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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: jammu and kashmir Year: 2001 Page 1 of about 10 results (0.042 seconds)

Mar 05 2001 (HC)

Smt. Bholi Devi Vs. State of Jammu and Kashmir and ors.

Court : Jammu and Kashmir

Decided on : Mar-05-2001

Reported in : AIR2002J& K65

..... stated that it was advisory in nature. this circular has been placed on the record as annexure b. this is reproduced below :'department of anaesthesia govt. medical college, jammu.circularall the consultants /b-grade anaesthesia specialists /residents/asstt. surgeons of this department are directed not to use inj, diazepam (p. cal ..... save her life using oxyen therapy and other necessary life saving drugs/measures. after the resuscitation the petitioner was shifted to intensive care unit medical college hospital for further management including specialised services. due to the reasons beyond the control of the respondents the petitioner developed an an-oxic ..... meant for intramascular use only.all concerned to note. sd/- no. anesth/98/100-4 (dr. g.b. kohli)prof. and hod dt. 2-2-98:8. it is submitted that best professional services were rendered. however, the life of bholi devi could not be saved. the deceased had developed an ..... then it is negligence. if, on the other hand, it is an error that such a man acting with ordinary care, might have made, then it is not negligence.10. gross medical mistake will always result in a finding of negligence. use of wrong drug or wrong gas during the course ..... patient. the practitioner must bring to his task a reasonable degree of skill and knowledge and must exercise a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. neither the very highest nor a very low degree of care and competence judged in the light of the .....

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Sep 15 2001 (HC)

Dr. Kaisar Ahmad Vs. State and ors.

Court : Jammu and Kashmir

Decided on : Sep-15-2001

Reported in : 2002CriLJ907

..... as such doctor/public servant obtained pecuniary advantage for himself and thereby indulged in corrupt practice and the criminal misconduct on his part is punishable under section 5(2) of the p.c. act. the accused in terms of the fir is also investigated for having accumulated assets disproportionate to his known sources of income. both the parties agreed ..... petitioner an assistant professor in paediatrics in government medical college, srinagar and also posted in government hospital for children srinagar, has been booked in fir 81/96 registered at police station vok srinagar for offences under section 5(2) of jammu and kashmir prevention of corruption act, (hereafter for short 'pca'), and section 15 of the jammu and kashmir public men and ..... punished by section 5(2) of p.c. act. the corrupt practice on the part of the accused doctor is misconduct covered both by pca and act of 1983.8. the admitted position in this case is that the government received information of wide spread practice in private clinics during office hours advising patients even in govt. hospitals for medical advice ..... public servants declaration of assets and other provisions act, 1983 (hereinafter act of 1983) on allegation of indulgence in private practice during office hours in private clinics for illegal pecuniary considerations. by the alleged fraudulent and illegal medical .....

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Apr 16 2001 (HC)

State Vs. Abdul Rashid and ors.

Court : Jammu and Kashmir

Decided on : Apr-16-2001

Reported in : 2002CriLJ3118

..... is insignificant as long as it is established that such an injury could be caused by the weapon mentioned by the victim of the assault. the definite case of the prosecution is that injuries were inflicted by a dagger and a dagger and sword have been recovered. both are sharp edged weapons. ..... offence cannot be rejected simply because pw nidhan singh has resiled from it. this statement of the accused is admissible in evidence under section 27 of the evidence act because pursuant to this the weapon of offence was recovered.17. this takes us to the question of offence committed by the accused ..... deceased may not be telling the truth. in the opinion of the trial court, the evidence of mohd. rafiq has to be accepted with greater degree of care and caution because of their previous enmity and relationship. having gone through the statement of this witness, we are of the opinion that ..... persons coming they took to their heel. since both of them were bleeding from the injuries, they were immediately taken to government hospital, banihal. block medical officer, banihal according to the witness referred the deceased to jammu because his condition was serious while he remained admitted in the hospital for three days. ..... died of the stab wounds inflicted by the accused which did not heal despite treatment. charges under section 302/307/326/341/323/34 rpc and 4/27 indian arms act were framed on 13-2-1996 to which accused pleaded not guilty. the trial court being of the opinion that the prosecution .....

