Criminal trial -- Beyond reasonable doubt - Doubts must be actual and substantial doubt as to the guilt of the accused persons arising from the evidence, or from the lack of it, as opposed to mere vague apprehensions - A reasonable doubt is not an imaginary, trivial or a merely possible doubt; but a fair doubt based upon reason and common sense - It must grow out of the..........
Medical service -- Persons engaged in the medical profession undertakes to bring to the exercise of its reasonable degree of care and skill - It is true that a doctor or a surgeon does not undertake that he will positively cure a patient nor does he undertake to use the highest possible degree of skill, as there may be persons more learned and skilled than himself, but he..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Provisional order as to payment of arrears of rent - Failure to pay - Subsequent variation in determination of fair rent by Appellate Authority - Another opportunity cannot be afforded to the tenant for depositing the rent enabling him to save his eviction as failure of tenant to comply with the provisional order..........
Punjab Regional and Town Planning and Development Act, 1995, Section 43 -- Plot allotment - Change in mode of allotment - Allotment of plot for a private nursing home - The mode of allotment by selection was changed to allotment by draw of lots - Held that the State Commission was absolutely justified in holding that it was just a method of allotment of government property..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Power to transfer a case to be invoked only sparingly - Allegations levelled by litigants need to be scrutinized with utmost care and circumspection - Transfer of a case on the mere asking of an apprehensive litigant will not only scandalize the Court but browbeating the Presiding Officer also and thereby..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - New plea, which is not covered in original written statement or an inconsistent plea, against the original written statement - Can be included in additional written statement - Such a defence cannot be described or labeled as prejudicial defence or vexatious or scandalous, as understood under..........
Criminal Procedure Code, 1973, Section 173, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Trap witness and another independent witness not supporting prosecution - CBI submitted closure report after six years investigation - Special Judge directed CBI to re-investigate - Order set aside as there was no allegation that investigation..........
Criminal trial -- Witness examined earlier when wants to change his stand - Court not to readily accede to such request - If the witness gives reasons for the earlier lapse, only then Court can consider the genuineness of the prayer in the context as to whether the party concerned had a fair opportunity to speak the truth earlier and in an appropriate case accept it...........
Criminal trial -- Witness - Intending to change his earlier testimony - Held, if a witness who deposed one way earlier comes before the appellate Court with a prayer that he is prepared to give evidence which is materially different from what he has given earlier at the trial with the reasons for the earlier lapse, Court can consider the genuineness of the prayer in the..........
Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 12(1)(b), 5 -- Increase in fair rent - Admissibility - Recovery of possession on bonafide need of demolishing existing building and erecting new building - S.5 of the Act permits revision of rent in cases of alterations, additions and improvement - Reconstruction also falls within meaning of..........
