Medical negligence -- Delivery case - Death during delivery - Res ipsa loqutur - Compensation - Wife of complainant was healthy woman aged 39 years with all parameters being normal, died due to anesthetic dosage given to her and the Anesthetist did not reverse it properly - From the operation theater onwards patient's conditions just remained critical and deteriorated as..........
Motor Vehicles Act, 1988, Section 168 -- Fatal motor accident - Compensation - Site plan prepared by police - Evidentiary value of - Held, site plan prepared by police has its face value for purpose of satisfaction of tribunal in summary proceeding for purpose of determination of compensation...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(1A), 13A(8) -- Specified landlord - Eviction petition - Landlord retired from service - Premises let out after retirement - Landlord does not fall within special category landlords and not entitled to invoke summary procedure of eviction u/s 13A of the Act - Landlord can seek eviction u/s 13 of the Act like..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Suit claim Rs.2.66 crores and leave to defend granted on deposit of Rs.2 crores - Conditions imposed while granting leave to defend should not be unduly onerous - Appellant to deposit a sum of Rs.1.10 crores within a period of two months and further a sum of Rs.90 lacs to be deposited..........
Mutation -- Grant of mutation on the basis of natural succession ignoring Will - Writ petition - Held, not maintainable - Parties relegated to the remedy of civil suit as it is civil court which can decide the question of title and validity of Will - Sanction of mutation does not determine the rights or title to the property - Mutation proceedings are summary in nature and..........
Criminal Procedure Code, 1973, Section 384, 386 -- Criminal appeal - Summary dismissal of - Impugned order was passed without hearing appellant or his counsel - Appellant was absent for first time due to his mother's death when impugned order passed summarily dismissing appeal - Held, impugned order deserves to be interfered with and consequently impugned judgment and..........
Medical negligence -- Compensation - Premature delivery - Retinopathy of Prematurity - Development of - Baby kept in hospital for 24 days - OP Nos. 3 and 4 have seen the baby after the discharge at home and at the clinic and yet no such advice for screening ROP has been given - OPs have failed in their duty of care by not writing anything in the discharge summary what is..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Provision of S.11 of the Act is mandatory - Proceedings u/s 11 of the Act are not summary in nature and are to be decided like a civil suit - Principles of underlying various provisions have to be complied with for determining the question of title - It is mandatory for Collector to frame necessary issues..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, Civil Procedure Code, 1908, Section 11 -- Second application u/s 7 of the Act - Not barred by principle of res judicata - Doctrine of res judicata is not applicable to summary proceedings - Dismissal of earlier petition u/s 7 of the Act does not bar subsequent petition...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C. are summary in nature...........
