Evidence Act, 1872, Section 32 -- Dying declaration - Delay in recording - Failure of prosecution to explain why for all these days dying declaration was not recorded - Non availability of Magistrate - Even if prosecution had put forth such a ground it had only to be discarded at the threshold as the same is inconceivable...........
Industrial Disputes Act, 1947, Section 2(oo), 25 -- Termination - Delayed demand notice - Petitioner/workman failed to prove that he had completed more than 240 days in the 12 preceding months with the respondent/Management from the date of termination - Petitioner - workman had also failed to proved that unfair labour practice was invoked by the respondent/Management to..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Compensation - Allegation of misdiagnosing disease as Guillain Barre Syndrome (GBS) instead of Cervical spondylosis myelopathy (CSM) - Allegation that GBS was a mis - diagnosis or that the treatment was inappropriate neither supported by facts of the case nor the standard medical literature -..........
Consumer Protection Act, 1986, Section 2(1) -- Housing - Allotment of house - Plea that that rate of house should be as on the date of application repelled - Plea that house not allotted within a period of two years he is entitled to interest @ 20% on the amount deposited repelled - Respondent - Board in agreement itself has taken liability for a award of interest @6% p.a...........
Insecticides Act, 1968, Section 22(6) -- Sample of insecticide - Delay of 6 days in sending the sample - Under Section 22(6) of the Act sample has to be sent `forthwith' - Meaning of `forthwith' - Sample should be sent for analysis without any delay and it should be sent within 24 hours maximum...........
House Holder Insurance Policy -- Insurance claim - Repudiation - Alleged theft of bag containing some important documents, Jewellery, watches, cash, from locker of almirah - Delay in lodging FIR and filing claim before the OP - Admission by the wife of respondent - complainant that she used to carry keys of the almirah with her, which was in bedroom of his daughter - There..........
Vital documents -- Delay in sending to Court - Delay by itself is not fatal to the prosecution in each and every case - Effect of delay in sending the vital documents to the Court have to be assessed and appreciated on the facts and circumstances of each case...........
Criminal Procedure Code, 1973, Section 161 -- Delay in sending statements recorded u/s 161 Cr.P.C. to the Court - Explanation of I.O. available on record - Reasons beyond control of I.O. - Nobody's case that such statements were not recorded by I.O. at all - Not fatal to prosecution case...........
Evidence Act, 1872, Section 9 -- Test identification parade - Nine accused arrested on different dates - Last accused arrest on May 29, 1980 and test identification parade held on June 4, 1980 - Held, in the facts and circumstances of the case explanation is acceptable and it cannot be said that test identification parade suffers from any undue and unexplained delay...........
Criminal Procedure Code, 1973, Section 161, 162 -- Delay in recording statement of witnesses - In case of delay in examination of witnesses in the manner of investigation the same is not a ground to condemn the witness - S.162 Cr.P.C. is very clear that it is not mandatory for the police to record every statement - Law contemplates a situation where there might be..........
