Indian Penal Code, 1860, Section 304A -- Medical negligence - Expression "rash or negligent act" as occurring in S.304-A IPC has to be read as qualified by the word "grossly" - In the instant case negligence on the part of appellant not "gross', hence acquitted...........
Agreement to sell -- Specific performance - Time essence of contract - General principle applicable to determine, whether time is essence of contract or not, one has to read entire agreement/contract between the parties to find out whether, therein time is the essence or not, with reference to performance of contract, as a whole, or, with reference to a particular term or..........
Will -- Suspicious circumstances - Testator knew how to sign and read newspaper - Will in question bears thumb impression - He died within 8 days of execution of Will in house of one of the beneficiary - No share was given to daughter - No mention of wife of testator in Will - Held, all such circumstances create a suspicion that Will is not a genuine and valid document -..........
Cross Case -- Procedure to be adopted - Cross versions/cross cases have to be tried by same Court one after another - Judgment be also pronounced simultaneously - But evidence of one case cannot be read into another...........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 326(3), 264 -- Dishonour of cheque - Complaint - Re-trial - Affidavit of complainant - Held, S.326 Cr.P.C. applies to evidence which is `heard and recorded' by Court - Affidavit of complainant which is read into evidence in trial of offence in terms of legal fiction created by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Telegram sent to Governor - Certified copy of telegram and receipt cannot be read in evidence when sender of the telegram is not examined as a witness...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(k), 7A, 20, 49, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12, 98 -- Juvenile - Convicted and sentenced to life imprisonment - Age of appellant on the date of commission of offence was 17 years, 11 months and 5 days which was less than 18 years - Appellant has to be treated as..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Detention order - Challenge to - Held, proposed detenue entitled to challenge detention order at pre-execution stage - He is also entitled to do so after several years had elapsed after passing of detention order on grounds other than five grounds enumerated in Alka Subhash..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Genuineness and legality - Application for compromise duly signed by parties and their respective counsel - Civil Judge, after being satisfied with genuineness and legality of settlement, passed an order recording compromise - Contents of compromise containing terms of settlement were read over before..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded in language other than that known to deceased - Not mentioned in the dying declaration that it was read over in language known to deceased and that deceased understood the contents thereof - Doubt is created as to truthfulness of the contents of dying declaration...........
