Civil Procedure Code, 1908, Order 26, Rule 10A -- Medical examination of wife - Divorce proceedings - Strong prima facie evidence is required to order medical examination of wife...........
Civil Procedure Code, 1908, Order 26, Rule 10A, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce proceedings - Medical examination of wife - Husband has sought to project wife being of unsoundness of mind - Husband in his petition for annulment of marriage has not preferred petition invoking mental unsoundness of wife but it is filed on the ground of cruelty - Writ..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - In cases of deficiency of medical services, duty of care does not end with surgery...........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Cataract surgery - Permanent loss of vision in the right eye - Lapses in duty of care both pre-operative and post-operative standards for conducting traumatic cataract surgery - Expert evidence not controverted due to absence of cross examination and failure to bring on record any other contradictory expert..........
Drugs and Cosmetics Act, 1940, Section 18(c), 22(1)(cca), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 18(c), 22(1)(cca) of the Act - Father of accused was a registered Homeopathic Doctor on the date of inspection - Procurement of medicines and payment in 2011, 2012, 2013 cannot be said to be per se illegal - Merely because accused could have personally..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Accused had given the dhariya blow on the head of PW6, which was a sharp cutting weapon which was recovered from accused - Endorsement by doctor in the history that injury was caused by accused as well as other witnesses testified on the particular date and time on the PW6 attack was made by Dhariya as well as..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Development of hoarseness in voice after surgery - Mere reliance on medical literature would not be sufficient to exonerate Hospital from its duty of ensuring that Head of Department, Anesthesia ought to have inserted Double Lumen tube - Instead he was not available and task was delegated to a trainee..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Development of hoarseness in voice after surgery - District Forum has not taken all the relevant aspects into consideration for arriving at a rightful compensation payable to deceased - However, since the appellant expired during pendency of proceedings before NCDRC, no useful purpose would be served in..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Medical evidence - Only one kind of weapon i.e chopper was used in committing the crime - Evidence of doctor proved the injuries but suggested possibility of use of different weapons in causing those injuries - Though evidence of doctor may not be matching with that of prosecution, but ocular evidence of injured eye..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Determination of age - Medical age can act as a guideline only and not as a conclusive proof - Therefore, there is no strict law as regard lowering the age by two years from medical age...........
