Indian Penal Code, 1860, Section 302 -- Murder - Cause of death - Doctor who conducted post mortem concluded that it was a case of hanging - Admittedly, there are no marks on body which suggest violence or struggle - Medical expert himself has not ruled out possibility of suicidal death - Trial Court and High Court erred in holding that prosecution has proved death of..........
Medical education -- Private self financing colleges - Fixation of fee - MBBS course - Regulation of fee is within domain of Committee which shall ensure that fee is non-explosive and reasonable - No fetter can be placed on exercise of power for fee fixation by Committee, which shall be in accordance with factors that are mentioned in S.11 of Kerala Medical Education Act..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Plea of juvenility - Ossification test conducted in year 2020 when accused was 55 years of age cannot be conclusive to determine him as a juvenile on date of incident in absence of any reliable trustworthy medical evidence to find out age of accused...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Plea of juvenility - There is no date of birth certificate from school or matriculation or equivalent certification or a birth certificate given by a Corporation or Municipal Authority or Panchayat - As regarding ossification test, in absence of any reliable trustworthy medical evidence to find out..........
Medical education -- Establishment of medical college - Grant of Essentiality Certificate by State Government and Consent of affiliation by University is not simply a ministerial act...........
Medical education -- Establishment of medical college - Withdrawal of Essentiality Certificate (EC) - State Government has power to withdraw EC where it is obtained by playing fraud on it or where very substratum on which EC was granted vanishes or any other reason of like nature...........
Medical education -- Establishment of medical college - Grant of Essentiality Certificate (EC) and Consent of affiliation (CoA) - EC was first issued conditionally in the year 2004 subject to removal of deficiencies and since then 17 years elapsed, appellant is unsuccessful in removing deficiencies - In both inspections in 2015 and 2020, it was found that appellant..........
Medical Education -- Admission to MBBS course - College admitted 132 students by conducting selection on its own - Said students were not in list of 150 students sent by Director General Medical Education - Admission of 132 students is thus, contrary to Regulations - Costs of Rs.5 crores imposed on College - However, students completed their second year of MBBS and..........
Indian Penal Code, 1860, Section 302 -- Murder of pregnant wife by husband - Circumstantial evidence - Accused attacked deceased with a wooden log and caused her death because of homicidal violence - He himself took deceased to hospital and made a false statement that she suffered a cardiac arrest which was found false after post mortem report received - It is accused who..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, 30 -- Murder of wife by husband - Gunshot injury - Testimony of children - Accused was habitual of drinking - He had an extra marital affair with one lady - Cause of tussle between accused and deceased was extra marital affair - Accused was in habit of verbally abusing and physically assaulting deceased -..........
