Contempt of Courts Act, 1971, Section 14, Civil Procedure Code, 1908, Order 21, Rule 2 -- After passing of the decree asking D.H. to accept the principal amount and waive the interest awarded thereon - It is open to the parties to enter into a contract or compromise with reference to their rights under the decree - The right of the judgment debtor to make an attempt to..........
Civil Procedure Code, 1908, Order 21, Rule 2, Contempt of Courts Act, 1971, Section 14 -- After passing of the decree J.D. writing a letter to D.H. to accept the principal amount and waive the interest awarded thereon - It is an attempt to persuade the D.H. to forego claim relating to interest - An agreement, which extinguishes the decree as such in whole or in part and..........
Civil Procedure Code, 1908, Section 152, 153, 151 -- Correction of pleadings and judgment & decree - A bonafide error should be allowed to be rectified in exercise of powers u/ss 151, 152 and 153 CPC...........
Disability pension -- Disability percentage - Curtailment of - Assessment by the Medical Board that percentage of disability suffered by the appellant is 93.75% - The same curtailed by the Director to 75% without examining the appellant - Held that there is no justification forthcoming for reducing the disability as assessed by the Medical Board - The action of the..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - A review application cannot be an appeal in disguise - Court cannot consider the merits of the judgment sought to be reviewed...........
Criminal Procedure Code, 1973, Section 216, 217, Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Sale of adulterated turmeric powder - Trial proceeded on the allegations that accused No.2 was present in the shop when sample was collected - When the case was mature for pronouncement of judgment, charge amended to the effect that it was accused No.1 who was..........
Civil Procedure Code, 1908, Section 100, 151, Order 41, Rule 2 -- Second Appeal - This court can permit to incorporate substantial questions of law in the memo of appeal by pressing into service Order 41 Rule 2 read with section 151 CPC where the impugned judgment is absolutely without jurisdiction or cannot stand legal scrutiny...........
Medical negligence -- Some basic principles which emerge in dealing with cases of medical negligence are : (1) Negligence is the breach of a duty exercised by omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do;..........
Punjab Civil Services (Premature Retirement) Rules, 1975, Rule 3(1) -- Premature retirement - Entire record up to the date of consideration of the respondent - plaintiff good and very good - Case considered and approved by the competent authority for retaining him in service beyond the age of 55 years on 29.4.1983 - Promoted to the post of Sub - Inspector on 25.10.1983 -..........
Judicial propriety -- One of the members of the District Forum who is signatory of the judgment is the landlord of the premises of Respondent whose proprietor is 'R' - It was unethical act on the part of the member to have been on the Bench while hearing and deciding the case of his tenant - He must have reclused himself from hearing of the case...........
