The net result of this study would appear from his evidence, the relevant part of which I think it right now to set out. Saify was not in Bombay at all on that day. Thus, in case of dispute inter se between the Builder and the Trust based upon subsequent agreement to sale entered into in 2010, there was no right available to the Builder to ask Avas Evam Vikas Parishad to demarcate the land which it had already given to the Trust. 225 and Donnall's case, (1817) 2 C.

This, it was a wholly misconceived venture on the part of the Builder to ask Avas Evam Vikas Parishad to demarcate the land given to the Trust, particularly when the Parishad was not having any housing scheme with respect to the land which had been given to the Trust. In our considered opinion, no part of the cause of action to the Builder has arisen at Lucknow where the Head Office of Avas Evam Vikas Parishad is situated.

This is untrue for, as I have already said, it has been proved clearly that Dr. Her sputum is positive. Mehta who appears to be a medical man of some eminence. As way-back in the year 2007, much before agreement to sell was entered into, it had exchanged its 21 acres of land with the Trust. Reliance Jute and Industries Ltd. Two stages of thoracoplasty operations on the left side were done and there was good clearing of disease but there was a small residual cavity seen and the third stage operation was advised.

This call book was produced on September 2, 1958, and it showed that Dr. A right which had accrued and had become vested continued to be capable of being enforced notwithstanding the repeal of the statute under which that right accrued unless the repealing statute took away such right expressly or by necessary implication. Moreover, no application was ever filed by the Builder to Avas Evam Vikas Parishad for seeking demarcation of the land.

Anija stated that the Registrar whom she sent for was Dr. In the later case papers, there is no mention of hysterical fits, and it seems that she had overcome that trouble after the performance of hysterectomy and the cysticpuncture of the ovary, for there is no evidence of a recurrence after 1948. Shah as the Registrar whom she was calling. Anija had sent for the Registrar. The patient is leaving at her own request against medical advice. Avas Evam Vikas Parishad was not at all answerable to the Builder.

Diabetes was, however, present, and must have continued till her death. He was also of the opinion that no natural cause for the death was disclosed by the autopsy, and according to him, it was probably due to the administration of some unrecognisable poison or a recognisable poison which, due to the lapse of time, was incapable of being detected by analysis. Anija had herself written down the name of Dr.

She had diabetes with high blood sugar which was controlled by insulin. " From the above, it appears that Laxmibai's general complaints were menstrual irregularities corrected by hysterectomy, tuberculosis of the lungs controlled to a large extent by thoracoplasty and medicines and diabetes for which she was receiving treatment. After the 21 acres of land had been given to the Trust, Avas Evam Vikas Parishad had nothing to do with that land. The most important direct evidence as to the cause of death and on which the prosecution has greatly relied, is the, opinion of Dr.

He gave several reasons for coming to the conclusion that Laxmibai did not suffer from diabetic coma. In view of the fact that the Avas Evam Vikas Parishad had exchanged the 21 acres of land with the Trust and it had a statutory duty enjoined under section 15 of the Adhiniyam of 1965 so as to conduct survey and demarcate the land. From this mass of evidence given by persons from different walks of life and most of them well-placed, it is clear enough that Laxmibai was not in such a state of health that she would have collapsed in the train, unless something very unusual took place.

the right side was within normal limits. All the papers connected with the illnesses of Laxmibai and the postmortem examination report bad been given to him and he had made a thorough study of them. This is the effect of Section 6 of the General Clauses Act, 1897. In contrast, the judgment in M/s. (a) In the present case, the approval of the housing project, its scope, definition and conditions, all are decided and dependent by the provisions of the relevant DC Rules.

I have earlier mentioned that when Laxmibai was lying unconscious in Ward No. was concerned with income tax only. She was not in the moribund state in which she undoubtedly was, when she reached the hospital. Now it appears that the hospital kept a call book in which a House Physician wanting to call the Registrar would make an entry and send it to the Registrar. It was submitted on behalf of the Builder that the writ petition was filed before the Lucknow Bench of the High Court of Allahabad as the Head Office of Avas Evam Vikas Parishad is located at Lucknow and part of the cause of action has arisen at Lucknow.