Rajjan Khan v. State of Madhya Pradesh

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Penal Code, 1860 – Ss. 397 & 392 – Robbery – No test identification parade was undertaken with respect to the accused – names of the accused or marks of identification were not spelt out in the First Information Report – there is no other evidence regarding identification of the accused – Admission given by the concerned witness in the cross examination raises considerable doubts about the capacity of the witness to sufficiently identify the accused – Mere factum of recovery of some money from the house of the accused by itself would not be sufficient to sustain the order of conviction and sentence recorded against the accused.

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Dr. A Suresh Kumar v. Amit Agarwal

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Consumer Protection Act, 1986 – Section 12 – Claim for Medical Negligence – Application for condonation of delay of 7 days in filing the written statement – NCDRC rejected the application on the ground that in the Constitution Bench in (2020) 5 SCC 757 has been held that the delay beyond the period of 30+15 day (45 days) cannot be condoned by the NCDRC – However, in paragraph 63 of the said judgment dated 04.03.2020, it is categorically stated that this judgment would operate prospectively. In the present case, the written statement was filed by the appellants on 25.11.2019 -Held, since the application for condonation of delay was filed prior to the judgment of the Constitution Bench, which was delivered on 04.03.2020, the said application for condonation of delay ought to have been considered on merits and should not have been dismissed on the basis of the Constitution Bench judgment because the said judgment was to operate prospectively and the written statement as well as the application for condonation of delay had been filed much prior to the said judgment. Accordingly, the impugned order of the NCDRC deserves to be, and is, hereby set aside.

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