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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: orissa Year: 2000 Page 1 of about 25 results (0.059 seconds)

Nov 15 2000 (HC)

Prasadini Guru Vs. State of Orissa and Others

Court : Orissa

Decided on : Nov-15-2000

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 .....

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Jun 19 2000 (HC)

Mania Alias Manoj Kumar Behera Vs. State

Court : Orissa

Decided on : Jun-19-2000

Reported in : 90(2000)CLT869; 2000(II)OLR75

..... in court for identification by the witnesses. hence, non-production of the seized material objects will adversely affect the prosecution case since it cannot be definitely held that the wearing apparels of the victim girl as well as those of the appellant had been seized and sent for chemical and serological examination. ..... default, to undergo rigorous imprisonment for a further period of two months. the appellant has been found not guilty and acquitted of the charge under section 363, ipc.2. prosecution case runs as follows :the informant (p.w.11) and the appellant are residents of dagarpara-bania sahi, cuttack. the families of ..... . thus it is found that the chemical examiner's rpeort is not consistent on material particulars with the medical evidence on record. hence it will not be safe to come to a definite conclusion that the victim girl was subjected to sexual intercourse by the appellant.9. in the case of dona alias ..... post-occurrence witness. p.ws. 7, 8, 9 and 10 are the witnesses to the seizure. p.ws. 13 and 16 are the two medical officers who medically examined the victim girl. p.w. 14 is the investigating officer. the defence has examined none.5. miss d.r.nanda, learned counsel for ..... was no finding suggestive of sexual intercourse within last 24 hours;(v) there was nothing suggestive of that the accused was not capable of performing sex act; (vi) the abrasion injury on the left patella could have been caused by rubbing against any hard and rough surface and was within above 24 .....

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Dec 22 2000 (HC)

Sri Satyabadi Padhi Vs. Nepal Chandra Kar

Court : Orissa

Decided on : Dec-22-2000

Reported in : 2001(I)OLR238

..... without dealing with the aforesaid aspect and in a mechanical manner.14. for the aforesaid reasons, the petitioner is entitled to the protective umbrella under section 197, cr.p.c. the requirement of obtaining sanction for his prosecution being mandatory and admittedly no sanction having been taken, the impugned order ..... this court reported in 60 (1985) cut 164 (bishnu prasad mohapatra v. ramesh sahu), wherein it has been held that the object of section 197 of the code of criminal procedure is to guard against vexatious proceedings against public servants and to secure the well-considered opinion of the superior ..... aforesaid allegations, opp. party no. 1 has filed the above complaint case for the offence as alleged.8. initial statements were taken and enquiry under section 202, cr.p.c. was conducted by the magistrate. altogether five witnesses were examined on behalf of the complainant namely, purna chandra mishra, the father ..... was further alleged that in spite of injuries, on the person of the injured, the petitioner and opp. party nos. 2 and 3 did not take any step for their medical treatment for which the complainani- opp. party no. 1 approached this hon'ble court in ojc no. 1805 of 1995 ..... to the conclusion that the act complained of against the petitioner and others does not come in discharge of their official duty. the court did not therefore, think it proper to get a sanction under section 197. cr.p.c. before proceeding against the petitioner and opp. parties 2 and 3 in the .....

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Jun 23 2000 (HC)

Ajoy Kumar Mitra Vs. Steel Authority of India Ltd. and ors.

Court : Orissa

Decided on : Jun-23-2000

Reported in : 90(2000)CLT240; [2002(92)FLR460]; (2000)IILLJ1516Ori

..... and habitual unauthorised absence from duty after a departmental proceeding, the allegations having been found correct. the management filed an application before the industrial tribunal, bhubaneswar under section 33(2)(b) of the industrial disputes act seeking approval of the managements action of removal of sri mitra from service from the company. during pendency of the application before the industrial tribunal discussions were ..... march 31, 1988. at the relevant point of time, he being a workman concerned in a dispute then pending before the industrial tribunal, bhubaneswar, an application under section 35(2)(b) of the industrial disputes act was filed, which was registered as i.d. misc. case no. 6 of 1988. during the pendency of the dispute, the petitioner having appealed to the ..... of the petitioner is that he should have been declared medically unfit from november 4, 1987, when he made the first application in annexure-1, but that chapter, he himself has closed having entered into settlement in i.d. misc. case no. 6 of 1988 under section 33(2)(b) of the industrial disputes act as discussed in the earlier paragraphs and joined the ..... service afresh pursuant to the order. in such circumstances, it is not open to the petitioner to claim any benefit, for a period anterior to april 11, 1990 inasmuch as the medical examination, held on january 30, 1996 and .....

