Consumer Protection Act, 1986, Section 12, Indian Contract Act, 1872, Section 148, 149 -- Theft/loss of vehicle given for valet parking to hotel employee - Relationship of bailment whether created - Consumer/complainant had given up possession of his car by handing it over to valet - Appellant/Hotel cannot refute existence of bailment by contending that its valet parking..........
Criminal Procedure Code, 1973, Section 203, Indian Penal Code, 1860, Section 452, 323, 324, 148, 149 -- Dismissal of complaint - Offence u/ss 452, 323, 324, 148, 149 - Complainant alleged that petitioners trespassed in her house and caused her injuries - However, house found to be in ownership of petitioner - Even, no material on record which can substantiate cause of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 326, 323, 148, 149 -- Bail - Offence u/ss 307, 326, 323, 148, 149 IPC - Petitioner is in custody for over 6 years - Injury which is attributed to him is on non-vital part of the body of injured - As conclusion of trial is likely to take some time, bail held, granted...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 324, 452, 148, 149, 506 -- Summoning of Doctor - To prove Radiological Reports - Doctor conducted radiological examination of injured - However, doctor was not cited in list of PWs by I.O due to oversight and omission could not be noticed by Assistant Public Prosecutor at the time of..........
Indian Penal Code, 1860, Section 302, 323, 324, 148, 149 -- Murder - Unlawful assembly - Four eye witnesses not only seen murderous assault upon deceased but were also injured in assault - Description of injuries made by witnesses and weapons used appear to be consistent with medical evidence - Unlawful assembly armed with various weapons and gathering in place of..........
Indian Penal Code, 1860, Section 302, 149, 148, 120B, Arms Act, 1959, Section 25 -- Murder - Mere recovery of weapons of offence on basis of disclosure statements would not justify conviction u/s 302, 120-B IPC...........
Indian Penal Code, 1860, Section 302, 149, 148, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 3 -- Murder - Testimony of sole eye-witness - Once testimony of sole eye witness discarded it would result in acquittal of convict because they were directly named by sole eye-witness as being present at the spot and of having fired shots/exhorted/driving and..........
Indian Penal Code, 1860, Section 323, 325, 147, 148, 149, 504, 506(2) -- Offence u/ss 323, 325, 147, 148, 149, 504, 506(2) - Cross-cases between parties relating to same incident - Complainant was convicted in cross-case and appeal against the same is pending - Injury caused to complainant by exercise of right of private defence by accused, when assault made by complainant..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - PW1, only independent witness, does not even implicate A-9, as he did not see A-9 at the place of occurrence - DW1 examined by defence and deposed against A-1 and other accused but not assigning even factum of presence of A-9 - Abetment of A-9 as alleged not proved beyond reasonable doubt - Embellishments and..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Role assigned to A-2, A-3 by PWs was that they hit the deceased with dagger not the role of firing - PW6 did not see firing of gun though he claims to have heard gu, shots and PW3 and PW4 state that they saw firing - However, no bullets or bullet marks were found at the site - Medical evidence on record shows..........
