Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C. cannot be exercised at a pre-trial stage, as to bring in another accused - There must be some evidence and for some evidence the trial must commence...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Manufacturing and storing of spurious liquor - Husband is already an accused - Wife cannot be made co-accused merely because wife was staying with husband, particularly when there is not even an allegation that wife had indulged in the activities of manufacturing and storing of spurious liquor..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Enhancement of compensation - Endoscopic Polypectomy procedure performed on the deceased patient was successful - It was after the procedure that patient suffered cardiac arrest, which led her shifting to other hospital and subsequently to another, where she eventually died - Doctors were negligent in not..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Where accused is abroad at the time of making an application for pre-arrest bail u/s 482(1) BNSS, said material fact has to be disclosed in such an application, failing which it would amount to suppression of material facts from the notice of Court, as said material fact possesses the potential to..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Injuries sustained by deceased were proved to be caused by appellants - Possibility of offence being committed by appellants without pre-meditation in a sudden fight in the heat of passion upon a sudden quarrel cannot be ruled out - There is nothing on record to show that appellants have taken undue..........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 30, 24 -- Power to search and seize records - Offence u/s 23 of the Act - Condition precedent for the search of a clinic is that Appropriate Authority must have reason to believe that an offence under the Act has been or is being committed - In the instant case, there is no..........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132 -- Summoning of additional accused who deposed as PW - Appellant has been summoned as an additional accused u/s 319 Cr.P.C. not only on the basis of his pre-summoning statement but on the basis of the statement of PW1 - There is prima facie material for exercise of power u/s 319 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Law as to: (i) Accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence - Once he is arrested, only remedy available to him is to apply for regular bail either u/s 437 or S.439 Cr.P.C, as the case may be; (ii) There is no express or..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Unless the pre-existing and irreversible mental condition of wife had been proven and unless by its very nature that condition was such as to give the husband a reason to seek dissolution of his marriage u/s 13(1)(iii) of the Act, the fact thus proven remained extraneous to the grounds..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minors - Suit for possession by way of pre-emption - Minors were impleaded through their real brother/defendant No.1, who was major at the time of filing of suit - Defendant No.1 was the most natural choice to be guardian of minors, being in blood relation, his interest was also similar to that of other..........
