Advocate -- Enrolment - Pre-enrolment training - S.49(1)(ah) of Advocates Act, 1961, deals with a situation which is post enrolment of an advocate and does not deal with pre-enrolment situation for a candidate seeking enrolment and the Bar Council of India cannot frame rules prescribing pre-enrolment training and examination...........
Advocate -- Enrolment - Pre-enrolment training - The rule making power under S.49(1)(ag) of the Advocates Act, 1961 is ancillary to the statutory function entrusted to the Bar Council of India by S.24(3)(d) - It cannot travel beyond the said statutory sphere - Bar Council of India cannot frame rule prescribing pre-enrolment training for being enrolled as an advocate...........
Advocate -- Enrolment - Pre-enrolment training - Under S.7 of the Advocates Act, 1961 Bar Council of India can suggest ways and means to promote legal education to be imparted by the Universities and for that purpose it may lay down the standard of education, syllabi in consultation with the Universities in India - Bar Council of India cannot itself take up the role of..........
Advocate -- Enrolment - Pre-enrolment training - It is a statutory function of the State Bar Council only - Bar Council of India has no role to play in this respect - All it has to do is to approve any Rules framed by the State Bar Council under S.24(1) of the Advocates Act, 1961 laying down further qualifications for a person to be enrolled by it on the state roll as an..........
Hindu Succession Act, 1956, Section 14(1), 14(2) -- Scope - Sub-section (1) of Section 14 applies to the cases where the conferment of right to a Hindu widow was in lieu of maintenance or in recognition of her pre-existing right as provided under the Shastric Law and Hindu Women's Right to Property Act - Sub-sections (2) of Section 14 of the Act would apply only to such..........
Hindu Succession Act, 1956, Section 14(1), 14(2) -- Widow conferred the limited right to reside in house by Will in 1943 - Widow gifting away house to daughter in 1962 - Held, right conferred on widow was in recognition of her pre-exiting right as such right transformed into an absolute right by virtue of S.14(1) - Section 14(2) has no application - Gift deed is valid...........
TORT -- Damages - Medical negligence - Standard of proof - It is not proof beyond reasonable doubt, but only balance of probabilities to establish actionable negligence, not culpable negligence or rashness - Operation for non-toxic adenoma of thyroid is a major operation which has direct effect on heart - Nursing home lacking in amenities and equipments to conduct such..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Trial Court declined the application on the ground that evidence of the defendants was closed and that the application was moved at a belated stage - Held, an application for additional evidence normally pre-supposes that evidence of the parties has already been closed unless the application is for..........
Hindu Succession Act, 1956, Section 14(2) -- The ingredients of this sub-section are (a) property must have been acquired by way of gift, will or an instrument, decree or order of a civil Court or an award; (b) that such document, order or decree must prescribe a restrictive right in such property and (c) such instrument, document or order must confer a new right or..........
Interest Act, 1978, Section 6 -- Arbitration Act, 1940 - Interest - Pre-reference period - Interest Act does not apply to pending arbitration proceedings - Arbitrator cannot award interest for pre-reference period though award is made after coming into force of Interest Act...........
