Indian Penal Code, 1860, Section 304B -- Dowry death - Suicide by pouring kerosene oil - Evidence of house owner and neighbours showed that husband and wife were living happily - No evidence of ill-treatment - Conviction set aside...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Basic ingredients of the provision of S.304-B IPC are : (1) That the death of the woman was caused by any burns or bodily injury or in some circumstances which were not normal; (2) such death occurs within 7 years from the date of her marriage; (3) that the victim was subjected to cruelty or harassment by her husband..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Soon before her death - Meaning - Would normally imply that the interval should not be much between the concerned cruelty or harassment and the death in question - There must be existence of a proximate and live link between the effect of cruelty based on dowry demand and the concerned..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Death of a child - Conviction u/s 304-A and 279 IPC - Benefit of probation - Benefit of benevolent provision of S.4 of Probation of Offenders Act is not available to a convict u/s 304-A IPC...........
Indian Penal Code, 1860, Section 304A -- Scope - For applicability of the provision of S.304-A IPC there should be neither intention nor knowledge to cause death - When any of these two elements is found to be present, S.304-A has no application...........
Indian Penal Code, 1860, Section 304A -- Scope - Provision relates to death caused by negligence - Provision applies when there is no intention to cause death and no knowledge that the act done in all probability will cause death - The provision relates to offences outside the range of Ss.299 and 300 IPC - It applies only to such acts which are rash and negligent and are..........
Medical negligence -- Compensation - Coronary Artery By - pass Grafting - Post - operative care - Shifted from intensive care unit to a room where the construction work had not been completed and the room was not in a fit condition to accommodate a patient who was subjected to major surgery - Death of the patient due to septicaemia - Findings of the District Forum that..........
Medical negligence -- Prostrate surgery - Patient 85 years old - Death of the patient - Main controversy TURP vs. Trans - vesicle method - TURP method of surgery opted but due to complications Trans - vesicle method adopted - It has to be considered in the backdrop of professional choice available to an operating Surgeon and in that process even the best option may turn..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Death of complainant - An application filed to bring on record L.R's - Application not pressed despite numerous hearings - None represented the complainant on 14 dates - Accused attended Court for not less than 20 occasions after the death of the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Accidental death - Drowning in swimming pool - While taking bath - Held to be covered within the meaning of an accident policy - Repudiation of claim held to be totally unjustified - The Insurance Company directed to reimburse the complainant the sum assured...........
