Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 396, 412 -- Second bail application - On parity basis - Dacoity with murder - Incident is very serious as four persons have been done to death and injured was seriously injured - Merely because co-accused has obtained bail by concealment of correct facts, parity of such order cannot be..........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Rashness and negligence must be proved by cogent evidence and cannot be presumed merely from occurrence of an accident...........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Identity of driver of offending vehicle not proved by prosecution - No RC of jeep was produced to link ownership or possession to accused - Omission of TIP, doubtful credibility of eye witnesses, implausibility of escape theory and that too without accused sustaining any injury in a serious..........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu male dying intestate - Cause of action in favour of son would arise only upon father's death intestate, when succession actually opens u/s 8 of the Act - So long as father is alive, son cannot claim any right in his father's property, since S.8 of the Act excludes concept of survivorship or birth right in the case..........
Indian Penal Code, 1860, Section 302, 148, 34 -- Murder - Important witnesses have been declared hostile - I.O. not examined - Failure to examine I.O. also means that place of occurrence has not been duly established - Doctor has not been examined and post-mortem report has not been brought on record - Cause of death therefore, remains unproved - Prosecution case suffers..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner was served with summons in the suit and he had made appearance through his counsel in 2016 - Thereafter, there is failure to file written statement and petitioner was set ex parte - Petitioner had an opportunity to file written statement after receiving summons in suit..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Death of mother and her new born child after delivery - Medical evidence on record and opinion expressed by doctors and experts who consulted medical Boards/Committees, clearly tilted the balance in favour of doctor, as none of them found any medical negligence on her part - Moreover, these medical bodies..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injuries suffered in accident were not very serious - Non-healing ulcer could have been for various causes, especially when victim was known to be a diabetic, which necessitated skin grafting procedure - Procedure also was carried out successfully but in the aftermath of surgery, patient succumbed to death - Merely by..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal against conviction - Murder - Specific allegations against appellant to the effect that he had kept women & others captive, but there are certainly some debatable issues particularly regarding cause of death being homicidal or not - Even eye-witness, who are relatives of deceased..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Blows delivered on head of deceased though with knowledge that it is likely to cause death, accused cannot be imputed with an intention to cause death or to cause a bodily injury likely to cause death - Bamboo lathi though seized, there is no reference to any blood stains having been found on..........
