Indian Penal Code, 1860, Section 304 -- Culpable homicide - Proof of - Accused alleged to have erected barbed wire fencing around his land and two ladies died due to electrocution - Wire does not withstand 440 Volts of electrical power - It could not be used to connect barbed wire with nearby electric pole, as same would have burnt moment it was connected - It is also not..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Insurance claim - Non settlement of the claim on total loss basis as recommended by the Surveyor - Petitioner cannot take the plea that the market value of the truck was Rs.3 lakh at the time of the accident whereas its market value at the time of insurance had been assessed at Rs.3,65,000/- Order of the State..........
Investigation -- Deficiency in investigation by way of omissions and lapses on the part of investigating agency cannot in themselves justify a total rejection of prosecution case...........
Constitution of India, 1950, Article 14, 226 -- Punjab State Civil Services Combined Competitive Examination, 2009 - Competitive examination - Preliminary examination - Short listing - Clauses 1 of the prospectus clearly provides that candidates equal to thirteen times of the total vacancies determined by the Government shall qualify for main competitive examination -..........
Medical negligence -- Compensation - The condition of the patient who was aged 16 years was serious on arrival to the hospital - Treatment commenced on the assumption that it was a case of Malaria of quinine resistant strain - No tests/ investigations were carried out to rule out other possibilities - For treatment with falcigo injections for five continuous days, the..........
Constitution of India, 1950, Article 21, 142, 226 -- Custodial death - Compensation - Victim died in Police custody - Award of a sum of Rs.3 lakhs to wife and 4 children of deceased by High Court - SLP thereagainst - Held, deceased was sole bread earner of family - While dismissing SLP Supreme Court find it proper to exercise power u/Art. 142 of the Constitution and..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 21(b) -- Banking service Housing loan Financier-builder nexus - Amount of loan disbursed is substantially higher than the amount for which the respective flat is registered Complainant sought compensation of Rs 2,00,00/- for suffering and agony caused to the complainant towards reduced value in the property which is..........
Consumer Protection Act, 1986, Section 2(1) -- UTI Mastergain 1992 - Transfer of unit - Delay to 3 to 15 months - Deficiency in service - Compensation - Total value of units being around Rs. 49,00,000/ - - It will adequately meet the ends of justice if a lump sum compensation of Rs. 5,00,000/ - is awarded to the complainant to be paid by OP Nos. 1 and 2 jointly and..........
Indian Penal Code, 1860, Section 84 -- Mere taking treatment in the mental hospital itself is not sufficient proof of total insanity of a person...........
Indian Penal Code, 1860, Section 84 -- No evidence that accused was insane at the time of commission of offence or even before that - Mere taking treatment in the mental hospital itself is not sufficient proof of total insanity of a person - Accused gave appropriate answers in reply to the questions put to him u/s 313 Cr.P.C. which is a corroborative fact situation - Held,..........
