exceptional case
when there are undisputed facts and documents of sterile quality failed to be
brought in as evidence. In this case
medical science. It is a pure and simple case of
sterilization operation having failed though duly performed.
xx xx
8 of 11
::: Downloaded ... delivery of child. There is no evidence that sterilization, in the instant case,
has failed merely because it was performed at the time of delivery
judicial process
is to make remedy effective failing which the right
becomes sterile. In paragraph 16 of the judgment,
following observations have been made
portion of the machinery
without proof of actual loss. With the supplier failing to supply
the machinery within the stipulated time, the Assessee received ... procurement of capital
asset amounted to sterilization of the capital asset of the
assessee as supplier had failed to supply the plant within time
Learned Trial Court has failed to appreciate the
fact that surgery of the wife of the Appellant may lead to sterility, in
which case ... further submitted that the Learned Trial Court has failed to
appreciate the fact that the appellant is the only earning hand in his family
procurement of capital asset amounted to sterilization of the capital asset of the
assessee as supplier had failed to supply the plant within ti time ... afore
afore-stated
stated amount received
by the assessee towards compensation for sterilization of the profit
profit-earning
earning source, not
in the ordinary course
before the operative procedure failed to advise fresh urine C/S to ascertain it was sterile. The Complainant further alleged that the OP-2 hospital ... discharge summary. It was alleged that due to negligence the OP-1 failed to diagnose the septicemia and DIC. Thus to cover-up negligence
mitted that alll
sterilization operations are being done in operation theatres,
wherein only staff with proper authorization and in proper
sterile clothing are permitted ... allegation raised by the
petitioner in para 17 that the Government have failed to
provide STs full access to health, nutritional, and educational
entitlements
appellant has vehemently argued as pleaded in memo of appeal that prosecution failed to prove its case beyond reasonable doubt.
32. Hon'ble Apex ... lingering suspicion and thereby destroy social defence. Justice cannot be made sterile on the plea that it is better to let hundred guilty escape than
details of machinery
submitted by appell ant does not figur e Sterilizer,
Fermenter etc.
In this connection, appellant submits that boiler required
for such production ... Assessing Officer that
appellant has submitted only few copies of bills and failed
to produce preliminar y documents to prove purchases and
receipt of goods