Indian Penal Code, 1860, Section 302, 149 -- Murder - Medical evidence - Only one kind of weapon i.e chopper was used in committing the crime - Evidence of doctor proved the injuries but suggested possibility of use of different weapons in causing those injuries - Though evidence of doctor may not be matching with that of prosecution, but ocular evidence of injured eye..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Determination of age - Medical age can act as a guideline only and not as a conclusive proof - Therefore, there is no strict law as regard lowering the age by two years from medical age...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Medical negligence - Loss of vision in left eye - Ethics Committee of Medical Council of India conducted an enquiry and held respondent guilty of medical negligence in treatment of complainant and removed his name from Indian Medical Register for a period of six months - Said order of MCI not challenged by..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Medical negligence - Loss of vision in left eye - Compensation - Medical negligence on the part of respondent is proved on record - Respondent misrepresented to NCDRC that he had deposited an amount of Rs.2 lakhs only, which had been paid to complainant - However, complainant has not received a single penny..........
Indian Penal Code, 1860, Section 354, 342, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Outraging modesty of woman - Time of alleged incident was mentioned at 1 pm in the FIR, whereas, brother of victim stated in his evidence that incident occurred sometime at around 10 am - Brother of victim did not utter a single sentence regarding alleged..........
Service -- Benefit of personal/promotional pay scale - Recovery of - Benefit of personal/promotional pay scale was granted only to Ayurvedic Medical Officers upon completing 8 and 14 years of service - Said order was contrary to order of Finance Department and therefore, rightly withdrawn - Personal time bound pay scale was granted to appellants, subject to condition that..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife and daughter - Enhancement of - Salary of husband has increased manifold - Wife is suffering from some ailment and requires recurring medical expenditure - Though daughter has become major in the meanwhile but there is nothing to show that she had become financially independent or was got married at the time..........
Indian Penal Code, 1860, Section 324, 307 -- Nature of offence - No evidence on record to show that PW1 sustained fatal injuries on vital organs as there is no medical evidence - Neither prosecution nor PW1 stated how many days he was in-patient in the hospital - Doctor who examined PW1 was neither examined nor his statement was obtained by prosecution - There are many..........
Indian Penal Code, 1860, Section 324, 307 -- Nature of offence - No evidence on record to show that PW1 sustained fatal injuries on vital organs as there is no medical evidence - Neither prosecution nor PW1 stated how many days he was in-patient in the hospital - Doctor who examined PW1 was neither examined nor his statement was obtained by prosecution - There are many..........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Offence u/s 4 of POCSO Act - Sole testimony of victim - Victim categorically stated in her statement u/s 164 Cr.P.C that neither accused nor any of his family member had assaulted her while she was with them - She has also not stated anything about subjecting her to sexual intercourse by accused when her..........
