Criminal Procedure Code, 1973, Section 401 -- Acquittal - Appeal against - Trial Court and First Appellate Court found accused guilty and High Court acquitted the accused - Evidence of witnesses and conclusions of trial court and first appellate court have not been referred to at all - Two courts below had found accused persons guilty - Held, High Court has even not..........
Arbitration and Conciliation Act, 1996, Section 31(3) -- Arbitral award - Reasons - Merely because parties may have contractually agreed to resolve their disputes through arbitration it does not mean that they are not entitled to be informed of reasons on the basis of which Arbitrator makes the award and that they should suffer clueless as to reasons why they have been..........
Consumer Protection Act, 1986, Section 2(1)(f) , 21(b) -- Car - Defective car - Concurrent findings - There was no expert evidence to prove that the vehicle has got any defect - Only minor repairs were carried out and it has not been proved that there was any inherent or latent defect in the engine - The concurrent findings of two Fora below - No case made out by the..........
Criminal Procedure Code, 1973, Section 482 -- Speaking order - High Court dismissed petition u/s 482 Cr.P.C. without applying its mind and without passing a reasoned and speaking order - Case remitted back for fresh disposal - Appeal allowed...........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 63UM -- Insurance Regulatory and Development Authority (Protection of Policy Holders' Interest) Regulations, 2002, Clause 9.5 - Insurance claim - Surveyor's report - Repudiation of claim - No request made for appointment of another surveyor - Investigator appointed at its own - Held that having..........
Reasoned order -- Reasons introduce clarity in an order - Court must set forth its reasons, howsoever brief, in its order indicative of an application of its mind - Absence of reasons renders the order not sustainable...........
Motor Vehicle -- Pick up van - Purchased with financial assistance of financier - Out of six free services only two availed of and four free services could not be availed as there was delay in sending the coupons - Certain defects developed in the vehicle which was not attended to by respondent - Reliefs claimed by petitioner allowed by the Fora below except compensation..........
Criminal Procedure Code, 1973, Section 389 -- Appeal against conviction - Suspension of sentence - Exceptional cases - Order of suspension of sentence can be passed only in exceptional cases - It has to be a reasoned order and bail should not be granted as a matter of routine...........
Medical negligence -- Petitioner administered transfusion without testing whether medicine may cause reaction - The result was that there was blackening of hand resulting in restrictive movement of arm and fingers and which subsequently had to be amputated as it was affected by gangrene on account of above stated negligence - The State Commission held to have rightly..........
Education -- Examination - Deficiency in service - Contradictory statement before the District Forum that complainant allotted Roll No. though ostensibly it seems to have been allotted to some other person and not to complainant - It is this discrepancy which led to the Superintendent of the 'Examination Centre' of declining admission to respondent/complainant for writing..........
