Medical reimbursement -- Surgery in emergency got done from non - panelled private nursing home though the arrangement of panelled hospital available - Since the ex - employee has persuaded the hospital/nursing home to drastically reduce the bill - Air India'a attempt in further reducing it by making the schedule attached to the clause appears to be too harsh - Order of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Onus to prove is on petitioner - Petition is to prove fact of desertion as well as animus deserendi - Even if deserting spouse does not prove just cause for leaving apart, petition is still to satisfy the Court that desertion was without cause - In a petition for divorce by husband on ground of desertion, it is not..........
Criminal Procedure Code, 1973, Section 433 -- Commutation of sentence - Power of Govt. - As per copy of Govt. Orders produced, G.O.Ms.No.1762, Home (Prisons VI) Department, dated 20.07.1987 and G.O.Ms.No.164 Home (Priso, IV) Department dated 02.02.1996, premature release of prisoners was made applicable not for prisoners sentenced under the Prevention of Corruption Act,..........
Criminal Procedure Code, 1973, Section 218 -- Framing of joint charges - Duty of court - Held, Court has to consider the travails and tribulations that victim and other witnesses might face if trial is held separately, as prayed for by petitioners - Prosecution is also likely to examine several female students who are studying under the petitioners in order to bring home..........
Insurance claim -- Repudiation - Home loan - Personal accident cover also given - Deceased slipped in the bath room as result of which he fell down on the ground and received head injuries including brain stem haemorrhage and died - Held to be accidental death - Since no crime or offence committed by any one under IPC or any other law no FIR required - Post mortem also not..........
Love marriage/Rebellion marriage/Run away marriage -- Often, case of rape, abduction are registered against the boy - Parents and relations chase policemen wanting their daughter back in their home - A number of cases of honour killing have also been reported - State to speedily evolve compassionate mechanism to redress the grievance of the young couples and their parents..........
Indian Penal Code, 1860, Section 498A, 306, Evidence Act, 1872, Section 113A -- Suicide in matrimonial home within seven months of marriage - Every member of the family of deceased has come up with a different plea about the harassment - Husband of deceased was not at home when she committed suicide - No marks of injury on her body - No evidence on record as to why..........
Indian Penal Code, 1860, Section 34 -- Common intention - Joint liability - S.34 IPC is enacted on the principle of Joint liability - In order to bring home the charge of common intention prosecution has to establish by evidence whether direct or circumstantial that there was plan or meeting of mind of all the accused persons to commit the offence for which they are..........
Indian Penal Code, 1860, Section 34 -- Common intention - In order to bring home the charge of common intention, prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence for which they are charged with the aid of S.34, be it pre-arranged or on the spur of moment, but..........
Indian Penal Code, 1860, Section 406 -- Dowry and Stridhan - In case of dowry ownership is of the person to whom it is given and in case of Stridhan ownership is of the person to whom stridhan is given - In case of dowry there is no 'entrustment' of property - In a complaint when it is alleged that dowry demanded and given was not returned when wife was turned out of..........
