Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 13, 14(1)(d) -- Housing construction - Commercial building - Deficiency in service - Expert report - Compensation - The expert engineer appointed by the State Commission submitted expert report C1 which showed the OPs failed to complete the construction of the commercial building as agreed by them - The Expert..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of Cheque - Additional evidence at appellate stage - Accused in appeal wanted to get his alleged signatures on the Cheque compared with his specimen signatures, though he had sufficient opportunity for the same during trial - Accused himself admitted that he issued..........
Civil Procedure Code, 1908, Order 26, Rule 10A(1) -- Handwriting expert - Comparison of signatures - Application for - Defendant No.1 was proceeded ex parte - Defendant No. 4 sought examination of signatures of defendant No.1 through handwriting expert - Trial Judge rejected application on the grounds viz. want of facility for examining documents by handwriting experts in..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Death of a patient after delivery due to excessive bleeding from the private part - Inspite of immediate treatment bleeding could not be stopped - Opinion of independent medical expert showed that accused doctor was well qualified and duly trained in handling delivery cases - Medicines administered and line of..........
Evidence Act, 1872, Section 45, Indian Penal Code, 1860, Section 302, 376 -- Expert witness - Rape and murder - DNA of the semen stains on the swabs and slides and the underwear of the deceased and the blood samples of the accused from single source and the source was accused - Trial court gave adverse findings on the accuracy of DNA test by referring to large number of..........
Medical negligence -- Expert evidence - Surgery - Operation of hysterectomy - Plea that negligence in the hysterectomy arrived by the State Commission is not based on any expert medical opinion hence the State Commission ought to have left out the complicated medical facts to be proved by expert evidence rather than presuming facts with no reasonable and acceptable..........
Medical evidence -- Expert evidence - Burden of proof - On complainant - Cholecystectomy surgery - Death of wife of the complainant after 13 months - Burden to prove that Cholecystectomy performed by the OP No. 2 negligently which led to death on complainant - Two reports of Doctor exonerate the OP No.2 while report of another doctor holds the OP No.2 to be guilty of..........
Medical evidence -- Expert evidence - Burden of proof - On complainant - Cholecystectomy surgery - Death of wife of the complainant after 13 months - Burden to prove that Cholecystectomy performed by the OP No. 2 negligently which led to death on complainant - Two reports of Doctor exonerate the OP No.2 while report of another doctor holds the OP No.2 to be guilty of..........
Medical negligence -- Surgery - Hysterectomy operation - Vaginal and lung infection - The medical consultant in his affidavit has opined that neither the vaginal or lung infection was the result of hysterectomy and the latter infection was perhaps caused because the Petitioner had round worm infestation - There is independent evidence by medical expert to corroborate the..........
Evidence Act, 1872, Section 45 -- Expert evidence - Opinion rendered by handwriting expert- Reasons supporting opinion not placed and proved on record - Held, report of handwriting expert losses importance and cannot be made basis to record conviction...........
