Constitution of India, 1950, Article 136 -- Scope - Though powers of Apex Court under Art.136 of Constitution are very wide but in criminal appeals Court does not interfere with concurrent findings of fact save in exceptional circumstances...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency of service - Compensation - Violation of statutory duties of public authorities - 22 persons drowned in lake while riding boat on account of negligence in plying boat - Boat was overloaded and carrying more passengers - No life jackets were provided to victims - Primary liability of contractor stands established..........
Evidence Act, 1872, Section 32 -- Dying declaration - 95% burn injuries - Statement of deceased before Tehsildar clear and cogent - Concurrent findings of Courts below that dying declaration is reliable and inspires confidence - Held, there is no perversity in such findings...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent sentences - Offence u/s 379 IPC - Petitioner a habitual offender and convicted in several cases of similar nature and while in jail, committed another crime and did not try to reform himself and he once tried to escape from the custody but was successfully prevented by escort police officials - Accused was not..........
Indian Penal Code, 1860, Section 323, 452, 506, Criminal Procedure Code, 1973, Section 401 -- Offence u/ss 323, 452 & 506 IPC - Revision against acquittal - Where both the Courts below appreciated evidence in right perspective and recorded concurrent findings of fact that evidence of prosecution on record does not prove the charge and correctly acquitted the accused, such..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - There is no legal impediment in filing appeal against ex-parte decree after filing application for setting aside ex-parte decree - Though remedies are concurrent but their scope is entirely different - The two remedies provided against ex-parte decree are in respect of two different..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High court cannot be precluded from reversing the order and judgment of lower appellate court if there is perversity in decision due to mis-appreciation of evidence - Even if both trial court and lower appellate court have given concurrent findings, there is no absolute ban on High Court in second appeal to..........
Indian Penal Code, 1860, Section 304A -- Death due to negligence - Incident occurred due to burst of gas cylinder - Accused filled 6 kg and 200 gms of LPG in petromax gas cylinder, having capacity of 4 kg - Victim when ignited the cylinder in his dhaba, it burst, causing burn injuries to several persons including death of victim - Evidence on record proved that incident..........
Private Security Agencies (Regulation) Act, 2005 -- Maharashtra Private Security Guards (Regulation of Employment & Welfare) Act, 1981 - Repugnancy of State Act with Central Act - Question of repugnancy arises only in connection with subjects enumerated in Concurrent List (List -III), on which both Union and State Legislatures have concurrent powers to legislate on same..........
Medical Council of India Act, 1956 - - Principle of `res ipsa loquitur' - Applicability - Courts below have applied principle of res ipsa loquitur to cast burden of proving that there was no negligence on behalf of defendant - Thereafter, both Courts below has concurrently held defendant liable for negligence and failure to take due care of plaintiff who was an indoor..........
