Indian Penal Code, 1860, Section 307 -- Conviction - Court not bound by opinion of expert witness - Court has to see the nature and dimensions of injury, its location and the damage that it has caused - Court has to apply its own mind and form its own opinion in this regard, even though expert/doctor may have opined that injury is dangerous to life - No evidence that..........
Constitution of India, 1950, Article 14,226 -- Recruitment - Cut off marks - Judicial review - Post of Gangman in railway - It is for the employer or the expert body to determine the cut-off marks - Court while exercising its power of judicial review would not ordinarily intermeddle therewith - Jurisdiction of court is limited - Cut off marks fixed will depend upon the..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Person of unsound mind - Appointment of guardian - The issue of unsoundness of mind is primarily between the Court and the party and not a lis between the parties - O.32.R.15 CPC casts a duty on the Court to hold an inquiry to reach a definite conclusion that allegations regarding unsoundness of mind of a person are well..........
Civil Procedure Code, 1908, Order 32,, Rule 15 -- Suit for or against a person of unsound mind - Appointment of Guardian - Procedure to be adopted - Were a person to be declared of unsound mind, he/she should be examined by the Court either in open Court or in the chamber - In case need be the advice of medical expert should be taken...........
Indian Penal Code, 1860, Section 302 -- Murder - Testimonies of two eye witnesses believed - Question as to whether the bloodstains collected from the place of occurrence by IO had been sent to the Forensic Expert for chemical examination or not and whether knife was recovered or not pales into insignificance - Conviction upheld...........
Medical negligence -- Compensation - Affidavit of two experts- doctors verbatim productions and there is no variations including coma, full stop - It gives room for arriving at a conclusion that these might have been drafted by the lawyer or by some interested person and the doctors might have blindly appended their signatures without any application of their mind - They..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Every request to forward cheque to expert need not be blindly granted...........
Medical negligence -- Treatment of fracture of left leg of mother of the complainant aged 85 years - The discharge summary clearly stated that there is no bleeding, the word bed - sores find no mention - If on subsequent dates bed - sores had developed at home the OPs cannot be held liable and case of medical negligence cannot be fastened against them - The onus lies on..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Seeds Act, 1966, Section 5 -- Seeds - Hybrid Cotton Seed variety CAHH-468 - Expert report - The seed material was drawn from the unsold stock of seed of this particular variety and procured from the producers as also from the District Seed Certification Officer - Field test found the dealer and the State Seed..........
Evidence Act, 1872, Section 45 -- Expert opinion - Building expert - Visited the spot without giving notice to tenant - However, tenant present at the time when he visited spot - Not a ground to discard report of expert...........
