Minor Acts

THE REGISTRATION ACT (XVI OF 1908)

SECTION 17(2)

-    No stamp duty on sale certificate issued by court under O-21 R-94 CPC in favour successful auction purchaser – sale certificate only to be registered with the sub-registrar.
1995 CLC 1922 Kar.
 
 STAMP ACT, 1899

Section 35

-    Instrument not properly stamped not invalid but subject to disabilities –can be admitted in evidence on payment of deficit.
PLD 1989 KAR 371
 
 COURT FEES ACT 1940

 
SECTION 7 & Pb. COURT FEES ABOLITION Ord. 1983

-    Decree for maintenance–memo of appeal decree being for less than Rs.25000/-no court fee ------- on memo of appeal.
1995 SCMR 1720
 
FATAL ACCIDENTS ACT (XIII OF 1855)

SECTION
-    Cases of medical negligence also fall within scope of fatal accidents.
AIR 1969 SC 128

-    Duties of medical practitioners towards patients stated.
Also see of Halsbury’s laws of England 3rd Ed. VOL.26 p 17

-    No doubt doctor has discretion in choosing treatment which he proposes to give to patient such discretion is relatively ample in cases of emergency.

-    Entitlement of plaintiff for damages under the Act of 1895 on a cause of action arising from criminal act or whether act of 1855 contemplates only those cases necessarily flowing from fatal accidents.
AIR 1932 LAH 146
AIR 1933 LAH 770
AIR 1949 ALLABAD 448
PLD 1995 KAR 603

-    Suit for compensation –deaths caused by crash of aircraft of P.A.F. suit come under the purview of fatal accident Act.
1995 MLD 1922
 
 INSURANCE ACT (IV OF 1938)

-    Nomination –nominee-merely confers right to collect and receive but will not operate as a gift or a will and would not deprive other heirs.

Entire case law discussed
PLD 1995 KAR 560
 
PROVINCIAL MOTOR VEHICLES ORDINANCE 1965

Section 62

-    Cancellation of route permit by R.T.A. without affording opportunity of hearing and communicating order of cancellation after one year –was set aside in constitution jurisdiction.
1995 CLC 1123