Indian Penal Code, 1860, Section 304(Part II), 323 -- Offence u/s 304(Part II), 323 IPC - Complaint is lodged by independent person/doctor through cryptic telephonic message - Said complaint is not concocted one - Version of injured eye witness in wholly corroborated by medical evidence on record - Incident occurred on spur of moment and without pre-meditation - Deceased..........
Criminal trial -- Unnatural conduct totally against natural human behaviour of brothers of deceased - Medical clinic of doctor nearby place of incident - First endeavour of the two brothers would have been to take injured brother to the clinic for immediate medical aid or try and get some medical aid from the clinic of Doctor - According to statement of PW1 PCR Van..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Testimony of PW1 and PW11 - PW1 and PW11 are brothers of deceased, who are alleged to be eye witness of incident - Accused were only armed with hockey sticks and a knife not with any fire arms - However, unnatural conduct of PW1 and PW11 during and after the incident is extremely doubtful, as..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Medical evidence - 15 injuries stated to be inflicted by three accused on body of deceased within a short span of 5 minutes - Inflicting 15 injuries on body of deceased by three accused would require a considerable amount of time, particularly when deceased being a normal healthy person..........
Consumer Protection Act, 1986, Section 12 -- Life insurance - Death claim - Repudiation - Non-disclosure of serious pre-existing ailment - Deceased was suffering from a serious pre-existing medical condition which was not disclosed to insurer - In fact deceased was hospitalized to undergo treatment for such condition in proximity to date of his death and same was also not..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Testimony of relative witnesses - PW3 and PW12/eye witnesses are children of deceased - However, PW11 is an unrelated witness and his testimony substantially supports evidence of PW3 and PW12 in all material particulars - PW3 and PW12 were immediately present at the spot and identified accused with various deadly..........
Medical education -- Admission to Post graduate medical and dental seats - Abolition of NRI Quota - Private institutions have discretion to abolish NRI quota, as such power is exclusively within scope of private institutions decision making, more particularly when NRI quota is neither sacrosanct not inviolable in terms of existence in any given year or its extent -..........
Constitution of India, 1950, Article 226 -- Writ of Mandamus - Seeking withdrawal of Look Out Circular (LOC) issued against petitioner - Petitioner requires to travel abroad frequently for medical treatment - In his earlier visits to abroad petitioner has never violated terms of permission granted by CBI Court - In instant case petitioner is neither evading arrest nor..........
Guardians and Wards Act, 1890, Section 7, 8 -- Appointment of guardian - For person in comatose state - Medical Reports show that she is diagnozed with `Acute Aneurysmal Subarachnoid Haemorrhage' and that she is non-responsive to her surroundings - It is stated that she is in a vegetative state and there is nobody to manage affairs of `I' and her children or assets - Since..........
Indian Penal Code, 1860, Section 323, 341 -- Offence u/ss 323, 341 IPC - No medical evidence on record to sustain conviction u/s 323 IPC - As regarding offence u/s 341 IPC is concerned, since prosecutrix herself stated that she had gone to live with accused for 15 days of her own volition, no offence therefore, made out against accused u/s 341 IPC - Accused acquitted...........
