Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation that wife was beaten up both physically and mentally on demand of dowry - However, no medical document to substantiate fact of injury on complainant - None of PWs deposed that filthy languages uttered by accused to cause mental torture on complainant - Delay in lodging complaint remained unexplained - No..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Home loan - Pre-condition for home loan was life of borrower will have to be insured - Borrower was subjected to a medical test which showed normal health status - Premium was accepted and retained for life insurance - Insurance process was completed and all mandatory requirements were met -..........
Employee's Compensation Act, 1923, Section 4 -- Accident - Compensation - 100% functional disability - Appellant was 40 years old and her income is Rs.8000, 60% whereof works out to be Rs.48,000 - Multiplier of 184.17 should be applied as per Schedule IV of 1993 Act - Total compensation of Rs.9,30,000 with 9% interest p.a should be awarded to appellant after adding amount..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Determination of age - Glaring gap and discrepancy between date of birth of accused recorded upto class 5 as compared to date which came to be recorded in Class 6 - Birth certificate issued by Nagar Nigam not produced before JJ Board - Even, said certificate is a waste paper on which no..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband is earning Rs.5 lakhs p.m - No medical evidence on record that husband is handicapped and suffering from ailment of Rheumatoid Arthritis - Family Court rightly considered the income of husband and granted maintenance to wife and daughter...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(a), 13(2) -- Illegal gratification - Accused being Medical Officer demanded and accepted Rs.8200 from complainant for treatment of his wife and Rs.1100 from `S' for treatment of his father - Time gap between alleged payments made in 1993-94 and FIR registered in the year 1997 was taken into consideration by trial Court -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Victim was just above 17 years - Consent if any pales into insignificance - Even if consent is presumed, willingness was absent as indicated by medical examination report of victim - Act was resisted by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Bail - Kidnapping - Prosecutrix in her statements recorded u/ss 161, 164 Cr.P.C have not supported prosecution case - No medical evidence to support prosecution case - Ingredients of offence u/s 363 IPC not..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 45% permanent disability - Future medical expenses - Appellant was 19 years old at the time of accident and now he is 29 years old - Considering the fact that he would be incurring costs towards medical expenses in future along with physiotherapy and nursing, a bare minimum of Rs.1000/- is spent per month - Amount of..........
Medical education -- Private medical colleges - Fixation of fee - State unilaterally enhanced the tuition fee exorbitantly to Rs.24 lakhs p.a which was seven times fee fixed earlier that too when revision of fees was pending consideration with Admission and Fee Regulatory Committee - Enhancing of tuition fee on the representations made by private medical colleges was..........
