Medical education -- Establishment of medical college - Grant of Essentiality Certificate (EC) and Consent of affiliation (CoA) - EC was first issued conditionally in the year 2004 subject to removal of deficiencies and since then 17 years elapsed, appellant is unsuccessful in removing deficiencies - In both inspections in 2015 and 2020, it was found that appellant..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Stated to be explanatory only - Pleading has to be based on facts in concise manner - Amendment of pleadings for the purpose of explanation cannot be allowed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Abusive treatment meted out by wife to relatives of husband would definitely have an adverse impact on him and cause him mental trauma and embarrassment - Such a conduct of wife, which is not expected in a matrimonial relationship, would tantamount to causing mental cruelty upon husband -..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - What Magistrate has to determine at the stage of issue of process is not correctness or probability or improbability of individual items of evidence on disputable grounds, but existence or otherwise of a prima facie case on assumption that what is stated could be true unless prosecution allegations are so..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Subsequent purchaser - Impleadment in a suit for specific performance - Subsequent purchaser with notice of the previous agreement - He is a necessary party - To avoid multiplicity of proceedings and effectually adjudicate the matter in issue, he should be impleaded as a defendant...........
Bank locker -- Banks cannot wash off their hands and claim that they bear no liability towards their customers for the operation of the locker - Banks should not have liberty to impose unilateral and unfair terms on the consumers - RBI to lay down comprehensive directions mandating the steps to be taken by Banks with respect to locker facility/safe deposit facility..........
Insolvency and Bankruptcy Code, 2016, Section 5(7), (8) -- Financial creditor - Where Corporate debtor has only extended security by pleading shares, he at best will be secured debtor qua above security but shall not be a financial creditor as per S.5(7), (8) of the Act...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issues as to maintainability of suit - High Court directed to decide same as preliminary questions of law - Cannot be said to be incorrect - Moreover no prejudice would be caused if issues are taken up and decided by trial Court as preliminary questions of law - No interference warranted in the impugned..........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issue - Issue of res judicata is very important in civil litigation - Object of S.11 CPC can be fulfilled by treating issue of res judicata as preliminary issue - Trial Court to frame issue of res judicata as preliminary issue and to decide the same after providing opportunity to both the sides for..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Undated letter purportedly written by accused was sought to be exhibited by complainant - Objection was raised by accused and made a application that letter be sent to a handwriting expert - However, issue might become clearer after examination of..........