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Dec 22 2000 (HC)

Arun Kumar Sarangi Vs. Madan Pattnaik and ors.

Court : Orissa

Decided on : Dec-22-2000

Reported in : 2001(I)OLR342

..... concerned government servant. so, in order to attract the provisions of section 197, cr.p.c. there should be some evidence to indicate or suggest that the act was committed by the petitioner in due discharge of his official duty. here is a case where definitely the case diary in g.r. case no. 420 of 1993 ..... discharge their duties and opposite party no.l and his associates sustained injuries due to the assault by the students and they were rescued by the police and treated medically. from the remand order passed on 21.4.1993 by the learned s.d.j.m. in g.r. case no. 420 of 1993, it appears ..... .j.m., jajpur, in i.c.c. case no. 1 80 of 1 993 taking cognizance against the petitioner for the offence under sections 325 and 504 of the indian penal code.2. the brief facts of the case are that the sister of one prafulla kumar das, who was reading in m.h.d. mahavidyalaya.chhatia ..... 16 ocr (sc) 530 (n.k.ogle v. sanwaldas alias sanwalmal ahuja) wherein the apex court relied upon a constitution bench decision of the said court in 1955 (2) scr 925 (matajog dobey v. h.c. bhari) which enunciated that where a power conferred or a duty is imposed by statute or otherwise and there is nothing ..... apprehension of breach of peace which might ultimately lead to law and order problem in the college campus. the f.i.r. lodged by opposite party no. 2 also corroborates the aforesaid facts. learned counsel for the petitioner submits that the petitioner had gone to the spot in order to discharge his official duty and, as .....

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Jun 19 2000 (HC)

Niranjan Alias Tima Jena and Seven Others Vs. State of Orissa

Court : Orissa

Decided on : Jun-19-2000

Reported in : 91(2001)CLT213

..... be set aside and the appellants would be entitled to acquittal.11. in the result, the criminal appeal is allowed. the conviction of the appellants under sections 376(2)(g)/366 of the indian penal code and the sentences passed thereunder in the impugned judgment dated 19-4-1997 passed by the additional sessions judge, ..... occurrence, p. w. 3 is a witness to the seizure, p. w. 5 is another witness to the seizure, p, w. 6 is the medical officer who medically examined the victim girl, p. w. 7 is a resident of village sabira from whom the investigating officer enquired about the victim girl, but he did not ..... a banian tree besides other places including the house where female inmates were there. not a single mark of injury on her body could be found during her medical examination. no broken bangles have been seized. there was no sign of recent sexual intercourse. her wearing pant and frock had no stain of semen or ..... based on the sole testimony of the prosecutrix if it is free from infirmities and inconsistencies and is found to be reliable, although there may not be corroboration from the medical evidence.7. the f. i r. (ext. 1) reveals that the victim girl (p. w. 4) was missing from 7 p.m. on 8- ..... torchlight and brought the victim girl and the above named appellants to the simulia police station. the victim girl was then sent to bhadrak subdivisional hospital for her medical examination. p. w. 8 found a letter from the shirt pocket of appellant no. 1 and seized the same. on 15-9-1991, p, w. .....

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Dec 22 2000 (HC)

Gorekhnath Giri and anr. Vs. State

Court : Orissa

Decided on : Dec-22-2000

Reported in : 2001(I)OLR228

..... appellants had no intention to. do away with the life of the deceased. accordingly he convicted appellant no. 1 under section 323, ipc and appellant no. 2 under section 304-311, ipc.6. the medical officer (p.w.2) who conducted autopsy and submitted the post mortem report (ext.3) found as follows :' a male person aged ..... 1997/96 passed by the learned additional sessions judge, rairangpur is set aside and the conviction of appellant no.l under section 323, ipc and that of appellant no. 2 under section 304 part ii, ipc and the sentences passed thereunder are set aside. they are acquitted of the charge. the bail-bonds of the ..... the same for post mortem examination, visited the spot, seized two bicycles and two pair of chapals, arrested both the appellants and sent appellant no. 2 for medical examination since he sustained some injuries. on his transfer, p.w.9 handed over charge of investigation on 28.8.1995 to another s.i. of ..... used to corroborate or contradict the maker of it, but the omissions of important facts affecting the probabilities of the case are relevant under section 11 of the evidence act in judging veracity of the prosecution case. f.w.7 who was a tenant of the deceased can be said to be an interested ..... witness. had she seen appellant no.l holding the deceased and appellant no. 2 assaulting the deceased on the backside of his head by means .....

