Legal Services Authorities Act, 1987, Section 12, 13 -- Appointment of Amicus Curies - Any learned counsel, who is appointed as Amicus Curiae on behalf of accused must normally be granted to have meetings and discussion with the concerned accused - Such interactions may prove to be helpful...........
Medical Negligence - - Comprises viz. : (1) A legal duty to exercise due care on the part of the medical professional; (2) failure to inform the patient of the risks involved; (3) the patient suffers damage as a consequence of the undisclosed risk by the medical professional; (4) if the risk had been disclosed, the patient would have avoided the injury; (5) breach of the..........
Wakf Act, 1995, Section 83 -- Suit for permanent injunction - Dismissal of suit on account of lack of jurisdiction - S.83(5) of the Act, provides that Tribunal shall be deemed to be a Civil Court under CPC while trying a suit or executing a decree or order - Dispute is not between Wakf Board and Gram Panchayat with regard to nature of land rather Wakf Board has filed suit..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Rent and eviction - Bonafide requirement - Death of landlord/husband - Wife being a class-1 legal heir is a person who is entitled to receive rent in respect of building earlier owned by her husband singly or jointly with other persons claiming status of landlord, unless her status is disputed by someone..........
Jammu and Kashmir Migrants (Stay of Proceedings) Act, 1997, Section 3, Constitution of Jammu and Kashmir, Section 104 -- Stay of legal proceedings - Suit relating to immovable property - There is no escape from conclusion that any suit filed against migrant in relation to either recovery of loan raised in Kashmir Division or immovable property situated in Kashmir Division..........
Agreement to sell -- Specific performance - Readiness and willingness - Execution of sale deed not in dispute - However, there is no receipt of balance sale consideration in the sale deed - It is nowhere mentioned by plaintiff even in his plaint, that pursuant to receipt of reply to legal notice, plaintiff was ready and willing to get sale deed executed by paying entire..........
Indian Penal Code, 1860, Section 323 -- Simple hurt - For an offence u/s 323 IPC, there need not be a compulsory presence of medico legal report, because for a simple hurt even one slap will be sufficient, having no medical injury...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Prior litigation pending between parties - Accused assaulted complainant party with lathi and tamancha - They chased complainant who tried to hide himself in a room of tubewell but they did criminal trespass, threat and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Delay in filing of complaint - Nothing mentioned in prayer clause to condone delay in filing complaint nor Court concerned condoned delay suo moto while passing summoning order - Trial Court without considering legal provisions for..........
Nature of document -- Document termed as agreement - Whether such document can be held to be a Will - Nowhere in the said document it is stated that suit schedule property goes to son after death of executant - To hold a document a Will there must be a legal declaration by the executant that he is bequeathing his property which he desires to be carried into effect after..........
