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Saturday, August 13, 2011

Medical negligence - when does the obligation of the hospital cease

Mahendra Devi v. Subrata Patra, 2006 CTJ 401 (CP) (SCDRC)

Obligation of nursing home and its staff ceased as soon as the patient was discharged in good condition.



Inordinate Delay in passing judgment by trial court ground for setting it aside

See AIR 2001 SC 3173
1 (2010) CPJ 611 (CG-SC)


Thursday, August 11, 2011

consumer - definition

LAXMI ENG. WORKS Vs. P.S.G. INDUSTRIAL INSTITUTE reported in the AIR 1995 page 1428 and SCC 1995  (3) page 583.  - http://indiankanoon.org/doc/1433560/ 


does not include 'commercial activities'.

Sunday, July 31, 2011

Pipeline Provisions - retroactivity

[1995] 2 All ER 714
[1970] 3 All ER 165

Thursday, July 28, 2011

Interim order does not continue automatically

2009 (3) AWC 3115:
2009 (6) ALJ 397
AIR 2007 SC 1411
AIR 2008 SC 2718

Sale of property in violation of Order 39 injunction

Sale is invalid in exercise of power u/s 151 CPC
See  AIR 1996 SC 135, AIR 2008 SC 901: (2008) 8 SCC 348

Thursday, July 21, 2011

Settlement Agreement - binding nature

Double Dot Finance Services

2005 1 ARBLR 324 (Delhi)
upheld by DB in 2009