Consumer Protection Act, 1986, Section 19 -- Appeal - Condonation of delay - Delay of 388 days - Plea that delay is 'state of depression' caused to the appellant on account of the judgment of the State Commission - Neither on the application for condonation of delay nor in the Memo of Appeal, a single work has been said about the delinquent conduct of the appellant, more..........
Constitution of India, 1950, Article 226 -- Judicial Review - Calling into question an `election' - High Court's power of judicial review - A petition that 'calls into question' an election during the period of 'election' would not be entertain u/Art. 226 of the Constitution of India - High Courts powers of judicial review is merely postponed, to a time and a stage, after..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Cause of action - Means every fact, which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court - Every fact, which is necessary to be proved, as distinguished from every piece of evidence, which is necessary to prove each fact, comprises in 'cause of..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Scope - (1) The correct test in cases falling under Order II Rule 2, is whether the claim in the new suit is in fact founded upon a cause of action distinct from that which was the foundation of the former suit; (2) The `cause of action' means every fact which will be necessary for the plaintiff to prove it traversed in order..........
Evidence Act, 1872, Section 114 -- Illus. (e) - Concession - Recorded in judgment on facts which are not on record - Appellate Court not proper forum to dispute concession - Appropriate application before the Court who recorded such concession should have been filed...........
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...........
