Guardians and Wards Act, 1890, Section 7, 10 -- Appointment of guardian of `M' of unsound mind - Guardian appointed without production of `M' - Several opportunities granted over a period of 10-13 years to produce `M', but he was not produced - Any order passed appointing guardian of a person whose whereabouts and existence is not affirmed through documentary and other..........
Indian Medical Council Act, 1956, Section 10A, 11(2), (19) -- Medical education - Admission to MBBS course - Permission to admit 150 students in course for academic year 2019-20 - Appellant college is a recognized college - Since recognition was for a period of 5 years which ends in the year 2021, it is open to appellant to apply for renewal of recognition - College shall..........
Indian Penal Code, 1860, Section 302, 304(Part I), 326 -- Nature of offence - Accused did not come with arm - There was altercation between deceased and accused - Accused had knowledge that injury would cause death - Considering evidence of witnesses and medical evidence including post mortem report, there is no doubt in guilt of accused - Case of accused thus, fall u/s..........
Criminal Procedure Code, 1973, Section 439, Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 6, 23 -- Bail - Pre-natal sex determination and abortion of female fetuses - Allegations in FIR and charge sheet as well as disclosure statements made by petitioner and co-accused u/s 27 of Evidence Act, reveal prima facie, petitioner had a..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Wife suffering from schizophrenia as alleged by husband - However, husband failed to examine doctors to support his case - Medical documents produced on record do not indicate that wife was suffering from schizophrenia - Husband thus, miserably failed to prove that wife was suffering from..........
Indian Penal Code, 1860, Section 376, 451 -- Rape - Testimony of prosecutrix - Accused is neighbour of prosecutrix - It seems highly impossible for a single man to gag mouth of prosecutrix and remove her clothes and to perform sexual act without any scuffle - Medical evidence also does not support case of prosecutrix - Defence of consensual physical relations does appear..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Victim was 7 years old at the time of occurrence - Ocular evidence adduced on behalf of prosecution corroborated with medical evidence - Blood stained panty of victim and blood stained clay was proved - Statement of victim found trust worthy - Statement of parents of victim, who though not are eye witnesses, yet their..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused called the unsuspecting deceased out of his house on fateful afternoon and inflicted stab blow by knife on his chest - Accused was carrying a weapon with him thus, incident was apparently perpetrated in a well planned manner with full premeditation - Intention of accused while inflicting..........
Indian Penal Code, 1860, Section 307, 323, 452, 34 -- Attempt to murder - Delay of 5 days in lodging FIR - Major omissions in FIR - Neither it is mentioned in FIR that A-1 was armed with country-made pistol nor it was mentioned that `D' was hit by a firearm - More so, despite the fact that alleged assailants were unknown to complainant, he neither described accused, nor..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder - Number of injuries on deceased persons as per medical evidence is three in number, which do not match with number of strikes made by accused persons - Eye witness attributed assault on both deceased to other accused - Involvement of accused in murder of two deceased is not established - Accused acquitted u/ss 302,..........
