Civil Procedure Code, 1908, Section 92 -- Public trust - Hospital - Trust run as a private family Trust by ignoring object of trust - Plaintiff prayed for framing of a proper scheme of administration and for appointing trustees from medical profession - If in respect of a trust which had set up a hospital, a request is made for framing of a proper scope of administration..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Failure to appear due to illness - Medical certificate in support thereof cannot be discarded altogether merely on the ground that doctor issuing the certificate did not advise complete bed rest - Ex parte decree set aside...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Testimony of eye-witnesses though closely related, but found to be natural - Prosecution witnesses who were returning from another village saw incident are natural witnesses - Ocular evidence of prosecution witnesses duly corroborated by medical evidence - Conviction of accused proper...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(g) -- Delay in lodging FIR - Gang rape - FIR lodged after delay of 14 days - Incident was narrated to police and panchayat members - However, none of said functionaries considered it necessary to forthwith set law into motion - Only medical officers noted incident of gang rape in hospital..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Accused and deceased were staying inside the room and on the night of occurrence, brother of accused saw accused dealing axe blows - Plea of absence of light in the room is discarded where the eye witness is brother of accused and accused failed to explain as to what happened inside the room where both of..........
Criminal trial -- Eye witnesses - Evidence of eye witnesses tainted with enmity and not getting corroboration from medical evidence - It is unsafe to attach credibility to so-called eye witnesses...........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/s 4 of PMLA - Accused being debenture trustees of company was responsible for acts and affairs of company - He planned and designed illegal schemes to mobilize deposits from innocent investors including deposits under scheme of issue of debenture with false..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused was known to prosecutrix and consequently latter could not have suspected his evil intention when he initially entered the house - Suddenly, accused caught her and gagged her mouth and raped her - Thereafter, accused threatened prosecutrix by saying that he kept secret machine in the room and would kill her and her..........
Service -- Medical Reimbursement - Petitioner should apply to nearest office from where he had taken treatment, in itself, is not sufficient to deny reimbursement - Policy or decision is a facility granted to retired employees, who are residing at different places or have decided to reside with their children who reside elsewhere but that does not mean that a retired..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Penetrative sexual assault - Dates of incident of penetrative sexual assault as mentioned by prosecutrix `A' in her deposition and her statement recorded u/s 164 Cr.P.C are contradictory - Parents of both the prosecutrixes had declined internal medical examination of prosecutrixes - I.O admitted that hymen..........
