Criminal Procedure Code, 1973, Section 248(2) -- Quantum of sentence - Illustrative factors are : (a) Motive or previous enmity; (b) Whether the incident had taken place on the spur of the moment; (c) The intention/knowledge of the accused while inflicting the blow or injury; (d) Whether the death ensued instantaneously or the victim died after several days; (e) The..........
Partition -- `Partition' is a re-distribution or adjustment of pre-existing rights, among co-owners/coparceners, resulting in a division of lands or other properties jointly held by them, into different lots or portions and delivery thereof to the respective allottees - When all co-owners get separated, it is a partition...........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 324, 34 -- Conviction u/ss 324 r/w S.34 IPC - Pre-exiting enmity between two families - Two convicts women and they not having any criminal record or previous conviction - Having regard to their age, character and antecedents and the circumstances in..........
Arbitration Act, 1940 -- Interest - There is no specific provision relating to power of Arbitrator to award interest - Arbitrator can award interest for pre-reference period, pendente lite and future period if there is no express bar in the contract regrading award of interest...........
Interest Act, 1978, Section 3(i) -- Arbitration Act, 1940 - Arbitration award - Interest - Pre-reference period - Interest for pre-reference period can only be allowed if there was an agreement to that effect or if it was allowable under the Interest Act, 1978...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitration award - Interest - Agreement between parties barred payment of interest - Bar operates not only against pre-reference period but also operates during pendente lite period...........
Criminal Procedure Code, 1973, Section 167(2), 309(2) -- Remand - Pre and post cognizance stage - There is distinction between the two - Remand at pre-cognizance stage is made in terms of S.167(2) Cr.P.C. and remand at post-cognizance stage is u/s 309(2) Cr.P.C...........
Arbitration and Conciliation Act, 1996, Section 37 -- Provision of S.37 of the Act applies only when pre-conditions mentioned therein are satisfied...........
Medical negligence -- Expert evidence - X - ray revealed a mass in the left hemithorax with posterior mediastinal erosion of the left with 2nd,3rd and 4th ribs - Surgery for tumor - Acute paraplegia with a complete loss of control over lower limbs developed by complainant after surgery - Complete investigation prior to actual operation had not been carried out - Expert..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Medical negligence - Compensation - X - ray revealed a mass in the left hemithorax with posterior mediastinal erosion of the left with 2nd, 3rd and 4th ribs - Surgery for tumor - Acute paraplegia with a complete loss of control over lower limbs developed by complainant after surgery - Negligence at pre -..........
