Medical negligence -- Respondent/Plaintiff alleging that his wife died due to the negligence of the Defendant No.1 - Negligence attributed against the defendant No.1 is that after getting the advice that the patient was medically fit for the operation, she need not have referred the patient - It was because of the delay caused in referring the patient that the death..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Objection as to territorial jurisdiction of Court sought to be introduced - Admission in the written statement found to be inadvertent and by oversight - Suit at initial stage - No prejudice to plaintiff will be caused if amendment is allowed - Delay, if any, can be compensated with costs -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Leave obtained to withdraw suit with permission to file fresh suit on the same cause of action and on the same subject matter - Not open to plaintiff to file second suit with totally different cause of action and different subject matter by impleading other parties...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Reason for absence stated to be `illness' - Medical certificate not furnished - Does not lead to an inference that plaintiff is stating false as it is common knowledge that though a person may not be `ill', still a medical certificate to that effect can be procured...........
Negotiable Instruments Act, 1881, Section 118 -- Cheque - Payment by cheque is indicative that it is issued to extinguish an existing debt and not to create a new one - It is open to the plaintiff to establish that the payment of the amount by cheque was in fact a loan...........
Agreement to sell -- Suit for specific performance - Concluded contract - What is - Agreement executed by defendant by his free will - Defendant admitting to have received Rs.2, 80, 000/- - Delivery of possession mentioned in agreement but in fact possession not delivered - Agreement not vitiated merely by mention of fact of delivery of possession - No evidence led by..........
Specific Relief Act, 1963, Section 39 -- Restraining retired partner from interfering in possession of property of firm - Retired partner claiming ownership over suit property - However, ownership of firm over suit property and fact of retirement of partner proved - Retired partner instigated tenants of property in not paying rents to the firm - Held, plaintiff is entitled..........
Agreement to sell -- Suit for specific performance - Granting of decree for specific performance is not absolute - It is discretionary - Delay in filing suit, non-enquiry regarding the property that was to be sold and the non-inspection of the same are all matters which go on a long run to show that the plaintiff is not entitled to specific performance...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Mutual Wills - Two Wills executed by father and mother of plaintiff - Death of father - Prima facie possibility of two Wills being mutual Wills - Father gave his share in favour of his son and other daughter and mother's share was given to plaintiff daughter - Mother had also executed Will and bequeathed property in..........
Agreement to sell -- Suit for specific performance - Failure to prove time not to be the essence of contract - Further failure to prove plaintiff to be ready and willing to perform his part of contract - Such concurrent findings not suffering from legal infirmity - Held, refusal of specific performance is justified...........
