Criminal Procedure Code, 1973, Section 319 -- Additional accused - FIR lodged against of person as Head Cashier in Bank on allegations that he embezzled huge sum by misusing his position - Charge-sheet submitted and trial ensued in course thereof statement of prosecution witness including petitioners recorded - Court suo moto summoned petitioners u/s 319 Criminal Procedure..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Housing - Flats construction project - Investment made to the tune of full price of flat - Guaranteed returns promised for a period of five years and after five years buy back of the said flat assured - Construction of flats not started by OP and after sometime cheques of guaranteed amount started bouncing -..........
Motor Vehicles Act, 1988, Section 166, 170 -- Accident - Claim petition - Factum of accident not depicted in DDR - Not the sole factor for deciding claim petition - Tribunal being a civil court is to decide the case on the basis of evidence brought before it - Once evidence qua accident went unrebutted, merely because the factum of accident was not depicted in the DDR,..........
Custom -- Proof - Custom can be proved by oral evidence or written or both - If oral evidence remains unrebutted and inspires confidence, it can be used and a finding can be recorded on the basis of it that custom is proved...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Plaintiff filed suit challenging sale deed of ancestral property on the grounds that the parties were governed by custom and as per custom vendor had only a life estate and could not sell the property without legal necessity - Suit dismissed on the ground that there was no documentary evidence in support of the..........
Prevention of Corruption Act, 1988, Section 20(1) -- Presumption - Remained unrebutted - Unrebutted statutory presumption strengthens the truthfulness of the prosecution case...........
Medical negligence -- Burden of proof - Hairline fracture of the neck of the right femur - An averment in complaint that respondent who suffered a simple Garden Type 1 hairline fracture in the course of accident due to rough handling by the attendants at hospital developed into a complicated Garden III type fracture denied by other side - It cannot be said to be evidence..........
Consumer Protection Act, 1986, Section 2(1)(f) -- Defective goods - Inter - locking Nail - Fracture in bone in right thigh - Inter - locking Nail inserted by way of operation - Breaking down of the inter - locking - Nail after more than one year of the operation - Complainant discharged from hospital on 11.5.1997 with advice to attend OPD on 21.5.1997 but she failed to..........
Industrial Disputes Act, 1947, Section 33 -- C(2) - Back wages - Computation of - Management leading evidence that the workman was self employed in an Hospital since 2002 - The assertion of witness has gone unrebutted - Even in cross - examination, no suggestion to the contrary has been put to him - This showed that the workman was gainfully employed from 2002 onwards till..........
Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Recovery of Rs.1, 00/- in a trap - Phenolphthalein test proved positive of hand and pocket of accused - Defence version that tainted currency notes were forcibly thrusted in his pocket - No doubt trap witnesses are interested witness but their..........
