Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 467, 468, 472, 120B, Essential Commodities Act, 1955, Section 13 -- Quashing of complaint - Cheating - Entire dispute is of a civil nature arising out of commercial transaction - No allegation that accused company was involved in any manner with transaction between A-2 and complainant -..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Cataract surgery - Permanent loss of vision in the right eye - Lapses in duty of care both pre-operative and post-operative standards for conducting traumatic cataract surgery - Expert evidence not controverted due to absence of cross examination and failure to bring on record any other contradictory expert..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption u/s 113-A of Evidence Act - Mere fact that deceased committed suicide within a period of seven years of marriage, presumption u/s 113-A of Evidence Act would not automatically apply - Presumption u/s 113-A of Evidence Act may be raised having regard to all other..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased committed suicide within 7 years of marriage - There was a demand of money by accused, as he wanted to start a ration shop - However, no evidence on record in the form of cruelty and harassment on the part of husband which would in ordinary circumstances drag wife to commit suicide as if she was left..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Ample opportunities were given to plaintiff to lead evidence for a period of more than two years - Advocate of plaintiffs has taken more than six opportunities to file evidence during said period, but did not file it - Plaintiffs with intention to delay the Court proceedings and not..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Ample opportunities were given to plaintiff to lead evidence for a period of more than two years - Advocate of plaintiffs has taken more than six opportunities to file evidence during said period, but did not file it - Plaintiffs with intention to delay the Court proceedings and not..........
Indian Penal Code, 1860, Section 301, 302, 307 -- Murder - When there is direct eye witness account which is found to be credible, omission to obtain ballistic report and non-examination of ballistic expert may not be fatal to prosecution case - However, if evidence tendered including that of eyewitnesses do not inspire confidence or suffer from glaring inconsistencies..........
Indian Penal Code, 1860, Section 301, 302, 307 -- Murder - Evidence tendered by eye witnesses suffered from serious lacunae - Their evidence cannot be said to be credible - There are glaring inconsistencies in the prosecution version which have been magnified by absence of testimony of material witnesses and ballistic report coupled with the non-recovery of weapon of crime..........
Evidence Act, 1872, Section 114 -- Adverse inference - Defendant contested the case but failed to enter the witness box or examine any witness and failed to send the document to hand writing expert to say that signature on document is not that of the defendant - An adverse inference has to be drawn against the defendant and the case put by him in the written statement to..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate Court - Suit for specific performance - Suit filed in the year 2006 and judgment passed in 2010 - Judgment sought to be marked is in respect of a partition suit filed in the year 2014 in between defendants and his family members who are claiming rights over property - Application dismissed as..........
