expert opinion Archives

Allahabad High Court upholds Family Court’s order calling for expert opinion on wife’s mental health at stage of evidence in divorce proceedings

Allahabad High Court directed for constitution of a team of doctors by the CMO within a period of one week from the date of certified copy of this order is served on the said authority.

Case Briefs High Courts

Onus of proof is on prosecution to prove beyond reasonable doubt that electricity meter is dishonestly damaged for electricity theft: Delhi High Court

“Even assuming the recorded consumption to be lesser than the average computed consumption of electricity, it can at best raise a doubt against the respondent; it cannot act as a proof beyond reasonable doubt to hold that the respondent has dishonestly tampered with the meter.”

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC sets aside SCDRC’s Rs 1 Lakh compensation order against Honda Cars due to lack of expert opinion on non-deployment of the airbags

NCDRC pointed out that the State Commission’s finding that non-deployment of the airbags when the respondent’s car crashed, warranted punitive damages, was not based on any finding of fact or legal precedent.

Case Briefs High Courts

Can the age of ink be determined? Bombay High Court explains

While relying on the Madras High Court’s decision, Bombay High Court opined that there was no justification to take up a futile attempt to find out the age of ink on the instrument under question.

Case Briefs High Courts

[Gyanvapi Mosque case] Allahabad High Court directs ASI to conduct scientific investigation of Shivlingam without causing damage to it

Allahabad High Court observed that the technical and scientific report of the Archaeological Survey of India has opened ways for carrying out scientific investigation of the site / Shivlingam without causing any damage to the structure in question

Case Briefs High Courts

Cal HC | In case of discrepancy between ocular and medical evidence, ocular testimony shall prevail; Conviction set aside entitling benefit of doubt

Calcutta High Court: Bibek Chaudhury, J. allowed an appeal which was filed assailing the judgment and order of conviction passed by the

Case Briefs Supreme Court

Appointment of Teachers| Can obtaining a degree in one branch of a subject be considered equivalent to obtaining degree in the subject as a whole? SC answers

Supreme Court: In the case where the Court was posed with the question as to whether the degrees obtained by the respective

Case Briefs High Courts

AP HC | Signatures on the Vakalat and the Written Statement cannot be considered as signatures of comparable and assured standard for want of expert opinion under S. 45 Evidence Act

Andhra Pradesh High Court: Ninala Surya, J., decided to not interfere with the impugned order and dismissed the civil writ petition. The

Case Briefs Supreme Court

RPSC 2nd Grade Teachers’ recruitment| SC saves appointees by not setting aside Rajasthan High Court’s ‘erroneous’ decision on correctness of answer key

“It was not open to the Division Bench to have examined the correctness of the questions and the answer key to come to a conclusion different from that of the Expert Committee.”

Case Briefs High Courts

P&H HC | Gynaecologists cannot be attributed with medical negligence if a woman conceives after undergoing tubectomy during childbirth via caesarean section

Sucheta Sarkar, Editorial Assistant has put this story together

Case Briefs Foreign Courts

SL CoA | Expert opinion is material evidence; case needs to be established beyond reasonable doubt; Court allows appeal setting aside conviction of murder accused

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: A Division Bench of K.K. Wickremasinghe and K. Priyantha Fernando, JJ.,

Case Briefs High Courts

Del HC | JJ Board not bound by expert opinion in preliminary assessment, may disagree with the report and not treat CCL as adult

Delhi High Court: Chander Shekhar, J. refused to interfere with the order of the Juvenile Justice Board whereby it had directed that the two

Case Briefs High Courts

All HC | Decision-based on expert opinion following due procedure requires no interference of Court; PIL for protection of Turtle Wildlife Sanctuary dismissed

Allahabad High Court: A Public Interest Litigation was filed before Govind Mathur, CJ and Dr Yogendra Kumar Srivastava, J. related to protection

Case Briefs High Courts

No inference could be drawn against professionals discharging legal duty on mere perception of plaintiff

Tripura High Court: A Single Judge Bench comprising of Ajay Rastogi, CJ, dismissed a revision petition filed against the order of the

Case Briefs Supreme Court

Vague or inadequate expert opinion might result in acquittal of the accused

Supreme Court: Stating the importance of medical evidence, especially in a murder trial, the Bench of P.C. Ghose and R.F. Nariman, JJ