Posts

Showing posts from July, 2019

Mere Existence of Alternate Forums not a Legal Bar to Exercise Writ Jurisdiction: Supreme Court

In Maharashtra Chess Association vs. Union of India :The Supreme Court has observed mere existence of alternate forums where the aggrieved party may secure relief does not create a legal bar on a High Court to exercise its writ jurisdiction...

Duty of care does not end with Surgery : NCDRC orders Hospital and doctors to Pay 31 Lakhs

D uty of care does not end with surgery; NCDRC Orders the Hospital and doctors to pay 31 Lakh To deceased patient's family ; in Pankaj R Toprani & 3 Ors V/s Bombay Hospital and Research & Medical & 2 Ors

Consumer complaint, Duties of a Medical Practitioner were defined by Supreme Court in Dr.Laxman Balakrishna Joshi v. Dr. Trimbak Babu Godbole AIR 1969 SC 128

Dr.Laxman Balakrishna Joshi v. Dr. Trimbak Babu Godbole AIR 1969 SC 128 : A.he owes a duty of care in deciding whether to undertake the case, B. he owes a duty of care in deciding what treatment to give and, C. he owes a duty of care in the administration of that treatment. A breach of any of these duties gives a right of action for negligence to the patient.

Limitation for suit for Possession based on Title is not Lost merely because Relief of Declaration is also Sought

Supreme Court has held that in a suit filed for possession and declaration that he is the owner of the suit land based on title cannot succeed unless he is held to have some title over the land. The main relief is of possession and, therefore, the suit will be governed by Article 65 of the Limitation Act, 1963 which deals with a suit for possession of immovable property or any interest therein based on title and the limitation is 12 years from the date when possession of the land becomes adverse to the plaintiff in  Sopanrao & Anr vs. Syed Mehmood &  Ors. (Civil Appeal No. 4478/2007), decided on 03.07.2019

Dishonour of cheque-Limitation

Use of word "from" in s. 138(a) of NI Act requires exclusion of first day on which cheque was drawn and inclusion of last day within which such act needs to be done : R.A. Joshi Vs S. Of Gujarat..AIR 2014SC 1554

Victim need not obtain leave for filing appeal against acquittal, it should be dealt as a regular appeal:SC

Victim need not obtain leave for filing appeal against acquittal, it should be dealt as a regular appeal, reiterates:Supreme Court Justice Sanjay Kishan Kaul and Justice KM Joseph in Naval Kishore Mishra Vs State of U.P. & Ors. 

Breaking news

Breaking News: CBI Raids Home and Offices of Senior Advocates Indira Jaising and Anand Grover:source