Indian Penal Code, 1860, Section 304A -- Medical negligence - Element of gross negligence is sine qua non to prosecute the Medical Practitioner, for the offence u/s 304-A IPC - In absence of an element of gross negligence or rashness in the procedure which gives rise to a wrong decision to conduct surgery or to adopt a method in preference to other, no prosecution can be..........
Constitution of India, 1950, Article 226, Central Excise Act, 1944, Section 32E, Central Excise Rules, 1944, Rule 57A(4), 57D -- Inherent jurisdiction of High Court - Settlement Commission passed order directing respondent/company to pay back MODVAT Credit availed by them against defective product - Challenge against - In instant case, High Court without interfering with..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - As per the complainant, due to wrong noting down of the date neither complainant nor his counsel could appear in Court - Plea taken by complainant appears to be genuine as it would not have intentionally allowed the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Case fixed for accused appearance - Complainant bonafide is established from the fact that its representative had been appearing on each and every date of hearing earlier - Only due to noting of wrong date..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - Amendment sought to incorporate the relief of mandatory injunction of alternative site for second bridge - One common tender was called for construction of two bridges and one single agreement was signed - Terms and conditions for both the bridges are same - Amendment seeking relief of..........
Criminal Procedure Code, 1973, Section 190, 204 -- Cognizance of offence - Summoning of accused - Order of cognizance passed after perusal of case diary and police papers - Merely because it has been written by ministerial staff of Court upon instructions of Court, it may not be considered to have been passed in mechanical manner - Law requires taking of cognizance of..........
Limitation Act, 1963, Section 14 -- Extension of time - Medical negligence - Earlier remedy sought in Consumer Forum - Consumer Forum did not lack jurisdiction - S.14 of the Act is applicable only when remedy is sought in a wrong forum - As remedy sought earlier was not in a wrong forum as such S.14 of the Act is not applicable - Application for extension of time..........
Civil Procedure Code, 1908, Order 12, Rule 6, Hindu Marriage Act, 1955, Section 13(1)(ia), 23(1) -- Decree on admission - Divorce petition filed by wife - Husband in his counter claim also seeking divorce on ground of cruelty and desertion - Wife admitted that she has withdrawn the company of her husband and deserted him for a period of more than 2 years preceding counter..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Suicide - General type of allegations - Accused cannot be held guilty simply on the ground that there must be something wrong, otherwise, there was no reason for deceased to commit suicide - A person cannot be convicted merely on the basis of inferences and presumptions...........
Wrong provision of law -- Quoting wrong provision of law - Not a ground to reject application, if same is otherwise permissible under any other provision of law - Substantive rights of parties cannot be defeated by making hyper technical approach...........