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Feb 20 2001 (HC)

Ashiq HussaIn Faktoo Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Decided on : Feb-20-2001

Reported in : 2003(2)JKJ774

..... 1984. therefore, the act of 1984 also cannot be said to have contemplated only ' public order' but envisages a ..... commission of the terrorist acts is as kin to that of section 4 of the tada act of 1987, i.e. one of the motives being to endanger the sovereignty and integrity of india. in short, the definition of the expressions ' terrorist act' and ' disruptive activity' under section 2(1) (h) and (d) of the act jointly brought under the definition of the word 'terrorist act' in act 61 of the ..... or create some fear or terror in the people or a section thereof, but unless the panic, fear or terror was intended and was sought to achieve either of the objectives as envisaged in ..... charge under section 3(1) of the act, the terror or panic etc. must be actually intended with a view to achieve the result as envisaged by the said section and not be merely an incidental fall out or a consequence of the criminal activity. every crime, being a revolt against the society, involves some violent activity which results in some degree of panic .....

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Dec 31 2001 (HC)

Romesh Lal Mottan and ors. Vs. State and ors.

Court : Jammu and Kashmir

Decided on : Dec-31-2001

Reported in : 2002CriLJ3386

..... to secure attendance of a deponent of affidavit in court for being cross-examined where it is not possible for the court to come to a definite conclusion on the basis of affidavits so submitted. such was the view expressed by the supreme court of india in the case of ram saran v ..... associates and also the accused persons involved in cow slaughtering from samba police station. it is submitted that before this was done, they were medically examined by the block medical officer, ramgarh. the injuries which the petitioner attributes against his person are said to have been sustained on 6th august, 2000. it is ..... , 335, 353, 427, 380, 435, 436 and 452 of the penal code. it is stated that an offence under section 3/4 of the jammu and kashmir public property prevention of damage act, 1995, also stood committed by the petitioner. it is submitted that the petitioner was arrested on 6th august, 2000 in pursuance ..... violence done to them before they were taken in custody or for the violence done to their person or property after they were taken in custody;ii) that the citizens of this country owe a duty to protect the state property. the damage which has been caused in this case includes damage ..... and name tags with their designations. the particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register.2) that the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall .....

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May 31 2001 (HC)

Saif-ud-dIn Barbhuiya Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Decided on : May-31-2001

Reported in : 2002CriLJ3159

..... . the fact that, there was no proven penetration, as per the petitioner shows that this is not the case which fell within the purview of section 376.7. the respondents have filed objections. the stand taken by them is that case stand fully established against the petitioner and this is not a ..... was caught. the prosecutrix has brought to the police station where her mausi and miss k.d. were also present. all of them were sent for medical examination. the lady doctor examined the prosecutrix. as the prosecutrix was made to lie on the ground, there was clot of mud on her body. ..... no reason to falsely implicate the petitioner. it is settled law that conviction under section 376 can be recorded on the basis of the statement of the prosecutrix alone. in this case her statement is fully corroborated by the medical expert. in these circumstances, 1 do not find any merit in this petition and ..... also jumped. the prosecutrix also wanted to get out of the vehicle but she was caught by her hair and the driver kept, driving the vehicle.2. the prosecutrix submits that she made a compassionate appeal with folded hands to leave her but she was taken towards the gompa. the vehicle was thereafter ..... ordertejinder singh doabia, j.1. the petitioner was found to have committed civil offence falling within the purview of section 376(1) of the penal code. he was charged under section 69 of the army act. the officer commanding of the unit considered the matter and decided to try the petitioner in a summary general .....

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Mar 30 2001 (HC)

Yog Raj Vs. Kuldeep Raj Gupta and anr.

Court : Jammu and Kashmir

Decided on : Mar-30-2001

Reported in : AIR2002J& K12

..... eviction, this witness was unable to recollect. he later on stated that probably he got it vacated on account of his personal necessity. he is definite that the premises was got vacated on the ground that this was personally required by him. one ashok kumar was said to be a tenant of ..... :i/ not to entertain any claim to enforce any right under a mortgage declared extinguished under this act, orii/ to question the validity of any proceedings under this act.59. none of the conditions as mentioned in section 16 are present in this case. therefore, the argument that on account of the provisions contained in j ..... it has been held that the suit filed by the plaintiff is not maintainable in view of the provisions contained under section 47 and order 21 of the cpc. on issue no. 2 the finding recorded is that the suit as filed by the appellant was barred by limitation. on issue no. 3 ..... as projected in this appeal are being examined.42. the basic submission made by the learned counsel for the plaintiff-appellant is that compromise decree dated 2-12-1983 passed by sub registrar (munsiff) jammu has been obtained fraudulently. the compromise which is the basis of the said decree was also not ..... inexecutable and not binding on the plaintiff-appellant was sought. a civil suit was filed. this suit stands dismissed. now this first appeal has been preferred.2. the circumstances under which this suit came to be filed be noticed.3. the appellant is in possession of a shop. this is situate at shalamar .....

