Criminal Procedure Code, 1973, Section 248(2) -- Quantum of sentence - Illustrative factors are : (a) Motive or previous enmity; (b) Whether the incident had taken place on the spur of the moment; (c) The intention/knowledge of the accused while inflicting the blow or injury; (d) Whether the death ensued instantaneously or the victim died after several days; (e) The..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - FIR not containing name of appellant - No overt act attributed to appellant in FIR - Even presence of appellant not mentioned in FIR - Appellant was shown to be armed with lathi but injuries sustained by deceased were incised wound, thus a material discrepancy in the ocular version and the medical evidence - Accused..........
Medical negligence -- Compensation - Eye surgery - Cataract in Eye - No allegation that the OP doctor has intentionally against the will of the petitioner/complainant conducted the cataract operation to cause any loss or injury to the complainant - Just because the complainant has not favourably responded to the treatment because of some other complication, it would be..........
Protection of Women from Domestic Violence Act, 2005, Section 13, 15 -- Wife assaulted by the husband and admitted in the hospital on 08.10.2006 - Husband refused to bear medical expenses - Petition of wife dismissed on the ground that Act of 2005 came into force on 26.10.2006 whereas incident of assault took place on 08.10.2006 - Held, set aside - Cruelty, torture and..........
Civil Procedure Code, 1908, Section 151 -Hindu Marriage Acr, 1955 - Matrimonial proceedings - Medical Examination - Court can allow medical examination of a party to satisfy itself as to whether a party before it suffers from mental illness or not in exercise of its power u/s 151 CPC in absence of any such provision in any of the statutes...........
Civil Procedure Code, 1908, Section 151 -- Matrimonial proceedings - Medical Examination - Court can allow medical examination of a party to satisfy itself as to whether a party before it suffers from mental illness or not in exercise of its power u/s 151 CPC in absence of any such provision in any of the statutes...........
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 420, 463, 468, 471 -- Case registered against an MLA, on the allegation that he misappropriated funds to the tune of Rs.4.23 lacs by fabricating medical re-imbursement bills - Application for withdrawal of case made by public prosecutor on the direction of the govt. - Held, State did not act in..........
Motor Vehicles Act, 1988, Section 163 -- Accident - Compensation - Appeal - Rejection of compensation claim for personal injuries of appellants - No reason stated by High Court as to why claim of appellants towards expenses for obtaining medical treatment had been rejected - Matter remitted for fresh consideration...........
Indian Penal Code, 1860, Section 498A, 313 -- Cruelty - Ill treatment of pregnant wife - Wife administered medicines which according to medical experts were dangerous - Wife compelled to undergo abortion - It is cruelty - Charge u/ss 498-A, 313 IPC rightly framed...........
Indian Penal Code, 1860, Section 326 -- Petitioner assaulted his wife on her left elbow with tangia - PW3 and PW4 allegedly chased the petitioner and apprehended him in the Gali and brought him to the police station tied by a rope - Evidence of wife to the effect that after the occurrence inside her house, none of her relatives had gone out of the house - Medical evidence..........
