Medical negligence -- Infertility clinic - Surgical procedure adopted by the OP to improve fertility of complainant - Allegation that while doing the procedure OP acted negligently and complainant sustained loss of power of ejaculation - The complainant failed to prove that he had the power of full ejaculation before treatment and that he lost afterwards - He also failed..........
Appointment -- Equation of education qualification - Certificate issued by the Armed Forces to its employees during employment - Instructions issued by govt. of India that such certificate would be treated as equivalent to civil degree for purpose of employment of ex-servicemen in civil employment - Held that equivalisation for ex-servicemen who were working as instructor..........
Indian Penal Code, 1860, Section 299, 300 -- Culpable Homicide and Murder - Scope and Ambit - Culpable Homicide is genus and murder is specie - All murder is culpable Homicide but not vice versa - There are three degree of Culpable Homicide - First gravest form defined as murder in section 300 - Second degree is punishable under first part of section 304 - Third is..........
Indian Penal Code, 1860, Section 299, 300 -- Culpable homicide and murder - Difference - Distinction lies between a bodily injury likely to cause death and a bodily injury sufficient in the ordinary course of nature to cause death - The difference between clause (b) of S.299 and clause (3) of S.300 is one of degree of probability of death resulting from the intended bodily..........
Education -- Fees refund - Complainant allowed to second year professional Course of BHMS Degree on provisional basis and subject to her result being declared for the examination conducted in respect of First Professional Year - The complainant failed to qualify at the said examination and became ineligible to pursue the studies for the next year course - The only logical..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3, 6(1), 15, Terrorists and Disruptive Activities (Prevention) Rules, 1987, Rule 15(5) -- Confessional statement - Conviction - (i) Confession if properly recorded and made voluntarily and truthful; (ii) Whether such confession requires corroboration or not, is a matter for the court considering such..........
Words and phrases -- `Negligence' - The precept of `negligence' means failure to observe, for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly demand, whereby such person suffers injury - The test of negligence lies in default to exercise the ordinary care and caution which is expected of a..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Mental disorder - Mere proof of schizophrenic is not sufficient - Unsoundness of mind must be proved to be of such kind and of such degree that petitioner cannot reasonably be expected to live with the other...........
Hindu Marriage Act, 1955, Section 13 -- Cruelty - Extent of - Should be of such a degree so as to cause an apprehension of danger to life, limb or health, physical or mental - Allegation of excessive drinking and addiction to sulfa but the same not proved - Divorce petition dismissed...........
Airlines -- Distinction between lost and theft of ticket - The loss signified process of losing something which entails some degree of negligence - On the contrary, in the case of theft, a crime of committing the theft of articles is involved for which, an individual to some extent has not control over the same - No act of negligence can be attributed in the case of theft...........
