Health care -- Weight reduction - Package for - Deficiency in service - Compensation - Instead of 20 Kgs. of weight reduction there was reduction of weight of 12.7 kgs. - The complainant has availed of service and lost some weight - A sum of Rs. 25,000/ - awarded as compensation by the State Commission - Compensation sought for loss of prospectus of marriage or loss for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Accused led evidence to justify his act of stopping payment as paddy in lieu whereof cheque was issued was returned being substandard - Complainant failed to prove by leading any evidence that cheque was issued for discharge of any debt or other liability - Acquittal calls for no..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 256 -- Dishonour of cheque - Complaint - Dismissal of complaint on ground of non prosecution - Both complainant and accused absent - In absence of accused hearing could not have been done - Proviso to S.256 Cr.P.C. comes into play as personal attendance of complainant was not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cash loan of Rs.5 lakhs - Plea of never taking a loan - Held, once accused comes with a specific case that he never took loan from the complainant, it is for the complainant to lead cogent evidence o prove as to from where he advanced such a substantial sum to the accused by way of loan - In the instant..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B -- Bail - Offence u/ss 302 and 120-B IPC - While granting bail Court to consider the following factors among other circumstances, namely : (1) The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence; (2) Reasonable apprehension..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Complaint before Magistrate - Trial Court with reference to evidence of witnesses came to hold that accusations were without any substance and there was no material to show alleged commission of offence - High Court indicated several reasons as to why the complainant version lacks credibility or..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complainant, Manager in Bank - Advanced loan to accused - Dates mentioned in different ink from rest of the contents - It is improbable that complainant will advance loan to a person who had already defaulted in repayment of loan - Evidence on record that complainant did not have money with him and..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 137 -- Cross examination - Court witness - A witness summoned by Court cannot be termed a witness of any particular party - Complainant is entitled to the right of cross examination of such witness...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d)(i), 20 -- Illegal gratification - Conviction on the sole testimony of complainant - Evidence of complainant not suffering from any infirmity - Mere non examination of any other person does no render his evidence suspect - Accused convicted...........
Medical negligence -- Operation of fractured arm - DCP plates fixed - Had to undergo second operation - Alleged medical negligence - Respondent doctor holding a degree of M.S. in Orthopedics having 14 years experience in relevant field - He has requisite facilities like X - ray, a specialist to administer anesthesia, a well equipped operation theatre - No expert examined..........
