Hindu Law -- Joint Family Property - Alienation by Karta - Legal necessity - Alienees have pleaded legal necessity - Therefore, it is for alienees to prove legal necessity - Alienations were for medical expenses of senior male member of family and thereafter for building the house and family maintenance - Sale deed executed in favour of alienees is valid and prove legal..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Aggravated penetrative sexual assault of 9 years old boy - Victim clearly and unequivocally stated that accused inserted his penis into anus of victim - Medical report confirmed the laceration and tear of anus - Nothing is brought by accused to establish to the..........
Criminal Procedure Code, 1973, Section 53A -- Medical examination of accused - Rape case - Accused was arrested after 15 days of incident - I.O did not think it necessary to get accused examined u/s 53-A of the Act. rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1101 gms brown sugar - Bail - Petitioners were not forwarded to Court of Special Judge within 24 hours excluding the time taken for journey to Court - Time of medical examination is also found to be beyond 24 hours - What was the reason for..........
Criminal trial -- Two contrary medical reports of a person - In such situation, for elucidating of truth of report, a further report by a duly constituted Medical Board is a must to be prepared...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Husband and in-laws demanded dowry from the date of marriage itself - Wife was beaten by husband and her in-laws - Allegations of marpeet is on record - But no medical reports have been filed - I.O conducted investigation and proved the documents on record - It is..........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Ossification test or other medical test though is a guiding factor for determining the age, it is not conclusive or incontrovertible and leaves a margin of error of two years on either side...........
Indian Penal Code, 1860, Section 376A, Protection of Children from Sexual Offences Act, 2012, Section 3, 5 -- Rape - Relationship between accused and prosecutrix was purely consensual in nature - Prosecutrix was not minor at the relevant time as per medical evidence - She changed her stand from stage to stage - No specification of date, time and months of sexual acts given..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Medical negligence - Insurance policy issued in favour of doctors - Consumer complaint against hospital and doctors - Doctors held to be negligent - Insurance company is liable to said extent and in all other respects, hospital shall reimburse the compensation jointly and severally...........
Indian Penal Code, 1860, Section 307, 323, 341, 447, 34 -- Attempt to murder - Parties are closed relatives and are in joint possession of agricultural field - Incident occurred suddenly on a trivial issue - There is no premeditation - Accused party allegedly made assault over complainant party as a consequence of which victims received injuries - Medical evidence shows..........
