Skip to content


Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: orissa Page 3 of about 1,393 results (0.058 seconds)

Aug 31 2012 (HC)

Maldas Hansda and Another Vs. State of Orissa

Court : Orissa

..... silent on the aspect of recovery of the dead body. admittedly, both the appellants had sustained injuries. such fact has been proved by the medical officers (d.ws.1 and2) and the defence finds corroboration from the evidence of p.ws.6 and 7, who have testified that on being suspicious about their ..... on the other hand has testified that on arrest of appellant no.1 maldas hansda, he was sent to the district headquarter hospital, baripada with requisition for his medical treatment and he (appellant no.1) was arrested only on 02.10.2003 on his discharge from the hospital. p.w.15 (i.o.) is totally ..... investigation. the defence plea is one of complete denial and two medical officers were examined by the defence to prove the injuries on the person of appellant no.1 maldas hansda. learned trial court, on consideration of the eye ..... who is a co-villager of the appellants, is a witness to the quarrel between appellant no.1 maldas hansda and the deceased. p.w.17 is the medical officer, who conducted autopsy. p.ws.13 and 15 are the i.os., out of whom p.w.13 had submitted charge-sheet on completion of the ..... and 10 regarding the person at whose instance the dead body was recovered, it is not possible to hold the conduct of appellant no.2 budhini hansda to be relevant and admissible under section 8 of the evidence act. it cannot, therefore, be held that the dead body was recovered on being pointed out by appellant no .....

Tag this Judgment!

Feb 14 2008 (HC)

Hemanta Rath Vs. Union of India (Uoi) and ors.

Court : Orissa

Reported in : AIR2008Ori71; 2008(I)OLR916

..... not been disclosed.13. this court therefore, directs that if appropriate authorities as contemplated under section 17 of the said act and as defined under section 2(a) of the said act has been constituted, such authority must act strictly in terms of the provisions of the said act. if, however, such committee has not been constituted, such committee must be constituted within a ..... implementation of ultrasound clinics and nursing homes. the said committee has been formed to see that the rules on preconception & pre-natal diagnostic technique (pndt) act, 1994 and medical termination of pregnancy (mtp) act, 1971 are scrupulously followed. it has been stated that task force has been formed at the district level with the collector, superintendent of police and c ..... cases of foeticide. in support of the same, report of professor and head of the department of f.m. & t which was received from chief medical officer, bhubaneswar has been disclosed. it is also stated that the government have formed a state task force committee under the chairmanship of chief secretary, orissa with principal secretary, ..... enclosed. it is also stated that the human body parts recovered from forest park area of bhubaneswar were sent to forensic medicine and toxicology (fm & t) department, scb medical college and hospital, cuttack for necessary examination. on such examination it appeared that the specimens recovered are formalin preserved specimens of surgically removed human body parts. they were not .....

Tag this Judgment!

Feb 09 1965 (HC)

Bisweswar Misra and anr. Vs. Swetakumar Panigrahi and ors.

Court : Orissa

Reported in : 1966CriLJ494

..... a i r 1948 p c 128 where section 270 of the government of india act, 1935 was being construed. for identical reasons, section 111(2) of the act cannot protect the sarpanch. he also does not appear to have acted in good faith. the definition of 'good faith' as given in section 3, subs. (22) of the general clauses act, 1897 will apply. a thing shall be deemed ..... examination itself may be such an act. the test may well be whether the public servant, if challenged, can reasonably claim ..... act as a public servant in picking the pocket of a patient whom he is examining, though the ..... be said to act or to purport to act in the discharge of his official duty if his act is such as to lie within the scope of his official duty. thus a judge neither acts nor purports to act as a judge in receiving a bribe though the judgment which he delivers may be such an act, nor does a government medical officer act or purport to .....

Tag this Judgment!

