Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406A, 498 -- Anticipatory bail - Offence u/ss 406, 498-A IPC - In facts and circumstances of the case, without expressing any opinion on merits, bail granted...........
Contempt of Courts Act, 1971, Section 12 -- Violation of directions of Supreme Court - High Court has no jurisdiction to entertain contempt petition - Petition dismissed as withdrawn with liberty to file petition in the Supreme Court in accordance with law. It is held that this Court has no jurisdiction to entertain the present petition filed by the petitioners for..........
Indian Penal Code, 1860, Section 302, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 6, 68, Juvenile Justice (Care and Protection of Children) Rules, 2001, Rule 22 -- Murder - Juvenile - Age - Accused a juvenile as per School admission register - However as per opinion of Medical Board accused was not juvenile - Entry in school register duly proved..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 6, 68 -- Juvenile Justice (Care and Protection of Children) Rules, 2001, R.22 - Juvenile - Opinion of Medical Board - Margin of error two years on either side - However, it depends upon each case as to whether margin of two years is to considered on the lower, upper or average age which is to be taken..........
Consumer Protection Act, 1986, Section 21(1), 23 -- Medical negligence - Some divergence of opinion as to the proper procedure to be adopted - Held, it cannot be said with certainty that the attending doctor was grossly remiss in going in for a particular line of treatment - Decision of attending doctor was not so palpably erroneous or unacceptable as to doubt it as a case..........
Indian Penal Code, 1860, Section 302 -- Acquittal by High Court - Conclusions of High Court full of surmises and conjectures - No serious attempt made to analyse the evidence - FIR lodged promptly and accused specifically named therein - Medical evidence not at variance with ocular evidence - Hypothetical reason given by High Court regarding holding the deceased by accused..........
Medical negligence -- Bone Marrow Transplantation - For treatment of 'Beta Thalassaemia' - Death of patient after 28 post transplant day for possible infection - Patient was classified into Class III high risk category - The parents of the patient were explained constantly at every stage, regarding the treatment that was being given and the risks that are associated with..........
Indian Penal Code, 1860, Section 302, 120B, 201 -- Finding of High Court that cause of death was `Organo Phosphorus' which was administered to the deceased as per prosecution evidence and medical evidence and report of doctor - However doctor's opinion that cause of death was not possible to be noted because the body was decomposed - Report of FSL that medicine called..........
Indian Penal Code, 1860, Section 367, 377, 506, 342, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 20 -- Sodomy - Appeal against conviction - Applicability of JJ Act - Accused/appellants committed sodomy on complainant by threatening with knife - As per medical opinion appellant was over 16 years but not 18 years of age - As per S.20 of the Act as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Personal appearance of complaint - Exemption therefrom - Power of Magistrate - Held, proviso to S.256(1) Cr.P.C. clearly provides that where complainant is represented by a pleader/counsel or where Magistrate is of opinion that personal attendance of..........
