Medical negligence -- Eye surgery - For cataract - Complainant operated upon thrice - The appellant has even not filed the affidavit of any doctor to show that on account of medical negligence on the part of the OP 1 her eye sight affected - The appellant did not produce any expert opinion to support her pleas and atleast medical literature is also not filed - The..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Charge u/s 7 r/w S.13(2) of the Act framed against Manager, Punjab Agricultural Development Bank - High Court holding that accused was not a public servant - Held, High Court has not analysed the factual position - Total share capital of the Bank was not known - No enquiry as to whether it was Govt. Company or not -..........
Criminal Procedure Code, 1973, Section 231, 311, Evidence Act, 1872, Section 145 -- Recall of a witness on the basis of subsequent affidavit - Not to be allowed as it will be in violation of the provision of S.145 Evidence Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Amount claimed in notice double the amount of cheque - However, in complaint cheque amount mentioned - Cheque amount shown in affidavit sworn by him as his evidence in examination-in-chief - Discrepancy of amount in notice does not disentitle the complainant to claim the amount of cheque...........
Consumer Protection Act, 1986, Section 2(1)(g) -- India Motor Tariff, GR 27 - Insurance claim - Non settlement of - No claim bonus - Declaration regarding - That it has not been received during 3 years - Nothing in the affidavit of Development Officer having appraised the respondent about the declaration required to be furnished by the complainant - Order of the District..........
Constitution of India, 1950, Article 226, 227, Criminal Procedure Code, 1973, Section 340, Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite u/s 24 of Hindu Marriage Act - Husband filed application u/s 340 Cr.P.C. for wife to be proceeded against u/s 340 Cr.P.C. for fabrication, contradiction or falsity of averments in the application - Specific instances..........
Family Courts Act, 1984, Section 15, 16 -- Evidence - Oral and formal - Recording of - Evidence of only formal character can be permitted to be given on affidavit - Substance of oral evidence alone has to be recorded - Oral evidence cannot be permitted to be given on affidavit...........
Indian Penal Code, 1860, Section 376, 366, Criminal Procedure Code, 1973, Section 235 -- Conviction u/ss 366 and 376 and accused sentenced to 7 years RI - High Court reduced the sentence to the period already undergone - Court should award proper sentence having regard to the nature of the offence and the manner in which it was committed - Father of victim filed an..........
Telephone bill -- Excessive and exorbitant - Print out of call details in seriatum pertaining to his telephone number as on record ample proof that calls made from his number - Telephone of the appellant provided with dynamic lock facility - The allegation of appellant by way of his affidavit cannot be accepted in the face of the fact that this document list call details..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 406, 498A -- Compromise - Offence u/ss 406, 498-A IPC - Compromise between parties - Affidavit to that effect filed - In view of compromise between parties complaint and all consequential proceedings arising therefrom quashed...........
