Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Compensation - There is ample evidences as well as records to indicate that there was indeed medical negligence on the part of Hospital and doctor/respondent No.2 - Deceased was 27 years of age at the time of his death - He was a B.Tech graduate and was working in a soap factory - NCDRC..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307 -- Framing of charge - Offence u/s 307 IPC - At the time of framing of charge, Court has to see whether the act, irrespective of its result was done with intention or knowledge and under the circumstances mentioned in S.307 IPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Extended from time to time - Revisional Court stayed all further proceedings of the suit till disposal of revisional application - Stay order cannot be construed to debar trial Court from taking up interlocutory applications as well - Trial Court directed to dispose of injunction application as..........
Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Kidnapping and rape - Age of prosecutrix - No cogent and satisfactory evidence has been led by prosecution to prove exact age of prosecutrix - In the absence of any cogent and satisfactory evidence on record, it cannot be said that prosecutrix was minor at the time of alleged incident...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties living separately for a period of more than one year prior to their joint petition - In the time of separation they mutually agreed to petition for divorce by mutual consent - There are categorical statements of no physical relation since the year 2013 and separate living since Jan 2022 - Parties..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration of title and permanent injunction - Limitation starts from date of knowledge - Time starts when defendant has filed objection before Tehsildar for amendment of record on 10.07.2010 - Plaintiff who is in possession of said land, filed suit for declaration and permanent injunction on 9.10.2013 is not..........
Muslim Law -- Gift - Registration - A valid gift could be made by oral statements as long as three requirements are met - Even if a gift is reduced in writing or a declaration of an oral gift, made earlier in point of time, is reduced in writing, it is valid even without registration...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is aged about 44 years working as Panchayat teacher earning Rs.45,857 p.m including all allowances - He has ancestral property measuring 2 katha of undivided land - Wife is residing with her parents and she runs home tuitions - One time lump sum amount of Rs.15 lacs is reasonable, just, balance and fair..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of revision - Hearing of matter would likely take a long time - Appellant remained on bail during entire course of trial and appeal and he did not misuse liberty so granted to him - Sentence awarded to appellant suspended..........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Reduction of sentence - Petitioners have undergone 77 days of incarceration on 5 different cells, either as remand prisoners or convict prisoners - Offence was committed in the year 2006 and nearly 19 years have passed by - Petitioners have been facing mental agony due to time elapsed since the theft and..........
