Consumer Protection Act, 1986, Section 12 -- School trip - Negligence of school teachers - Child aged 14 years became bed ridden affecting her memory and speech with no prospects of recovery - Reduction of compensation - Child was taken ill during tour by viral fever - Doctors opined that if child had been given timely medical aid and attention, she could easily have been..........
Consumer Protection Act, 1986, Section 12 -- Loan agreement - Pre-closure charges - Bank, the beneficiary of pre-closure clause had already scaled down levy of premium to 1% instead of 2% - Once a loan agreement signed between parties, a concluded contract came into being incorporating pre-payment charges and agreement would bind the parties - Pre-payment charges thus,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - For convicting an accused recovery of weapon used in commission of offence is not a sine quo non...........
Criminal Procedure Code, 1973, Section 110(G), 111, 482 -- Notice u/ss 110(G), 111 Cr.P.C - Quashing of notice - Notice contains a bare recital that there is apprehension of commission of cognizable offence - Notice does not contain full substance of information given by concerned police officer - Magistrate has not acted judiciously while issuing impugned notices - Even,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Bail - Kidnapping and rape - Accused committing penetrative offence against a 16 years old minor child - Statement..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two oral dying declarations - Murder - Deceased in his first dying declaration stated nobody's name and number of persons who were involved in commission of crime is stated to be two - Whereas, in second dying declaration, name of accused was taken with three more unknown persons - There is thus,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Condoning acts of cruelty - In case matrimonial offence is repeated even after an act of condonation on the part of the spouse, it gets revived on the commission of subsequent acts resulting in matrimonial disharmony - Past acts of cruelty even after condonation are grounds to seek divorce if revived by..........
Protection to life and liberty -- Live-in-relationship - Live-in-relationship is not prohibited in law nor does it amount to commission of any offence - Such persons are entitled to equal protection of laws - Respondent No.2 directed to consider the representation of petitioners and to provide appropriate protection, if found necessary...........
Adverse remarks -- Expunging of - Oral remarks made by High Court against Election Commission (EC) are not a part of official judicial record - Question of expunging them does not arise...........
Adverse remarks -- Expunging of remarks and restraining Media from reporting Court proceedings - Oral remarks made by High Court against Election Commission (EC) - Art.19(1)(g) of Constitution guarantees Media freedom to inform, to distill and convey information and to express ideas and opinions of public interest subject to regulatory provisions - Freedom of speech and..........
