Evidence -- Affidavit of the complainant stating value of goods consigned at Rs. 20,82,902/- - The price of the consigned goods as per invoice and its value has not been controverted by the OP by any cogent evidence - Only there is simple denial - The value of goods is to be taken at Rs. 20,82,902/- as stated by complainant in his affidavit...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Link evidence - Affidavit of two police officials and report of chemical examiner tendered in evidence without affording an opportunity to accused to put questions to them with regard to the link evidence - These documents not put to accused in his examination under S.313 Cr.P.C. - Report of Chemical..........
Insurance claim -- Repudiation - On the ground that no theft took place in the insured photography shop as per report of investigator - Theft was reported immediately and there was no evidence on record to show that the report lodged was false or that claim preferred by the complainant was not genuine - As per the report of surveyor on record loss assessed at Rs.42,740/- -..........
Criminal Procedure Code, 1973, Section 340, Penal Code, 1860, Section 191,192,193, Industrial Disputes Act, 1947, Section 17B -- False affidavit - Tendered in Court - Plea of respondent that false averment, if any, was made not directly in a claim made by him under Section 17B of the ID Act but was made in response to respondent's plea in Civil Miscellaneous application..........
Medical Negligence -- Disease of Congenital Cataract - Operation was done on eye - Problem of updrawn pupil developed - Medical negligence was alleged - Evidence showing before operation there was no sight in the eye but after operation sight improved - Two doctors' opinion put forwarded by the complainant but these doctors did not file any affidavit in evidence that the..........
Civil Procedure Code, 1908, Order 18, Rule 4, 5 -- O.18.R.4 does not make any distinction between appealable and non appealable cases so far as mode of recording evidence is concerned - Such a difference is found only in Rule 5 and 13 of Order 18 - Rules 4 and 5 are required to be harmoniously construed - Both provisions are required to be given effect to, as Rule 5 cannot..........
Civil Procedure Code, 1908 -- (as amended by Amendment Act 2002) - Order 18 ,R. 4 and 5 - Examination-in-chief - Affidavit - Provision of Rule 4 of Order 18 C.P.C. providing for examination-in-chief in every case on affidavit made to curtail the time taken by the court in examining a witness in chief - It does not make any distinction between an appealable and non..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Link evidence - Recovery of contraband - Affidavit to prove link evidence - Persons who had sworn these affidavits not produced for cross examination - Affidavit also not put to accused when examined u/s 313 Cr.P.C. - Accused acquitted, inter alia, on this ground...........
Medical negligence -- Delivery of normal baby girl in the nursing home of OP 1 and complainant discharged at 7.30 p.m. - After about 2-1/2 hours at 10.00 p.m. husband of the petitioner rang up OP that uterus was coming out of vagina and he was panicky and afraid - OP1 asked him to bring the complainant to his nursing home but she was taken to Command Hospital where the..........
Medical negligence -- Appellant- OP did not file reply and affidavit specially denying the allegations of complainant and adopted the reply and evidence filed by the Director of the respondent Hospital and presumption of medical negligence drawn against him - Held that cases of medical negligence are to be handled with due care and caution - Any finding of medical..........
