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Sayeda Akhtar vs Abdul Ahad on 18 July, 2003

10. The learned counsel appearing for the respondents/plaintiffs has meticulously drawn the attention of the Court to the decision reported in 2003 AIR (SC) - 2985 (SAYEDA AKHTAR Vs. ABDUL AHAD), wherein the Apex Court has held that "No issue has been framed with regard to nuisance caused by tenant. Parties have adduced evidence in relation thereto. The trial Court has given a finding to that effect and the finding of the trial Court cannot be set aside on the ground that no issue has been framed."
Supreme Court of India Cites 2 - Cited by 79 - Full Document

Popatlal Gokaldas Shah And Anr. vs Ahmedabad Municipal Corporation on 18 April, 2002

20. For better appreciation, it has become shunless to rely upon the decision reported in AIR 2003 GUJARAT - 44 (POPATLAL GOKALDAS SHAH AND ANOTHER Vs. AHMEDABAD MUNICIPAL CORPORATION), wherein it has been held that "suit for compensation due to death by drowning in a swimming pool maintained by Municipal Corporation, the fact that the coach has failed and neglected to perform his part of duty. It is not a statutory duty or not a colour of Office not pursuant to any enactment i.e., provisions of the Act, Rules or Regulations. The death of the deceased falls within the general law of torts and therefore, Article 72 would not be applicable in facts. Suit for damages would be governed only by the residuary Article 113."
Gujarat High Court Cites 25 - Cited by 3 - Full Document
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