Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A(1) -- Condonation of delay - Delay of 209 days in filing appeal - Wife of defendant suffering from serious illness - Both defendant and his wife are senior citizens - Material on record shows that defendant made to go around doctors and hospital for treatment of his wife and in that process..........
Medical education -- Establishment of medical college - Revocation of Essentiality Certificate - Validity - Appellant/college failed to fulfill commitment given to State at the relevant time of providing minimum infrastructure and fulfillment of norms of MCI and appointing staff as per norms of MCI and was incapable in doing so despite repeated opportunities given since..........
Service -- Medical Specialist in Army - Misbehaviour with two women during course of their physical examination by touching their private parts - There was no motive for false implication - Punishment of dismissal from service - Tribunal converted the sentence of cashiering to fine of Rs.50,000/- - Punishment of penalty of cashiering restored by taking into account the..........
Criminal Procedure Code, 1973, Section 53A -- Medical examination of accused - Rape case - Question of examination of an accused of rape by a medical practitioner as per S.53-A Cr.P.C is necessary only if there are reasonable grounds for believing that an examination of his person will afford evidence as to commission of an offence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Rape case - Victim aged about 15 years specifically stated that she was subjected to rape by accused and co-accused - She..........
Civil Procedure Code, 1908, Section 151 -- Witness not present for cross examination - Court passed an order to eschew the chief evidence affidavit - Witness is an old man, aged about 69 years who was suffering from fever and jaundice - Medical certificate were produced in support of said fact - However, trial Court has not referred to any medical certificate produced by..........
Consumer Protection Act, 1986, Section 2(1)(o) -- Medical negligence - Jurisdiction of consumer forum - It is only where a hospital provides medical services free of charge across the board to all patients that it would stand outside the purview of the Act - However, hospital which renders free services to a certain category of patients, while providing for services which..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 452, 506, 323, 34 -- Bail - Rape - Victim was not alone in the house on the date of incident and her daughter-in-law was sleeping on ground floor - No hue and cries made by victim - Story put forth by victim is highly improbable, as medical evidence does not support prosecution case - Victim..........
Indian Penal Code, 1860, Section 376, 506(ii) -- Rape - Prosecutrix alleged that accused committed rape on her and threatened her not to disclose the incident to anyone and consequently she became pregnant and delivered a baby boy - However, accused is excluded from being father of baby delivered by prosecutrix as per DNA report - Even, accused stated that he had no..........
Rajasthan Rent Control Act, 2001, Section 22, Civil Procedure Code, 1908, Section 47 -- Rent and eviction - Objection as to executability of compromise certificate on ground of unfit mental state - Dismissal of application - Tenant entered into compromise with landlord agreeing for his eviction from suit shop on condition of wavier if arrears of rent - Medical certificate..........
