Evidence Act, 1872, Section 50, 60 -- Issue of adoption - Deposition by cousin of person who adopted, family priest and family barber that giving and taking ceremony took place at residence of natural father - Witnesses having special means of knowledge, their evidence held relevant on issue of adoption...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - There is no embargo on appellate Court reviewing evidence upon which an order of acquittal is based - However, if two views are possible on evidence adduced in the case, one pointing to guilt of accused and other to his innocence, view which is favourable to the accused should be adopted - Appellate..........
Medical negligence -- Different methods of treatment - There may be one or more method of treating a patient by two different qualified doctors and if one of them is adopted by a doctor in good faith but it does not work out and the patient dies - It cannot be held that doctor is negligent in his duty...........
Medical negligence -- Appellant- OP did not file reply and affidavit specially denying the allegations of complainant and adopted the reply and evidence filed by the Director of the respondent Hospital and presumption of medical negligence drawn against him - Held that cases of medical negligence are to be handled with due care and caution - Any finding of medical..........
Punjab Land Revenue Act, 1887, Section 13 -- Appeal - Dismissal in default - Restoration application also dismissed in default - Wilfully absent not once but twice - No option but to dismiss both times in default of absence - Merely adopted dilatory tactics - Ex parte order upheld...........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Substitution of legal representative - Release of accommodation sought - Death of applicant - Adopted son filing application under R.25 stating that he is sole legal representative of landlord - Need was set up by landlord with regard to family members including his adopted son - No impediment to prosecute application..........
Hindu Law -- Adoption - An adopted son does not have any share in property of his natural ancestors or father - Hence question of property being ancestral or self-acquired of his natural father is of no importance...........
Land Acquisition Act, 1894, Section 54 -- Several appeals in the form of counter - claims both of land owners as well as Acquiring Authorities - Segregating of appeals filed by claimants from appeals filed by Acquiring Authorities for separate consideration as well as manner of disposal adopted - Do not conform to a proper, reasonable and lawful exercise of powers of..........
Hindu Adoptions and Maintenance Act, 1956, Section 12(c) -- Adoption - Adopted child shall not divest any person of any estate, which vested in him or her before the adoption...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Revision - Unfit and unsafe - Finding of fact - Finding recorded by lower Court on ample evidence that the building has been rendered unfit and unsafe for human habitation - Finding not perverse or without evidence nor based on perfunctory and superficial approach adopted by Courts below - Finding not..........
