Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Evidence of father and wife of deceased who are natural witnesses of scene of offence is reliable - Post mortem report of deceased fully corroborated the ocular testimony of these PWs - Incident occurred just outside the house of deceased - One chappal of accused was recovered from the spot -..........
Medical Council of India Act, 1956 -- Consent given for laparoscopy surgery of Gall Bladder - Doctor while performing laparoscopy found some inflammation, adhesion and swelling on Gall Bladder - He came out of operation theater and informed husband of patient about condition of gall gladder and sought his consent to do conventional surgery - It is a natural conduct and..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of 10 hours in registration of FIR - Dead body of deceased recovered at about 9-9.30 a.m. - Body was naked - Identity of deceased was not known - It was not even known whether death was natural, accidental or homicidal - In these circumstances, registration of FIR cannot be said to be belated and registration of FIR..........
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Offence u/ss 323, 504 IPC and Ss.3(1)(r), 3(1)(s) of SC/ST Act - Real dispute between parties is of civil and private in nature and criminal prosecution..........
Service -- Dismissal - Misconduct - Domestic inquiry proceedings - Appellant while on duty was found consuming liquor and on the same day respondent Bank also found shortage of Rs.35,000 - Appellant was given full opportunity at every stage of proceedings which he availed - He never raised any objection complaining prejudice of any nature to him before Enquiry Officer -..........
Guardians and Wards Act, 1890, Section 9 -- Custody of minor child - Place of residence of natural guardian does not determines jurisdiction of Court u/s 9(1) of the Act...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging FIR - Incident occurred in mid night at 11.30 P.M - FIR lodged at 4.15 A.M - Distance between place of occurrence and police station 4 kms - Delay occurred in lodging FIR is natural one, as it is not expected that family members in such a situation in the night hours would go immediately to police station..........
Indian Penal Code, 1860, Section 302 -- Murder - Death of deceased occurred due to ante mortem injuries found on his body - Presence of witnesses at the place of occurrence is most natural, as they are neighbours - Prosecution proved the date, time and place of occurrence beyond reasonable doubt - PWs saw accused along with his companion at place of occurrence in light of..........
Contempt of Courts Act, 1971, Section 12 -- Criminal contempt - Non-compliance of principles of natural justice - Punishment imposed solely on the basis of reference made by District Judge and affidavit in response - High Court ought to have conducted an inquiry - Having not been done so, principles of natural justice not been complied with fully - Since, appellant had..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Offence u/ss 302, 120B IPC - No exceptional circumstances made out to decline bail to juvenile as indicated u/s 12 of the Act - Hence, bail granted - However, juvenile is directed to furnish personal bond by his natural guardian (father) of Rs.40,000/- alongwith surety of like..........
