Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Compensation - Finding of Medical Council of India is on record that while treatment was administered to patient, she did not receive timely treatment - In failing to provide medical treatment in accordance with medical guidelines, respondents failed to satisfy standard of reasonable care..........
Indian Penal Code, 1860, Section 53, 302 -- Death sentence - Socio economic factors must be taken into consideration while awarding sentence particularly ground realities relating to access to justice and remedies to justice that are not easily available to poor and needy...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Allegations prima facie demonstrate that wife was prima facie subjected to verbal abuse, physical abuse and economic abuse at the hands of petitioners soon after marriage, till date of her husband committed suicide but even thereafter - Wife and her relatives were not even allowed to..........
Protection of Women From Domestic Violence Act, 2005, Section 3 -- Domestic violence - Not only physical abuse or sexual abuse, but even economic abuse is covered within the term "Domestic Violence"...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20 -- Maintenance - Live-i, relationship - Applicant and respondent held themselves to world as husband and wife for a period of approximately 15 years - They shared common household - It was never the case of applicant that she was married to respondent/husband - There was economic exchange between them..........
Protection of Women From Domestic Violence Act, 2005, Section 3 -- Domestic violence - Economic abuse - Comes within ambit of domestic violence...........
Criminal Procedure Code, 1973, Section 41A -- Notice of appearance - Petitioner had at no time appeared in person before I.O/Economic Offences Wing (EWO) and sent response through an advocate - No reason as to why petitioner not appearing before EWO especially in terms of S.41-A Cr.P.C. - Petitioner directed to appear before I.O to join investigation...........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Presumption - Plaintiff failed to show that she possessed sufficient solvency at the relevant time to advance the amount to defendant under suit promissory note - Both attestors as well as scribe are inimical towards defendant, therefore, no safe credence could be attached to their testimony for accepting..........
Criminal Procedure Code, 1973, Section 202(1) -- Issuance of process - Where Magistrate issued process relying upon contents of compliant without considering police report, it is necessary for Magistrate to state reasons for disagreeing with investigation report filed by police and was further investigation by team of officers from economic offence branch - Having not..........
Constitution of India, 1950, Article 14, 226 -- Judicial review - Judicial review of a policy decision, especially an economic policy decision, shall have to be restricted to the presence of just and valid reasons eschewing arbitrariness, so as not to fall foul of Art.14 of Constitution - In the garb of judicial review, the Court will not examine the sufficiency or..........
