Court : Orissa
Reported in : AIR1977Ori128a
..... got admitted in 1970. results were published in november, 1974, and petitioner was not shown to have come out successful. regulations framed under section 53 of the homoeopathic act provide for the setting up of the medical faculty of homoeopathy and under the regulations in cases of extreme hardship, the faculty (which is responsible for the holding of examinations) has power ..... same petitioner. in the first case, she has asked for a writ of mandamus restraining the state government, the orissa state board of homoeopathic medicine and the orissa state medical faculty of homoeopathy from implementing the faculty resolution of november, 1975 (annexure 5), canceling the results. in the second application, petitioner has asked for a direction to the ..... extracted the entire text of the resolution. the justifications for the resolution as given therein are (i) the resolution has not been approved by the state government; and (ii) government (have intimated that a review of the results after the same were published is beyond the jurisdiction of the faculty or the board. we have already indicated that ..... act was amended authorising government to vest the powers of the board in the president alone and on 17-5-1974, government appointed sri chintamoni mohapatra as the president of the board and authorised him to exercise all the powers of the board. the government homoeopathic medical college at bhubaneswar is affiliated to the homoeopathic board which conducts examinations and awards degrees .....Tag this Judgment!
Court : Orissa
Reported in : 2009(II)OLR504
..... caused on different parts of her body, on examination of which by one dr. b.c. das, purportedly a retired professor of s.c.b. medical college and hospital, cuttack, has given some opinion. the allegations appears to be wild and baseless, when seen in the light of the fact that the ..... some anti-social elements and hard-core criminals are entering her house in the dead hours of the night and assaulting her regularly. there is no medical evidence to show any injury caused to her and the treatment if any, which has been given. instead, the complainant appears to have produced some ..... that all the injuries are bruises of different degree of severity and caused by hard blunt weapon of elongated size and the injuries cannot be self-inflicted because of their location and severity.11. on ..... to her in the dead hours of the night and that she was examined by one sri b.c. das, retired professor of s.c.b. medical college and hospital, cuttack, who examined 88 nos. of photograph of injuries on different parts of her body and seeing such photographs the doctor opined ..... , passed in icc no. 671 of 2005, taking cognizance against the petitioners for commission of offences under section 323 read with section 107/108 i.p.c. and section 29 of the police act.2. the factual background of the case is that the husband of the complainant (debakalyan mohanty), who was working as senior mining engineer, .....Tag this Judgment!
Court : Orissa
Reported in : 2007(II)OLR648
..... laboratory, genetic clinic or ultrasound clinic or imaging clinic or of a medical geneticist, gynaecologist, sonologist or imaging specialist or registered medical practitioner or any other person for sex selection or for conducting pre-natal diagnostic techniques on any pregnant woman for the purposes other than those specified in sub-section (2) of section 4, he shall be punishable with imprisonment for a term which ..... sex of the foetus to the parents giving them an opportunity to either retain or abort the pregnancy. as a result, it has been seen that there is a high degree of foeticide in various parts of the country. this also gives an opportunity to the doctor to make a lot of money taking advantage of the cultural approaches of the ..... foetuses, especially before 24 menstrual weeks. even after adequate perineal visualization, sonography incorrectly assigns fetal gender in approximately 3% of case. the sonographer should bear in mind this small but definite error rate and avoid using sonography as the sole method for gender determination.it would be profitable to note that in the meantime. the ..... the investigation is that the petitioner has advised a number of patients to undertake sonography tests in the diagnostic centre. that itself does not attract the penal provisions in the act.16. upon considering the materials available in the case diary and the nature of allegations made against the petitioner in the light of the observations made above as well as .....Tag this Judgment!