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Dec 22 2000 (HC)

Manas Ranjan Thakur Vs. State

Court : Orissa

Decided on : Dec-22-2000

Reported in : 2001(I)OLR334

..... on the statement of the prosecutrix (p.w.i) and found corroboration from the statements of p.ws.2, 3 and 4 and medical evidence on record and hold the accused guilty of the charge under section 376,1.p.c. and convicted him. the contention of the learned counsel for the accused that there ..... the chance of falsely implicating the accused for his protest against the elopement of p.w. 1 by p.w.3, cannot be ruled out. the medical evidence on record cannot be considered to have lent corroboration to the statement of the prosecutrix (p.w.i) regarding the rape. as per the evidence ..... p.w.6 has stated that the vagina of the prosecutrix admitted two fingers from which inference can be drawn that she was habituted to sexual intercourse. the medical officer (p.w.7) who examined the accused on 3.9.94 and submitted injury report (ext.3) found as follows :i. there was no ..... his pant. the prosecutrix and the accused were sent for medical examination and the accused was forwarded to court in custody on 4.9.94. after completion of investigation, he submitted charge-sheet under section 376, i.p.c and 3(1)(xi) of the act again the accused who stood his trial.3. the learned ..... default, to undergo rigorous imprisonment for a further period of one year and acquitting him of the charge under section 3(1)(xi) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 (for short 'the act').2. briefly stated the prosecution case runs as follows :the prosecutrix (p.w.i) aged about fifteen to .....

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Sep 28 2000 (HC)

Pranabandhu Behera and Another Vs. District Judge, Balasore and Anothe ...

Court : Orissa

Decided on : Sep-28-2000

Reported in : 92(2001)CLT300

..... is a deserving case which should have been considered and ho inquiry whatsoever has been made as provided under the rules.4. the medical report, annexure-4 clearly indicates that petitioner no. 1 appeared before the medical board on 13-2-97 and it was opined by the board that he was permanently and completely incapacitated for government service. the order dated 30 ..... medical certificate and the c. d. m. o. was also requested to examine petitioner no. 1. after examination, a report ..... -12-96 the petitioner requested opposite party no. 1 to get himself examined by the chief district medical officer ('c.d.m.o.', for short) for the purpose of taking retirement on the ground of invalidation, by order dated 3-2-97 opposite party no. 2 directed the petitioner to get himself examined by the c. d. m. o., balasore, and produce the ..... petitioner having been declared by the competent medical authority to be completely and permanently incapacitated for further service, has been allowed to retire on invalidation with effect from 30-4-97. therefore, the stand taken by opposite parties that the conduct of petitioner no. 1 was deliberate to obtain an employment for petitioner no. 2 cannot be accepted. rule 5 of the .....

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Jun 23 2000 (HC)

Satish Kumar Goenka Vs. S.R.K. Mohan and Another

Court : Orissa

Decided on : Jun-23-2000

Reported in : 91(2001)CLT153; 2000(II)OLR330

..... thus :'2. definitions : in this code; unless the context otherwise requires'.- (a) to (c) xx xx xx (d) 'complaint' means any allegation made orally or inwriting to a magistrate, with a view to his takingaction under, this code, that some person, whetherknown or unknown has committed an offence, butdoes not include a police report.' under sub-section (b) of section 2 of the limitation act, an ..... 4-5-96 to 23-8-96 for ch.d.ulcer and during that period the petitioner was advised complete rest. the learned magistrate has observed that apart from the medical certificate, there is no other document concerning the illness or treatment of the complainant and therefore, reliance cannot be placed on the ..... the complaint within the period of limitation. applications for limitation have been filed inasmuch as a medical certificate was produced and therefore, the learned magistrate ought to have considered whether the medical certificate and the plea as contemplated in the petition under section 5 of the limitation act was acceptable and whether that constitute a sufficient cause for not filing the complaint in time ..... in terms of section 5 of the act. i find that the learned magistrate apart from the medical certificate required some more documents concerning illness and treatment and therefore, did not place any reliance on the medical certificate only. it appears that no evidence has been led on that score. 12. in .....

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