Medical negligence -- Surgery - For Non-Reducible Obstructed Para Umbilical Hernia - Death of the patient - Contention that even though the deceased had full stomach due and proper procedure was not followed for the purpose of carrying out emergency operation - There is no material on record to come to the conclusion that either excessive anaesthesia was given or it was..........
Indian Penal Code, 1860, Section 376, 34, Evidence Act, 1872, Section 3, 114A -- Gang rape - Appreciation of evidence - Prosecutrix/victim, a minor had forcibly been caught and threatened and subjected to gang rape - Victim gave statement that intercourse was against her wish - Nothing on record to establish consent of victim - Moreover, minor discrepancies in statement of..........
Civil Procedure Code, 1908, Section 89, Order 10, Rule 1-A -- Scope - Section 89 CPC has to be read with Order 10 Rule 1-A - After the pleadings are complete and after seeking admission/denials wherever required, and before framing issues, the court will have recourse to section 89 of the Code - Such recourse requires the court to consider and record the nature of the..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Scope of enquiry into an allegation by a party to the compromise is limited to an enquiry as to whether an adjustment or satisfaction has or has not been arrived at - It is not within the province of that adjudication to decide on any other issue, though a specific plea that the agreement or settlement is not..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Re-appreciation of evidence - Permissibility - Two Courts below recorded a finding of fact that execution of Will has been duly proved - Held, in second appeal evidence cannot be re-appreciated unless it is established that view taken by two Courts below is perverse and is not at all possible from the evidence on..........
Criminal Procedure Code, 1973, Section 161 -- Witnesses - Statement - Not obligatory on part of IO to record statements - However, discretion to be exercised not unfettered - Statement can also be recorded by audio video electronic means...........
Right to Information Act,2005 -- Information regarding old pensioners sought - Respondent disposed of the case on the ground that applications of old cases of pensioners were probably destroyed in floods - Petitioner is not effected by the department in releasing old age pension in the context of whom information sought under the RTI Act - It is not the case of the..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Second appeal - entire matter revolving around reappreciation and reappraisal of evidence on record - Not legally permissible and is beyond the scope of second appeal...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Delay in lodging FIR explained - Eyewitnesses related to the deceased - Veracity and truthfulness of their testimony cannot be doubted - Prosecution story is fully supported and corroborated by both the eyewitnesses - Testimony of eye-witnesses is fully supported by medical evidence - Evidence on record indicates that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Facts within knowledge at the time of filing written statement - Fact sought to be brought on record by way of amendment already pleaded - Application dismissed - Order upheld...........
