Consumer Protection Act, 1986, Section 12 -- School trip - Negligence of school teachers - Child aged 14 years became bed ridden affecting her memory and speech with no prospects of recovery - Reduction of compensation - Child was taken ill during tour by viral fever - Doctors opined that if child had been given timely medical aid and attention, she could easily have been..........
Indian Penal Code, 1860, Section 397, 392 -- Robbery - Identification - Apart from the evidence of informant, there is no other evidence - Even capacity of informant to sufficiently identify accused is doubtful - Mere factum of recovery of some money from house of accused is not by itself sufficient to sustain conviction of accused - Accused acquitted...........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Execution - Money decree - Attachment of property and detention in prison - U.O.21.R.30 CPC, both the procedure with respect to attachment and also detention in prison can be taken against JDs either individually or simultaneously - Even, in a situation where amount is partly recovered by attachment and sale, for recovery of..........
Indian Penal Code, 1860, Section 380, 457 -- Offence u/ss 380, 457 IPC - Circumstantial evidence - Allegation that accused being pujari of temple committed theft in temple - Recovery of Rs.14,300 from residential quarter of accused is the evidence against accused in which his son was also residing - Currency notes were lying in different pages of religious books in the..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - For convicting an accused recovery of weapon used in commission of offence is not a sine quo non...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 20(b)(ii)(C) -- Recovery of 20 kgs Ganja - Nature of offence - Quantity recovered is 20 kgs, which cannot be said as commercial quantity - Conviction of accused u/s 20(b)(ii)(C) of the Act is not sustainable instead he can be convicted only for offence punishable u/s 20(b)(ii)(B) of the Act - Since..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Recovery of weapon of offence - I.O seized the weapon of offence from the spot - Though as per evidences of PW4 and other witnesses, same was found with blood stained but upon forensic examination of same, no blood stain was found from weapon - It is not the case of prosecution..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 815 intoxicant tablets - Bail - Petitioner is first offender and he is in custody for last 7 months and 11 days - He is not involved in any other case - Custodial interrogation of petitioner is not required and conclusion of trial will take some time..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 29, 37 -- Bail - On parity basis - Recovery of 61,000 bottles of 100 ml each of Phensedyl syrup containing codeine Phosphate - Commercial quantity recovered from accused - While granting bail to co-accused neither any reason has been recorded nor provision of S.37..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Recovery nearer to commercial quantity - Whether a case is made out or not for convicting accused is an issue which is to be considered and decided by trial Court/Magistrate/Special Judge after evaluating of material placed on record -..........