Indian Penal Code, 1860, Section 498A, 406, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.498-A, 406, 506, 34 IPC and 3, 4 DPA - Quashing of proceedings - Delayed FIR lodged without providing any satisfactory explanation - Complainant gave inconsistent versions in written complaint and in statement recorded..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 77, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 77 JJ Act - Quashing of proceedings - Neither allegations related to S.77 JJ Act is corroborated by medical or psychological evidence nor allegation is sufficient according to written complaint and statement u/Ss. 161 and 164 Cr.P.C -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- Suspension of sentence during pendency of appeal - Murder case - Specific allegations against appellant to the effect that he had kept women captive, but there are certainly some debatable issues particularly as regards medical evidence on record - Appellant as on date is aged about 74 years and has undergone..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Future medical expenses - Claimant was aged about 21 years at the time of accident - If amount of future medical expenses is restricted only for a further duration of 25 years, it would meet such expenses till claimant attains the age of 46 years - Amount granted towards future medical expenses..........
Evidence Act, 1872, Section 45 -- Expert opinion - Opinion of an expert including a medical board, is not binding on Court, but is merely advisory in nature - While expert opinions are relevant and may assist Court but Court retains responsibility of framing its independent judgment based on evidence available on record...........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Determination of age of victim - When there is documentary evidence available on record, medical opinion with regard to age of victim becomes irrelevant...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Medical ground - Medical report on record does not indicate an immediate life-threatening condition or incapacity to be treated within jail premises - Bail declined...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Minor child - Permanent functional disability - Determination of - Appellant sustained grievous and life-altering injuries on head and left leg resulting in a brain haemorrhage and amputation of left lower limb - Upon examination of disability certificate and other medical documents, as also considering nature, extent and..........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and S.6 POCSO - Bail - Accused aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Limitation Act, 1963, Section 5, Commercial Courts Act, 2015, Section 13(1A) -- Condonation of delay - Delay of 154 days in filing appeal - Plea of physical ailments of proprietor duly supported by medical evidence, factum of passing of order impugned coming into light by way of inquiry conducted by a subsequently engaged counsel, coupled with a very significant aspect..........
