Medical Termination of Pregnancy Act, 1971, Section 5, Medical Termination of Pregnancy Rules, 2003, Rule 8 -- Review - Order passed under R.7 of the Rules - In the instant case, review application filed by petitioner which is not decided by State Government - Once petitioner has availed remedy of review, which is statutory remedy under Rules, Competent Authority, to whom..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - No fresh tenancy came into existence merely because plaintiff continued to accept admitted rent, after termination of tenancy, till filing of suit - Rather, plaintiff is entitled to mesne profit/damage/charges for use and occupation of suit premises from defendant till the suit premises is vacated...........
Civil Procedure Code, 1908, Section 100, Delhi Rent Control Act, 1958, Section 50, 2(i), Slum Areas (Improvement and Clearance) Act, 1956, Section 19 -- Second appeal - Suit for possession and mense profit - Tenancy of defendants/appellants were terminated - Once tenancy of appellants/defendants of suit property stood terminated, the status of appellants/defendants was not..........
Medical Termination of Pregnancy Act, 1971, Section 3 -- Termination of 31 weeks pregnancy - Medical examination of petitioner shows that if pregnancy is terminated at this stage it is not going to be more hazardous than spontaneous delivery at term, as child not likely to survive after birth - On the contrary continuing pregnancy will cause more mental anguish to..........
Criminal Law (Amendment) Ordinance, 1944, Section 12, 13 -- Attachment of property of accused - Appeal against order of conviction pending - In one criminal case trial is already pending - Plea that once a judgment is pronounced in a criminal case by Court and if no finding is recorded with regard to attached property, no order can be passed with regard to attached..........
Medical Termination of Pregnancy Act, 1971, Section 3(4), Indian Penal Code, 1860, Section 313, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Termination of pregnancy without consent of husband - Pregnancy of petitioner terminated in order to save her life, as her condition was deteriorating due to carrying a dead foetus - Medical evidence confirms..........
Medical Termination of Pregnancy Act, 1971, Section 3 -- Termination of pregnancy of 25 to 26 weeks - Medical evidence suggests that there is no point in allowing pregnancy to run its full course since fetus will not be able to survive outside uterus without skull - Moreover, continuation of pregnancy can pose severe mental injury to petitioner and no additional risk to..........
Arbitration and Conciliation Act, 1996, Section 12(1)(b), 13 -- Appointment of arbitrator - `Ineligibility' and justifiable doubts as to the arbitrator's independence or impartiality - If arbitrator falls in any one of the categories specified in the Seventh Schedule, he becomes `ineligible' to act as arbitrator - Since such a person lacks inherent jurisdiction to proceed..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for possession dismissed as plaintiffs were not able to prove the termination of tenancy before filing the said suit - Although plaintiffs asserted that notice had been sent but service of notice on tenant was not proved - Subsequent suit for possession is not barred on account of res judicata...........
Medical Termination of Pregnancy Act, 1971, Section 3, 5 -- Termination of pregnancy - Rape victim - Victim aged 35 years, a destitute woman, living in shelter home - Necessity of consent for termination of pregnancy is only of victim - There was no reason whatsoever to implead husband and father of victim, as concept of consent by a guardian in the case of major should..........
