Road widening project -- Directions issued to State or its instrumentalities i.e: (i) Ascertain the existing width of road in terms of official records/maps; (ii) Carry out a survey/demarcation to ascertain whether there is any encroachment on the existing road with reference to the existing records/maps; (iii) If an encroachment is found, issue a proper, written notice..........
Encroachment -- Demolition of residential house - Demolition was preceded only by a Munadi - There was no written notice and no disclosure of the basis of demarcation or extent of demolition to occupiers - Even in respect of area allegedly encroached no due process was followed and a written notice was not issued - Demolition was thus, high-handed and without authority of..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim has categorically stated that she willingly and without resistance got physically involved with appellant reaffirming and fortifying her consent to such an act - Due to a prolonged sexual relationship victim eventually became pregnant and on such revelation appellant refused to marry her and suggested for termination of..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Merely because the patient has not responded favourably to the surgery or the treatment administered by a doctor or that surgery has failed, doctor cannot be held liable for medical negligence straightway by applying the doctrine of Res Ipsa Loquitor unless it is established by evidence that doctor failed to..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Medical evidence - Deceased appeared to have died of compression over neck - Medical record clearly establishes that deceased had died due to external injuries, which could not have been a natural consequence of consuming paint, as alleged by accused - Presence of accused at the time and place..........
Service -- Pensionary benefits - Interest on belated payment of pension - Appellants were paid arrears of revised pension, but, they were not granted any interest for payment of arrears of pension due to them - However, appellants waited till the rights of retired employees/Lecturers of Government Colleges, were crystalised and thereafter, made representation to the..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Post-notification sales can only be considered when better evidence is not available on record and when the party relying on it can convincingly demonstrate that there has been no upward trend in market prices due to the acquisition...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review lies only on the grounds mentioned in O.47.R.1 r/w S.114 CPC - Party must satisfy Court that matter or evidence discovered by it at a subsequent stage could not be discovered or produced at the initial stage though it had acted with due diligence - A party filing a review application on the ground..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review application can be allowed only on: (i) discovery of new and important matter of evidence which, after exercise of due diligence, was not within the knowledge of person seeking review, or could not be produced by him at the time when the order was made, or (ii) when some mistake or error on the..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery of arrears of maintenance - Execution - Limitation period of one year as contemplated u/s 125(3) Cr.P.C merely prescribes the mode of recovery through Court and not the liability itself - There still remains a continuing liability to pay arrears of maintenance even after the right to recover such..........
