Indian Penal Code, 1860, Section 302, 149 -- Murder - Non-examination of first informant/chowkidar - Defence not elicited either the number and time of station diary entry nor time when chowkidar allegedly gave information whose substance was entered in some station diary entry - Name of chowkidar even not elicited - In such situation it was not possible to examine..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Deceased was 60 years of age at the time of incident and annual income of deceased was 5 lakhs p.a. - Since incident occurred in the year 1996 and litigation is going in for twenty years, total amount of Rs.50 lakhs as compensation with 9% interest was justified, out of which 10 lakhs..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Deceased was 60 years of age at the time of incident and annual income of deceased was 5 lakhs p.a. - Since incident occurred in the year 1996 and litigation is going in for twenty years, total amount of Rs.50 lakhs as compensation with 9% interest was justified, out of which 10 lakhs..........
Criminal Procedure Code, 1973, Section 340, 482 -- Wrong statement by wife regarding income in a dispute between husband and wife - In such a dispute parties are at liberty to take false and wrong pleas - Trial Court is not entitled to feel aggravated and to direct filing of complaint through registry against the litigant that does not serve the purpose except the wasting..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17, 42 -- Recovery of 2.900 kg opium - Accused acquitted : (i) Sample deposited in the office of S.P. on the next day it was received - Explanation given that it was a Sunday - However, it was Tuesday - There was no reason to tell a lie in case there was no malafide; (ii) Sample was 30 gms. at the time of..........
Criminal Procedure Code, 1973, Section 154 -- Two FIRs - Murder case - PW1 went to police station immediately after the incident - At that time deceased was missing - Police officer after noting down the statement of PW1, sent a police team to place of occurrence to trace the deceased - Recording of said statement cannot be equated with FIR - Evidence on record revealed..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 34 -- FIR - Murder case - FIR recorded in a continuous manner without leaving any possibility of insertion - Contention that FIR was written at police station in consultation with police and deliberate gaps were left in FIR with a motive to fill the same at a later point of time, rejected,..........
Rent and eviction -- Time for vacating premises - Due sanctity ought to be granted to broad consensus arrived at between parties - Tenant directed to vacate premises within two years from filing of undertaking before Rent Tribunal - Direction issued...........
Prevention of Corruption Act, 1947, Section 4, 5(1)(d) -- Illegal gratification - It is evident that there is no evidence of demand except statement of complainant who is the interested witness - Nobody has heard conversation between accused and complainant at the time when money was given to accused - Hence, there is no confirmation that said amount was towards bribe as..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Limitation is mixed question of fact and law - Said question is to be decided by Court only at time of trial - Plaint cannot be rejected on ground that it is barred by limitation...........