Oct 12 2007 (HC)

Dr. Sunil Kumar Padhy Vs. State of Orissa

Court : Orissa

Reported in : 2008(I)OLR188

..... ipc against the petitioner.3. learned counsel for the petitioner submitted that there was no material before the trial court to frame charge under section 304(i) ipc inasmuch as the medical evidence shows that the cause of death was due to gas gangrene. the staff nurse of titilagarh s.d. hospital, who had ..... cannot by any stretch of imagination come within the purview of part-i of section 304 ipc. it may be a case of medical negligence falling under section 304a ipc. therefore, the trial court has erred in framing charge under section 304, part 1, ipc against the petitioner.7. for the above reasons, this ..... is due to gas gangrene. dr. b.b. nayak stated in his 161 statements that the deceased had developed gas gangrene. professor fmt department, vss medical college, burla opined that nac is a pain killer injection. he further opined that nac injection was not responsible for the death of the patient. the ..... to infer that the petitioner had the intention of causing the death or such bodily injury as is likely to cause death of the deceased. moreover, the act of prescribing nac injection (which is a pain-killer injection according to the doctors' opinion) for the patient, which was administered by the staff nurse, ..... dated 09.03.2007 passed in sessions case no. 71 of 2006 by the addl. sessions judge, titilagarh framing charge against the petitioner under section 304 part 1 ipc.2. fact of the case, in brief, is that on 03.12.2003 one ajaya kumar ray lodged an fir before the i.i.c .....

Tag this Judgment!

Aug 23 2013 (HC)

Executive Engineer(Electrical)southco, Phulbani and Vs. Smt. R. Wara L ...

Court : Orissa

..... commissioner should have taken the wages of the deceased at rs.4,000/- which was prevalent on the date of the accident since amendment brought to section 4 of the act has no retrospective effect.18. the commissioner has calculated the amount of compensation at rs.5,70,720/- taking the monthly wages at rs.8,000 ..... he sustained electrical burn injuries in all over his body & died on 29.05.2010 at about 7.30 a.m. while undergoing treatment at m.k.c.g. medical college & hospital, berhampur. in the above facts and circumstances, it is of my opinion that the deceased r. nagaraja @ r. nagaraju was a workman within the ..... 2010 at about 4.30 p.m. & succumbed to injuries on 29.05.2010 at about 7.30 a.m. while undergoing treatment at m.k.c.g. medical college & hospital, berhampur. the o.p.w.1 also stated that the deceased r. nagaraju was working as a helper on the date of accident & he was ..... the deceased was immediately shifted to k. nuagaon hospital for treatment. thereafter, he was referred to baliguda hospital and then he was shifted to m.k.c.g. medical college & hospital, berhampur for better treatment. the deceased died next day, i.e., on 29.05.2010 at about 7.30 a.m. during treatment. further case ..... to pay compensation to the claimants.13. so far question no.(ii) is concerned, the facts which are no.in dispute are that the accident took place on 28.05.2010 and the deceased died on 29.05.2010. section 4 of the w.c. act, 1923 provides that for the purpose of computation of compensation where .....

Tag this Judgment!

Dec 04 2002 (HC)

Asit Kumar Sahu Vs. State of Orissa

Court : Orissa

Reported in : 95(2003)CLT648; 2003(I)OLR306

..... hospital, cuttack on 14.10.1993 at about 10.00 p.m., purighat p.s. case no. 409 of 1993 was registered under sections 307/ 326/34, ipc read with section 27 of the arms act. the fir story is that p.w. 7 ananda das, the injured-informant ..... the learned assistant sessions judge, cuttack holding the petitioner guilty of offences under section 324, indian penal code and section 27 of the arms act, 1959 and sentencing thereunder. 2. the petitioner along with another was tried for commission of offences punishable under sections 307/326/34, ipc and section 27 of the arms act. on the basis of the fir lodged by p.w. 7 (the ..... then the informant fell down because of the injuries. the police after investigation, submitted charge-sheet under sections 307/326/34, ipc and section 27 of the arms act. 3. the prosecution has examined nine witnesses in all in support of its case. p.ws. 1 and 2 are the witnesses to the seizure, p.w. 3 is the assistant director of state forensic ..... injured, due to pistol shot injury on his belly) at the s. c. b. medical college and .....

Tag this Judgment!

Feb 08 2002 (HC)

Kunduru Dharua Vs. State

Court : Orissa

Reported in : 2002CriLJ1757

..... 62 of the evidence act. therefore, the medical certificate was clearly admissible in evidence.6. in the instant case, the doctor who; conducted the p.m. examination over the deadbody was not available to ..... inadmissible in evidence since the prosecution has failed to prove that the original certificate was lost and not available. it was laid down by the apex court that section 32 of the evidence act provides that when a statement written or verbal, is made by a person in the discharge of professional duty, whose attendance cannot be procured without an amount of ..... in course of the quarrel which turned into a duel gave only one blow when the deceased caught hold of him, the same will amount to an offence under section 304, part ii, i.p.c. and not under part i, as there is no evidence to show that the appellant intended to cause death. the learned additional standing counsel, however, argued ..... delay, the same is relevant and admissible in evidence. besides, since the carbon copy was made by one uniform process the same was primary evidence within the meaning of explanation 2 of section .....

