Indian Medical Council Act, 1956, Section 20A -- Code of medical ethics - Doctors should not disclose the secrets of a patient, learnt in the exercise of his/her profession, except to a Court of law under orders of the presiding Judge...........
Civil Procedure Code, 1908, Order 16, Rule 6 -- Production of medical records - Court of law, while deciding question whether to direct production of medical records of a person, the normal yardsticks for ordering production of documents provided U.O.16.R.6 CPC cannot be applied...........
Civil Procedure Code, 1908, Order 16, Rule 6, Constitution of India, 1950, Article 21 -- Production of medical records - When the power is exercised by a Court of law calling for medical records relevant to a case, the same cannot be regarded as an intrusion into the right to privacy...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Compensation - Future medical treatment - Appellant required and still requires care giver round clock and round year to remain barely functional - Taking into account the requirement of continued medical treatment post discharge from hospital, Rs.7 lakhs ought to be awarded as lumpsum,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354D, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11, 12 -- Bail - Rape of minor girl - Accused was a matured married man aged 34 years having two children - Victim specifically narrated three incidents where she was subjected to sexual harassment by accused and..........
Criminal Procedure Code, 1973, Section 357(3) -- Compensation - Death due to custodial torture - Appellant is father of deceased who succumbed to injuries suffered in lock up - He is 76 years of age and has been fighting alone in the case for last more than 14 years - Deceased was 20 years old at the time of incident and appellant pursued the case from last 14 years which..........
Indian Penal Code, 1860, Section 302, 325 -- Murder - Medical evidence against deceased - Eye witnesses PW5 and PW6 have claimed that deceased was assaulted by accused `C' with a pati - Weapon of assault has also been recovered in this case i.e pati, but two doctors categorically stated that injury of deceased can only be caused by a sharp weapon and cannot be caused by a..........
Indian Penal Code, 1860, Section 302, 325 -- Murder - Medical evidence against injured - Prosecution has not examined treating doctor, under whose treatment injured was admitted in hospital - Rather, report was prepared by doctor who had not treated the injured - Medical evidence against injured produced by prosecution is not adequate enough to connect accused with..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 297, 454, 353, 186, 342, 270, 120B, 188, Prevention of Damage to Public Property Act, 1984, Section 4, Disaster Management Act, 2005, Section 51 -- Anticipatory bail - Allegation that a group of persons locked certain staff of medical and para-medical team inside a room and thereafter removed body..........
Indian Penal Code, 1860, Section 304, 316, 34 -- Medical negligence - Death by negligence - Accused are well qualified doctors - No material on record that death of daughter of complainant is direct result of rash and negligent act of accused and such act is proximate and efficient cause for death - Even, there is no material to show reckless state of mind qua accused with..........