Court : Orissa
Reported in : 1985(I)OLR468
..... near, two children escaped...'thus according to this witness they could able to locate the presence of the boys from about a furlong which, therefore, warranted a higher degree of care and caution on the part of the driver. the evidence of the investigating officer (p.w. 11) indicates that the width of the pitch road ..... w. 5 is the doctor who examined the deceased at boriguma primary health centre and p. w. 7 is the doctor who had conducted the autopsy. the medical opinion is to the effect that the death is on account of intracranial haemorrhage caused by the injuries to the skull and in cross-examination p. w. 7 ..... of the prosecution case, eleven witnesses were examined of whom p. ws. 1 to 4 are the eye witnesses to the occurrence. p. ws. 5 and 7 ate the medical officers, p. w. 9 is the m. v. i., p. w. 10 is the assistant station master of the bus and p. w. 11 is the ..... to the location and measurement of the road at the spot.7. while judging whether a driver of a motor vehicle is guilty of rash or negligent act, no abstract standard can be laid down and the court has to judge what is the amount of care and circumspection which a prudent and reasonable man ..... lodged an f.i.r. at boriguma police station and after necessary investigation charge sheet was filed against the accused under sections 279 and 304a, indian penal code and accused stood his trial for the said offences.2. according to the prosecution case, three boys were standing under a banyan tree by the side of the main road .....Tag this Judgment!
Court : Orissa
Reported in : 1986(II)OLR19
..... according to which compensation should be assessed.the learned counsel appearing for respondent while mentioning,lthe points mentioned above urged that the appeal itself is barred by limitation under section 30(2) of the act as it was presented beyond 60 days. *further, as the memorandum of appeal was not accompanied by a certificate of the commissioner to the effect that the appellant ..... condonation of limitation. as a matter of fact, in the realm of law, there is nothing like an order amounting to implied condonation of limitation law insists and section 5 of the limitation act mandates that an appeal birred by limitation may be admitted if the. appellant satisfies the court that he had sufficient cause for not preferring the appeal within the ..... :'the question, therefore is whether the word 'loss' in entry no. 26 rneals a compnete or total loss of vision or it refers to a case of vision decreasing in degree. the note appended to the 1st schedule is material for the resolution of this controversy. the note says 'complete and permanent loss of the use of any limb or member ..... eyeball, the other being normal, the percentage of loss of earning capacity is 30. according to the evidence of dr. s. p. pattnaik, assistant professor of ophthalmology, s. c. b. medical college hospital, cuttack, despite treatment of the respondent in sarojini eye hospital, hyderabad, the foreign body of metallic origin could not be removed from the right eye. the respondent's .....Tag this Judgment!
Court : Orissa
Reported in : AIR1992Ori225; 74(1992)CLT147
..... between water, air and land and human beings, other living creatures, plants, microorganism and property. (vide section 2(a) of the environment (protection) act, 1986).the expressions 'pollution', 'sewage effluent', 'sewer' and 'stream' are defined in the act as follows:'2. definitions. in this act, unless the context otherwise requires,--xxx xxx xxx(e) 'pollution' means such contamination of water or ..... innocent people living in cuttack and adjacent areas, who are suffering from pollution being caused by the municipal committee, cuttack and the s.c.b. medical college hospital, cuttack, several acts of the aforesaid authorities and the state of orissa are alleged to be in violation of article 21 of the constitution of india, the national health ..... direction of the board and unlawfully discharging trade/sewage/ effluent without consent of the board and thereby violating various provisions of the act. by letter dated 2-1-1990 the superintendent, s.c.b. medical college hospital was directed not to discharge any sewage or waste-water from the hospital premises into the stream including taladanda canal ..... housing department; the secretary to government in the health department; the executive officer, cuttack municipality; the vice-chairman, cuttack development authority; the superintendent, s.c.b. medical college hospital; cuttack; and such other functionaries and authorities as the state may feel necessary immediately to consider the reports, and take necessary steps to prevent and control .....Tag this Judgment!
Court : Orissa
Reported in : 28(1962)CLT523; 1963CriLJ550
..... reported in profulla kumar v. emperor air 1931 cal 401 their lordships held -the fact that the witness is dealt with under section 154, evidence act, even when under that section he is cross-examined to credit, in no way warrants a direction to the jury that they are bound in law to place ..... parsuram was not present at the scene of occurrence cannot be accepted. on the evidence of p.w. 15 it can be definitely said that parsuram was present at khurda at 2-15 p.m. admittedly khurda is 34 miles from sunakhala and is connected by bus service, sanakhala is 6 miles from ..... evidence of the prosecution witnesses implicating parsuram is false. from the mere fact that the evidence regarding poking and trampling has not been corroborated by the medical evidence, the entire prosecution case cannot be said to be false.14. on the principles discussed the evidence of the relation and partisan witnesses in ..... parsuram left khurda by bus for sunakhala and came up to gamarimunda, the cumulative effect of all the evidence undoubtedly is that there is a high degree of probability that parsuram might not have been present at the scene of occurrence. but i am unable to agree with the learned sessions judge that ..... evidence without corroboration. it would be equally clear that his evidence was not a tainted one, but it would only make a difference in the degree of corroboration required rather than the necessity for it.to the same effect was the observation of a division bench of this court reported in madan .....Tag this Judgment!