Tag this Judgment!

Nov 15 2000 (HC)

Prasadini Guru Vs. State of Orissa and Others

Court : Orissa

Reported in : AIR2001Ori63; 91(2001)CLT338; 2001(I)OLR80

..... of the constitution of india cannot change the standard prescribed by the authority.6. clause 2.11 of the information brochure, j. e. e. (e. & m.) 2000 orissa runs as follows :'2.11--medical requirements : study for profession degree demands good physique and stamina. an applicant who suffers from any organic defect or does ..... diseases or epiletic fits.hernia, hydrocele and files :presence of any of these is a temporary disqualification to be rectifiedbefore joining.xxx xxxx xxxx xxxx.'7. though medical requirements demand a good physique and stamina, standards, have been fixed with regard to height, weight, chest measurement, vision, hearing, physique etc. to bring ..... having the requisite qualification she submitted an application to the admission sub-committee, joint entrance examination, (e. & m.), 2000 for admission to first year degree course in medicine and she was allotted roll no. u m e -56339. in the said joint entrance examination she secured 15th position in the merit list ..... as to give 'force and life' to the intention of the legislature. a judge should ask himself the question how, if the makers of the act had themselves come across this work in the texture of it, they should have straightened it out he must then do as they would have done ..... . a judge must not alter the material of which the act is woven, but he can and should iron out the creases.'9. on the other hand shri r. k. mohapatra, learned counsel for the .....

Tag this Judgment!

Jun 18 2004 (HC)

Branch Manager, Oriental Insurance Company Ltd. and Divisional Manager ...

Court : Orissa

Reported in : I(2005)ACC36; 2006ACJ475; 98(2004)CLT280

..... when the accident took place and not all possible work that a human being undertakes.10. partial disablement has been defined under section 2(1)(g) of the act to mean where disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment ..... than what is specified in the schedule. so far as the cases where the injuries are not specified in the schedule, sub-section (ii) was inserted by amending act 22 of 1984, which contemplates that in case of injuries not specified in the schedule, such percentage of compensation payable in case ..... at 90% by the commissioner are not sustainable in law, since the injuries sustained are non-schedule and as per section 4(1)(c)(ii), of the w.c. act, a medical practitioner has to assess the loss of earning capacity of the injured-claimant. the finding of the commissioner as to the ..... capable of undertaking at that time; provided that every injury specified in part-ii of scheme-i shall be deemed to result in permanent partial disablement. in such view of the matter, the stipulation in the definition of total disablement that the disablement has incapacitate a workman for all work which ..... act to mean such disablement, whether of a temporary or permanent . nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement.9. according to the learned counsel for the appellant-insurer, the words 'all work' as applied in the definition .....

Tag this Judgment!

Jan 18 2008 (HC)

National Insurance Co. Ltd. Vs. Sri Dinesh @ Vinesh Chandra Sharma and ...

Court : Orissa

Reported in : 105(2008)CLT814; [2008(117)FLR321]

..... his livelihood as a driver, the percentage of disability in such cases must be deemed to be 100% in terms of the definition of the term 'total disablement' provided under section 2(1)(l) of the workmen's compensation act, 1923. the commissioner came to hold that even the evidence of the contesting insurance company's doctor is to the effect that ..... the other hand submitted that the claimant sustained complex compound fractures of his right thigh and below his knee alongwith other multiple injuries and was treated in s.c.b. medical college and hospital, cuttack as an indoor patient for a period of 25 days and, therefore, on his discharge, he was further treated as an indoor patient at haryana ..... learned counsel for the parties and considering the statutory requirement, it is clear that under section 4(1)(c)(ii), requires the assessment of loss of earning capacity by a qualified medical practitioner. it is of course trite to state that such assessment by the qualified medical practitioner should be lawful and proper to the extent of computing the extent of permanent ..... permanentresult from total disablement asthe injury is proportionate to the loss ofearning capacity (as assessed by the qualified medical practitioner) permanently caused by the injury;explanation ii.- in assessing the loss of earning capacity for the purpose of sub-clause (ii), the qualified medical practitioner shall have due regard to the percentages of loss of earning capacity in relation to different injuries .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //