Civil Procedure Code, 1908, Section 100 -- Substantial Question of Law - Scope of interference - Perverse findings of Lower Court - Comes within the ambit of substantial question of law - High Court in appeal u/s 100 can set aside the findings on facts of the subordinate Courts if it is contrary to the evidence on record and perverse - High Court to record a clear finding..........
Rent and Eviction -- Personal necessity - Landlord is the best judgment of his need and Court cannot go into the same unless it is proved that the claim of landlord is exaggerated. (East Punjab Urban Rent Restriction Act, 1949, S.13(3)(a)(i)...........
Constitution of India, 1950, Article 227, Motor Vehicles Act, 1988, Section 166 -- Release of amount of compensation - Son died in motor vehicle accident - Claim petition by parents - M. A. C. T. awarded compensation - Directed the deposit of the compensation in the fixed deposit in nationalized bank for five years - Application for release of compensation - Declined -..........
Medical negligence -- Error of judgment - Held that it could be negligence if it is an error which would not have been made by a reasonably competent professional man acting with ordinary care...........
Civil Procedure Code, 1908, Order 21 -- Execution - Against L.R's - Decree can be executed only to the extent of the property which has come to the hands of L.R's from the judgment-debtor...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court to interfere only when there are compelling and substantial reasons for doing so - If the impugned judgment is clearly unreasonable and relevant and convincing materials have been unjustifiably eliminated in the process, it is a compelling reason for interference...........
Civil Procedure Code, 1908, Order 8, Rule 5, 10 -- Written statement - Failure to file - Disposal of suit by pronouncing judgment - Must be based on facts disclosed in the plaint...........
Civil Procedure Code, 1908, Order 8, Rule 5, 10, Civil Procedure Code, 1908, Order 9, Rule 1, 6(1)(a) -- Written statement - Failure to file - Court can pronounce judgment on the basis of facts disclosed in the plaint - Court can also proceed to hear the suit in terms of O.9.Rr.1 & 6(1)(a) - If Court exercises power U.O.8.Rr.5 or 10 or U.O.9 against some of the defendants,..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment of admission - Admission must be plain, unequivocal and clear and positive and it must be complete by itself by which the party making such admission will not succeed in the suit...........
Administration of justice -- If a party thinks that the happenings in Court have been wrongly recorded in a judgment, it is incumbent upon the party, while the matter is still fresh in the minds of the Judges, to call the attention of the very Judge who has made the record - That is the only way to have the record corrected - If no such step is taken, the matter ends there..........
