Custody of child -- Claimed by father - Child is a citizen of USA and travelled to India with his mother for surgery with consent of father - Child underwent a surgery and remained in India for two and a half years - Father contended that mother detained the minor in her illegal custody in India and has violated the international travel consent by not allowing minor to..........
Evidence Act, 1872, Section 3 -- Ocular evidence and medical evidence - Ocular evidence can be disbelieved only when medical evidence rules out all possibilities of ocular evidence being true...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Evidence of PW1 - PW1 was present on the spot and witnessed his brother/accused escaping from scene of occurrence - Evidence of PW1 appears to be very natural and same has been corroborated with evidence of his children/PWs 3 to PW5 - PW1 and PWs 3 to 5 vividly indicate the specific parts of..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred admittedly during night time - It is the deceased who went nearer and accused were not stationing themselves waiting for his arrival - Eye witness/PW6 improved his case on many occasions - Testimony given by PW6 on dying declaration, a case inserted by him in his supplementary..........
Indian Penal Code, 1860, Section 302, 149, 148, 342 -- Murder - Informant and his family members were not there either at the time of occurrence or till arrival of police - They do not appear to be witnesses of occurrence - PWs declined to disclose the identity of assailants to police at the spot - In such circumstances, chances of concoction after deliberation cannot be..........
Armed service -- Disability pension - Territorial army - Appellant after serving for about 25 years in regular army got re-enrolled in Territorial Army - Grant of pensionary awards to members of Territorial Army shall be governed by same rules and regulations as are applicable to corresponding persons of Army - Appellant is entitled to disability pension, particularly..........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - Father of deceased and eye witness proved that accused was driving tractor-trolley in a rash and negligent manner and on the account of which deceased fallen from said vehicle and died because of vehicle running over him - Medical evidence supported prosecution case - I.O. along..........
Medical negligence -- Liability of insurance Company - Hospital and its staff were held negligent in conduct of cataract surgeries - Insurance policies obtained by doctors would cover claim for professional negligence which was made against doctors - Hospital was not beneficiary of said insurance policies - Therefore, hospital cannot claim to be indemnified by insurer..........
Will -- Suspicious circumstance - Testator died within 15 days of execution of Will - He was bed ridden for a period of 10 months prior to his death - Testator himself stated in the Will that he was sick and getting weak even then he is stated to have written the Will himself which is not believable - No medical evidence on record to prove that testator was in a sound and..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Enhancement of - Husband is earning well while being posted in Singapore - However, cost of living in Singapore is higher - Husband is already paying rent @ 3200 Singapore Dollars pm and income tax @ 1583 Singapore Dollars - Net income of husband is thus, substantially reduced - Husband is already..........
