Medical negligence -- Ultrasound - Sonography evaluation - Non detection accurately of the limb reduction deformity of a child that was in the womb of the respondent - complainant at the relevant time while conducting ultrasound - The respondent - complainant had not led any expert evidence to controvert the case of the centre that the doctor who conducted the ultrasound..........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Execution - Attachment and sale of property - Highest bidder deposited 25% of the auction amount at the time of bid, but failed to deposit the balance 75% within stipulated period of 15 days as envisaged U.O.21.R.85 CPC - Application of purchaser for condonation of delay and for permission to deposit remaining 75% of auction..........
Minor contradictions -- Witnesses examined in Court after a considerable lapse of time - It is neither unnatural nor unexpected that there could be some minor variations in the statement of the prosecution witnesses...........
Indian Penal Code, 1860, Section 304B -- Omission to mention in FIR some of the items given at the time of marriage - FIR lodged by father of the deceased - Father can hardly be blamed for not lodging an elaborate and specific complaint at that time, as it was a tragic moment for him being the period immediately after the death of his daughter - That time was of pain and..........
Indian Penal Code, 1860, Section 304B -- Dowry death within two years of marriage - Expression `soon before her death' has to be given its due meaning - Legislature has not specified any time - Reasonable time depends upon facts of each case, the conduct of the parties and the impact of cruelty and harassment inflicted upon the deceased in relation to demand of dowry to..........
Evidence Act, 1872, Section 3 -- Witness - Appreciation of evidence - Witnesses examined after some time - Minor discrepancies are bound to occur - It is only the material or serious contradictions/variations which can be of some consequence to create a dent in the case of the prosecution...........
Dowry Prohibition Act, 1961, Section 2, 4, Indian Penal Code, 1860, Section 304B -- Dowry - Meaning - Not restricted to agreement or demand for payment of dowry before and at the time of marriage but even include subsequent demands - Where husband demands a specific sum from father-in-law and on demand being not met harasses and tortures the wife and wife dies after some..........
Dowry Prohibition Act, 1961, Section 2, 4, Indian Penal Code, 1860, Section 304B -- Dowry - Should be of any property or valuable given or agreed to be given in connection with the marriage - The customary payment in connection with birth of a child or other ceremonies are not covered within the ambit of word `dowry' - Furnishing of a list of ornaments and other household..........
Constitution of India, 1950, Article 14, 136 -- Pay scale - Revision of pay scale - Withdrawal of pay scale - Tower Wagon Driver (TWD) in Eastern Railways - New plea - Special Leave Petition - Pay scale held to be a legitimate right of an employee - Except for valid and proper reasons it cannot be varied, that only in accordance with law - In the case of respondent none of..........
Will -- Life interest created in two sisters who were to enjoy property jointly during their life time without creating any encumbrance - After their death, their male heirs were to get absolute rights - Male heirs of two sisters could alienate their respective shares to other sharers on prevailing market value and not to strangers - `Other sharers' when interpreted..........
