Discrepancies -- Trial is not rendered fatal for minor contradictions in the prosecution version...........
Discrepancies -- Trial is not rendered fatal for minor contradictions in the prosecution version...........
Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Contributory negligence - Accident between TATA 407 and bus of Haryana Roadways, resulting in death of driver of TATA 407 - Owner and insurer of TATA 407 not arrayed as party in claim petition - Held, no liability can be fastened on Insurance Co. in respect of driver of TATA 407 - Case remitted back...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of 1 year 4 months and 21 days from the day deceased went missing - Delay explained by stating that when no clue of his son was found during this period he requested the police to lodge report but police did not take any action - Not satisfactory explanation as informant could not tell the name of police station or..........
Indian Penal Code, 1860, Section 376 -- Rape - Of girl aged 11 years by Sarpanch - Delay of 11 days in lodging FIR - Accused very influential person - Family of prosecutrix referred the matter firstly to their Community members which delayed the matter - In sex related cases, delay in lodging FIR is hardly of any significance - Held, delay not fatal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 15 -- Poppy husk - Secret information received - Recovery of 30 kgs. from two bags hanging on back side of a mare - Search not conducted in the presence of a Gazetted Officer or a magistrate nor an offer was made to the accused as to whether he would like to be searched in the presence of a Gazetted Officer..........
Motor Vehicles Act, 1988, Section 166, 173 -- Fatal motor accident - Deceased aged 28 years left behind wife (pregnant), mother and father - Tribunal awarded compensation of Rs.4 lakhs out of which Rs.60, 000/- granted to mother and Rs.40, 000/- to father - Enhancement in compensation sought by way of appeal - Male child was born after seven months of death and brought on..........
Indian Penal Code, 1860, Section 376 -- Rape of girl aged 6 years - Delay of 48 hours in lodging FIR - Held delay is not fatal to the prosecution case - Initial reaction of the parents of a rape victim is to suppress the incidence to save their honour which invariably results in delay in lodging the FIR...........
Indian Penal Code, 1860, Section 302, 341 -- Appellant was armed with knife - Appellant ordered for personal search of deceased - When deceased resisted he was not only thrashed but given fatal injury - No evidence of scuffle - Not a case of sudden fight - Exception 4 to S.300 IPC not applicable to the facts of the case - Order of High Court convicting appellant u/s 302..........
Consumer Protection Act, 1986, Section 2(1)(f) , 13(1)c) -- Seeds - Defective seeds - Tomato seeds - Expert opinion - Expert inspected only 9 fields of 8 respondents, the details of which he has given in his Report - 12 respondents in the Revision Petitions have failed to produce any expert opinion to show that the seeds did not germinate in their fields because seeds..........
