Indian Penal Code, 1860, Section 302, 34 -- Murder - Incident of brutal and heinous murder took place in afternoon in an open broad day light in a pre-planned and calculated manner by both accused person - Murder of deceased was committed for taking revenge due to village rivalry - Non-mentioning of names of assailants before doctor is not at all fatal and as such there..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 173 -- Completion of Investigation - Duty of Investigation Officer - Held, investigation in cognizable cases may lead investigating officer to conclusion that there is no sufficient evidence or reasonable ground of suspicion to proceed against accused and prompt investigating officer to conclude investigation as "not..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Hearing of - Held, first appeal is a valuable right of appellant and therein all questions of fact and law decided by trial court are open for re-consideration - In a case where High Court found trial court judgment is unsatisfactory and wanted to set aside judgment, High Court ought to have carefully examined facts..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Contract Act, 1872, Section 151 -- Bonded warehouse - Deficiency in service - Vis major - Defense as to - Compensation - Awaiting clearance from the Customs authorities imported machinery stored in bonded warehouse of the OP - CWC - The consignment in question was kept in open adjacent to a place where heavy rolls..........
Hire Purchase Act, 1972, Section 2(c) -- Hire purchase agreement - Loan agreement - Determination of - Held, hire-purchase agreement is one under which an owner hires goods to a hirer, giving hirer an option to purchase goods - On other hand, when a person borrows money and pays it to vendor, transaction between customer and lender will be a loan transaction, in a..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Objection petition - Decree alleged to be obtained by fraud - Objector was party to the suit and it was open for him to raise these pleas in the suit itself - Application filed only to delay the execution proceedings - Order rejecting application U.O.21.Rr.97, 101 CPC, upheld...........
Land Acquisition Act, 1894, Section 4,6 -- Land acquisition - If the value of small developed plots is the basis then appropriate deductions have to be made therefrom towards the area to be used for roads, drains and common facilities like park, open space etc. - Thereafter, further deduction will have to be made towards the cost of development, that is the cost of..........
Rent and Eviction -- Open land taken on rent - Change in the nature of land - Tenant is liable to eviction...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction - In a suit filed by appellants themselves they are admitting the fact that open land was given on rent and they have raised certain constructions and failed to prove permission by landlord regarding raising construction - Further, in earlier suit they themselves have admitted title of plaintiff/respondent..........
Medical negligence -- Fracture left femur - Alleged that due to severe infection the leg had to be amputated - Doctor clarified that the infection occurred leading to amputation of the leg because when there is a compound fracture with an open wound severe infection can occur from surroundings like atmosphere and dust - This is what happened in the instant case and proper..........
