Definition of ‘dependant’ as provided in Section 2(1)(d) of Act, 1923, which is reproduced herein below:- (d) “dependant” means any of the following relatives of a deceased (employee), namely- (1) a widow, a minor [legitimate or adopted] son, an...
Month: April 2019
“When there is inherent lack of jurisdiction going by the averment of the plaint, question of waiver and/or estoppel does not arise as averments made in the plaint do and can not confer any jurisdiction. So this application for...
In England a distinction was made between barristers and other professional men and for a long time it was in usage that a barrister could not be sued by a client for negligence or breach of duty because a...
Suit for damages against counsel due to loss and injuries suffered on account of negligence in conducting professional duty - Held no exemption can be claimed by a legal practitioner - Legal practitioner may settle with the person and...
In absence of right to sue, the court must shoot down bogus litigation at the first hearing-SC
6 min read
T. ARIVANDANDAM Vs. T.V. SATYAPAL AND ANOTHER - Rejection of Plaint - Under Order VII, Rule 11, C.P.C. taking care to see that the ground mentioned therein is fulfilled. And, if clear drafting has created the illusion of a cause...
MELEPURATH SANKUNNI EZHUTHASSAN Vs. THEKITTIL GEOPALANKUTTY NAIR - The position, however, is different where a suit for defamation has resulted in a decree in favour of the plaintiff because in such a case the cause of action has merged...
e-Court Project is one of the mission mode projects of Central Govt. of India. Centralised website http://ecourts.gov.in/ was created by the Supreme Court. Why e-Courts? 1) Paper has served the judicial system well, in terms of documenting and preserving,...
Order 32 A of The Code of Civil Procedure 1908
The definition of consumer u/s 2(1)(d) does include the services rendered by Advocate – Madras High Court
13 min read
Even if the section is declared to be unconstitutional the other sections of the Act will continue to be intact and if the services of the advocate fall within the definition of service u/s 2(o) of the Act, then,...
Address of the experts available for the opinion in Criminal Investigation in West Bengal
1 min read
Blood, Semen, Viscera, Hair, Arms, Ammunition, Electric Meters, Ballastics, Weapon of Offence, Tampered Registration no. of Vehicles, Wearing Apparels etc. The Director, Forensic Science Laboratory, 37/1/2, Belgachia Road, Kolkata- 37 Ph- 033-25565430 Arms, Ammunition, Bombs, Explosives and DNA Test. The Director, Central Forensic...
General precautions by IO Put the date of Sealing without a miss If possible, the articles initiated by the witnesses and sealed in their presence When the articles are received at the police station, make an entry in the...
(i) Mere delay in Despatch of FIR to magistrate is not a circumstance, which can throw out the prosecution case entirely. [Pala Singh & vs. State of Punjab, AIR 1992 SC 2679] (ii) The delay is not necessarily fatal particularly when...
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