - Without satisfying that patient was having normal kidneys - Cannot be permitted to say that they carried out the operation based on the report and yet go on to depose,by way of evidence, that quality of reporting on the x - ray grossly inappropriate - IVP was not done..........
Civil Procedure Code, 1908, Section 16, 20, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Ad interim injunction cannot be granted by a Court within whose jurisdiction parties reside but immovable property is situated outside its territorial jurisdiction - Territorial jurisdiction in a case seeking possession of immovable property lies in a..........
Stamp Act, 1899, Section 2(6), 3 -- Sale deed - Stamp duty - Market value - To be assessed at the time of registration of sale deed and not at the time of agreement to sell or at the time of filing of suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Can be granted only in exceptional cases - No specific pleadings that flour mill in the shop in question was definitely in possession of the plaintiffs - Not a case of exceptional circumstances - Order declining temporary mandatory injunction upheld...........
Consumer Protection Act, 1986, Section 2(1)(g), Andhra Pradesh Chit Fund Act, 1971, Section 3 -- Bye - laws of Model Chit Corporation, Section 21(a) - Chit fund - Complainant had not paid 10 monthly subscription - As per 2nd sub - para of the Section 21(a) of the bye - laws the chit fund holder was liable to be removed from the list of subscribers and this was exactly done..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for injunction filed when cause of action had accrued to file suit for specific performance - Subsequent suit for specific performance is barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Relinquishment of part of claim - If a person is entitled to more than one reliefs in respect of same cause of action he may sue for all but he shall not be allowed afterwards to sue for that part of relief which he omitted at the time of filing of first suit - In the present case cause of action to file suit for specific..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Subsequent suit - Plea of private partition available but not taken in written statement in earlier suit - Such a plea cannot be taken in the subsequent suit for possession...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 2(xii), 2 (xxiiia), 2(viia) -- When any narcotic drug or psychotropic substance is found mixed with one or more neutral substance/s, for the purpose of imposition of punishment it is the content of the narcotic drug or psychotropic substance which shall be taken into consideration...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 2(c) -- Heroin - Recovery of 4 kg. - As per analyst report the substance contained 60 grams of narcotic substance which is more than 5 gms. i.e. small quantity but less than 250 gms. i.e. commercial quantity - Appellant was only a carrier - Conviction converted from S.21(c) to S.21(b) of the act...........