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Feb 05 2001 (HC)

Dr. Naseema Firdous and ors. Vs. State of Jandk and ors.

Court : Jammu and Kashmir

Decided on : Feb-05-2001

..... (state of jammu and kashmir, principal, government medical college, srinagar and the medical superintendent, lal ded hospital, srinagar):i) not to conduct any departmental enquiry against the petitioners until the criminal investigation regarding the alleged death of shakeela is investigated by the police and challan is presented in the court of law. ii) not to act on the report of the enquiry committee which ..... police to register the fir, that the fir was registered. no serious investigation ever took place. in fact, the police even closed the case and submitted a final report under section 173 cr. p. c. it is only at the instance of the superintendent of police, north , srinagar that fresh investigation has been undertaken. no finding, however, has been arrived at ..... ask them to attend the police station to enable the police to perform its duty. we are told that later the police completed its investigation and submitted final report under section 173 of the code of criminal procedure and closed the case. it is only on the intervention of the superintendent of police, north, srinagar that fresh investigation had to be ..... the above observations, the supreme court held that the charge of failure to anticipate the accident and prevention thereof had nothing to do with the culpability of the offence under sections 304a and 338 i. p. c. and in that view of the matter the high court was not right in staying the departmental proceedings.16.it is clear from the .....

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Mar 30 2001 (HC)

Robkar Adalat Vs. Aseem Kumar Sawhney and anr.

Court : Jammu and Kashmir

Decided on : Mar-30-2001

Reported in : 2002CriLJ2382

..... facie of the opinion that the respondents have published a matter which does fall within the definition of criminal contempt and they are required to be dealt with further under the provisions of section 18 of the act. therefore, registrar (judicial) is directed to place the file before the lord chief ..... clearly brings the system of administration of justice into disrepute. this would definitely fall within the definition of term 'criminal contempt' as occurring in clause 2(c) of the jammu and kashmir contempt of courts act.25. respondent no. 2, as indicated above, is a practising advocate of this court. he ..... application for adjournment. as already stated the provisions of the code of criminal procedure are not applicable to the present proceedings. section 556 therefore, does not apply (1990) 2 qb 36, r v. grey is an authority for the proposition that 'proceedings for punishing contempt are taken note with a ..... factual and legal position noticed above, it becomes apparent that respondent no. 1 who is the editor, printer and publisher and respondent no. 2, who is the chief patron of the aforementioned newspaper by making the publication in the said newspaper did try to bring the system of administration ..... is improper, mischievous or illegal, he must take the consequences of his own temerity.again, the may's constitutional history of england vol. ii, pages 240-41, makes a vivid reference to this struggle. a reference from this book is illustrative and reads as under:nothing marked more .....

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Feb 06 2001 (HC)

Naseema Firdous and ors. Vs. State of Jammu and Kashmir and ors.

Court : Jammu and Kashmir

Decided on : Feb-06-2001

..... (state of jammu and kashmir, principal, government medical college, srinagar and the medical superintendent, lal ded hospital, srinagar) :i) not to conduct any departmental enquiry against the petitioners until the criminal investigation regarding the alleged death of shakeela is investigated by the police and challan is presented in the court of law.ii) not to act on the report of the enquiry committee which ..... police to register the fir, that the fir was registered. no serious investigation ever took place. in fact, the police even closed the case and submitted a final report under section 173 cr. p. c. it is only at the instance of the superintendent of police, north, srinagar that fresh investigation has been undertaken. no finding, however, has been arrived at ..... ask them to attend the police station to enable the police to perform its duty. we are told that later the police completed its investigation and submitted final report under section 173 of the code of criminal procedure and closed the case. it is only on the intervention of the superintendent of police, north, srinagar that fresh investigation had to be ..... the above observations, the supreme court held that the charge of failure to anticipate the accident and prevention thereof had nothing to do with the culpability of the offence under sections 304a and 338 i. p. c. and in that view of the matter the high court was not right in staying the departmental proceedings.16. it is clear from the .....

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