Rape--Courts cannot award sentence below seven years in offence of rape without giving adequate and special reasons

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Quashment--A complaint for medical negligence cannot be quashed because there are two set of opinion, one in favour of the complainant and other in favour of the appellant.

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Criminal Trial--Fairness in investigation as also trial is a human right of an accused--State cannot suppress any vital document from the Court only because the same would support the case of accused.

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Evidence Law--Eye witness--Benefit of discrepancies in evidence of eye witnesses should be given to accused.

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Common Intention--Even a past enmity by itself may not be a ground to hold for drawing any inference of formation of common intention amongst the parties. --Criminal Law--Common Intention--It is well settled that Section 34 of IPC does not create a distinct offence, it only lays down the principle of joint criminal liability--The necessary conditions for the application of Section 34 of Code are common intention to commit an offence and participation by all the accused in doing act or acts in furtherance of common intention--Penal Code, 1860, Section 34.

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Accident Law--Impleading of Insurance--Liability of the insurance company arises for the purpose of reimbursement of the amount of compensation found to be payable by the owner of the vehicle insured--It is only in exceptional cases and as provided for under Section 170 of the Act, the insurance company can defend a claim petition--Only on limited grounds it may be permitted to question the quantum of compensation--Motor Vehicles Act, 1988, Section 170.

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Arbitration--An independent Arbitration clause in Agreement is not terminated by rescinding of other collateral agreement. Arbitration Agreement--An agreement to enter into an agreement is not enforceable nor does it confer any right upon parties.

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Held; while considering an application for bail, detailed discussion of evidence and elaborate documentation of merit is to be avoided--No party should have impression that his case has been pre-judged--Existence of prima facie case is only to be considered--No merit--Appeal dismissed

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Rape--Law no were provides that it is not possible for a single man to commit sexual inter course with a healthy adult female in full possession of her sense against her will.

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Service and Labour Law--Absence without leave--Dismissal from service--Misconduct--Proportionality of punishment--Appellant claimed that punishment of termination is disproportionate to gravity of offence charged--No mitigating circumstances could be shown--Similar offence committed earlier--Punishment of simplicitor dismissed not disproportionate to gravity of offence--Appeal dismissed

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