Medical negligence -- In every case where treatment is not successful or patient dies during surgery, it cannot be automatically assumed that medical professional was negligent - To indicate negligence there should be material available on record or else appropriate medical evidence should be tendered - The negligence alleged should be so glaring, in which event the..........
Medical negligence -- Two operations - Consent of patient was taken at the time of first operation - At the time of second operation patient was in the process of recovery from the first operation - In such circumstance, consent was obtained from husband - Complainant who was throughout with the patient and who had given the consent did not make any other contrary noting..........
Medical negligence -- Death of patient after second surgery - First operation performed by same team of doctors in same hospital was successful and unfortunate incident occurred when second operation was scheduled - When it is shown that earlier operation was uneventful, in absence of any medical evidence brought on record to contrary regarding failure on part of doctor..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - Wife was subjected to maltreatment and beatings by husband - Injuries suffered by wife duly established with opinion rendered on record by Medical Officer - Marriage between parties not disputed and obligation is cast upon husband to maintain wife and minor child - Husband is a private driver..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Fire arm injury - Main accused fired fatal shot from roof of house, proved from evidence of eye witnesses and corroborative pieces of material - Trajectory of entry of bullet as found in Medical report is quite consistent with version that deceased was shot from height - Involvement of accused..........
Indian Penal Code, 1860, Section 376D, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Rape - Statement of victim is not of sterling quality and there is no corroboratory evidence on record - Husband of victim who has been produced as eye witness of crime has also given contradictory statement - Medical evidence does not..........
Criminal Procedure Code, 1973, Section 164A(2), (3) -- Medical examination - Rape victim - Column in FIR - Provisional/primary opinion is to be given by doctor as per clinical examination of victim without waiting for investigation reports - Directions therefore issued to Principal Secretary (Medical Health) and Director General (Medical Health) to issue circular to all..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(1), 323, 452, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape of 13 years old girl - Factum of accused has a criminal history of 6 cases suppressed in bail application - Sign of violence seen in medical examination of victim - Sexual violence upon..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband had lost his job in Qatar and subsequently shifted to India - Although, husband is presently employed but his salary calculated in INR is less than what he was drawing at the time when decree of divorce was passed - Husband has an old ailing mother living with him and he has to take care of her medical..........
Medical education -- Admission to MBBS/BDS - Admission to medical courses were to be done only through centralized admission process as per Notification issued by State of UP - Glocal Medical College in contravention of said Notification conducted private counseling, which was not at all permissible in law - Students cannot be said to be ignorant about such Notification -..........
