Medical Negligence—Services rendered by ESI hospital dispensary falls within ambit of ‘Services’ as defined in the Consumer Protection Act and therefore Consumer forum has jurisdiction to adjudicate the matter relating there to. Services— There is a distinction between a ‘contract of service’ and a ‘contract for service’
2007(2) LAW HERALD (SC) 1696 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Justice P.P. Naolekar The Hon’ble Mr. Justice Dalveer Bhandari…
Common Object—The question, as to whether in a given case common object has been made out or not, will depend upon the facts and circumstances thereof; Conduct of the parties and the manner in which the occurrence has taken place.
2007(2) LAW HERALD (SC) 1689 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 431 of 2006…
Secondary Evidence—Only when conditions of Section prescribed in Section 65 are satisfied, documents can be admitted as secondary evidence.
2007(2) LAW HERALD (SC) 1686 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…
Arbitrator—Appointment of—Firstly Arbitrator has to decide existence of arbitration agreement and claim comes within purview of agreement—However, these two aspects are not to be treated as preliminary issue.
2007(2) LAW HERALD (SC) 1679 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 2133 of…
Decree—Execution of—Property situated outside the territorial jurisdiction of the Court which passed the decree—Decree passed to the Court having jurisdiction over the property.
2007(2) LAW HERALD (SC) 1674 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 2078 of…
Confiscation of vehicle—Truck used for transportation of wheat—Whether there was any valid paper regarding possession of wheat was not subject matter of confiscation proceeding—Vehicle released.
2007(2) LAW HERALD (SC) 1670 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 659 of…
Adverse Possession—Adverse possession is a right which comes into play not just because someone loses his right to reclaim the property out of continuous and willful neglect but also on account of possessor’s positive intent to dispossess.
2007(2) LAW HERALD (SC) 1655 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 7062 of…
Admitted facts—Need not be proved—The Court was entitled to draw an inference that the same had been admitted. Partition—Family settlement—Not given its full effect—Finding that by purported settlement deed, joint family property had not been partitioned by meets and bounds—Finding held to be proper.
2007(2) LAW HERALD (SC) 1651 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 7061 of…
Acquisition of Land—Under Act of 1952—Grant of solatium and interest—Award passed by arbitrator attained finality—Compensation payable as per award.
2007(2) LAW HERALD (SC) 1644 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 6063-6064…
Notice—Send by post—Returned unserved on refusal—Defendant on oath stated he did not received the notice—The same would prevail, unless the postman was examined.
2007(2) LAW HERALD (SC) 1641 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 5130 of…