Consumer Protection Act, 1986, Section 2(c)(iii) -- Consumer complaint - Medical negligence - Death of patient - Case of complainant was about lack of proper post operative medical care - No evidence on record that heart attack suffered by patient had any connection with operation in question or that it was on account of negligent post operative care - There was no mistake..........
Res Ipsa Locutor -- Strong incriminating circumstantial or documentary evidence is required for application of the doctrine...........
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Notice - Returned as unclaimed - When notice is returned as unclaimed, it shall be deemed to be served and it is proper service...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Date of receipt of notice is very important but it is not necessary that any particular date as regard receipt of demand notice should mandatorily be mentioned in the complaint itself - Day of receipt of demand notice can very well be inferred from documents/evidence on record...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Samples drawn in the presence of Gazetted Officer and not in the presence of Magistrate - Non drawing of samples in the presence of Magistrate and non certifying by Magistrate the inventory of seized contraband - Samples drawn not a valid piece of primary evidence - Once there is no primary..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, 29 -- Recovery of 250 quintal poppy straw - Petitioner was not apprehended from the spot - He was implicated only on the basis of disclosure statement of co-accused recorded u/s 27 of Evidence Act - No recovery has been made from possession of petitioner - Neither he is owner of vehicle in which..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Failure to conduct TIP is not always fatal - It all depends on facts of each case...........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - TIP is conducted as a part of investigation when an eye witness does not know accused before the incident - Identification of accused in TIP by eye witnesses though not conclusive, may give credence to identification of accused before Court by eye witnesses...........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 9 -- Murder - Test Identification Parade (TIP) - Instead of holding TIP, PW6 was called to office of Superintendent of Police and accused was shown to him in the office - Identification of accused by PW6 in Court is not free from reasonable doubt, as it becomes very doubtful as accused was shown to..........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Plaintiff has deposited the diet expenses - Once diet expenses stood deposited, it was duty of Court to issue summons to witnesses of plaintiff for securing their presence - However, without summoning of witnesses of plaintiff, his evidence has been closed - Case of plaintiff has been..........