Court : Orissa
Reported in : AIR1963Ori33
..... which lies on the accused.7. the legal conception of insanity differs considerably from the medical conception. it is not every form of insanity or madness that is recognised by law as a sufficient excuse. indeed nothing short of the particular degree of insanity as laid down in. section 84 i. p. c. would bring the case within the exception. all other forms ..... of the accused, he is entitled to an acquittal in the case, on the cardinal principles of criminal justice which have not been affected by the special provisions of section 105, indian evidence act. thus, it is sufficient for the defence to raise reasonable doubt, and necessarily the standard of proof required is not the same for the defence as for the ..... of daniel mc.naghten who shot dead mr. edward drummond, the private secretary to sir robert peel. the learned judges unanimously laid down that.'notwithstanding the party accused did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievances or injury........he is nevertheless punishable according to the nature of the ..... in the morning of february 25, 1962. the defence took the plea of unsoundness of mind. the learned trial judge convicted the accused of murder and sentenced him to death.2. what happened was this. the accused was a proprietor of a saloon, in puri town and he had an assistant. on february 25, 1962 which was a sunday, at about .....Tag this Judgment!
Court : Orissa
Reported in : 1990CriLJ2777
..... was assaulted on his head by the appellants with the weapons held by them. it is relevant to consider at this stage whether it could be definitely said that the injuries sustained by the deceased on his head was the proximate cause of his death. the occurrence of assault on the deceased took ..... of orissa has preferred government appeal no. 59 of 1982 , on the ground that all the 38 accused persons ought to have been convicted under section 304 read with section 149, i.p.c. being aggrieved by the order of conviction and sentence passed against them, appellants rabi nayak and chaitan jena have preferred criminal ..... it would be convenient to consider the merits of government appeal at the outset. as earlier stasted, while convicting accused rabi nayak and chaitan jena under section 304, ipc the trial court has acquitted the remaining 36 accused persons of all the charges levelled against them and so presently they are the respondents in ..... he stated that all the 7 injuries were stitched at binjharpur p.h.c. p.w. 5 proves exts. 2 and 5. ext. 2 is the letter under which the reference was made by the medical officer, binjharpur and it shows that the seven scalp wounds were stitched at the p.h.c. ext. 5 is ..... -9-1978. in order that a person should be guilty of culpable homicide it is indispensible that the death of deceased should be connected with the act of violence or other primary cause not merely by a chain of causes and effect, but by such direct influence as is calculated to produce the .....Tag this Judgment!
Court : Orissa
Reported in : 1994CriLJ1171
..... was made on the thigh and no attempt was made to make further assault at a vital part of the body clearly rule (sic) section of section 302, ipc.where death has resulted from an attack, the degree of guilt of the offender depends on the intention or knowledge with which he committed the attack. the offences of which he may be convicted ..... medical officer brought out the remaining pointed portion of the arrow from the body of the deceased. during the spot visit of the investigating officer, the accused while under custody made ..... and many other factors. knowledge and intention are placed on different footing. the word 'knowledge' within the expression 'with the knowledge that he is likely by such act to cause death' occurring in section 299 of the code defining 'culpable homicide' is a very strong word and connotes a certainty and not merely a probability. when consequences result which are beyond the ..... the officer-in-charge of the police station was absent, the dead body was carried to khoirput where the officer-in-charge was on duty. one soma badnaik (p.w. 2) lodged the first information report with the officer-in-charge. inquest was held, and the dead body was sent to khoirput phc for post-mortem. during post-mortem the .....Tag this Judgment!