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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: orissa Year: 2013 Page 1 of about 27 results (0.058 seconds)

Aug 23 2013 (HC)

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

Court : Orissa

Decided on : Aug-23-2013

..... 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 .....

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Feb 27 2013 (HC)

Rajendra Patel Vs. State of Orissa

Court : Orissa

Decided on : Feb-27-2013

..... to her testimony. the statement of the father of the prosecutrix is admissible in evidence and relevant under section 157 as her former statement corroborating her testimony as also under section 8 of the evidence act as evidence of her conduct. the testimony of the father of the prosecutrix was trustworthy and unembellished. ..... of the prosecutrix. the prosecution has also explained the delay in lodging the fir. soon after the victim was rescued, she was sent for medical examination and it was found that she was carrying 14 weeks of pregnancy.8. learned counsel for the appellant has filed an affidavit of one ..... guilty of the aforesaid offences and sentenced as above.5. learned counsel for the appellant submitted that the age of the prosecutrix, as per the medical report furnished by the doctors (p.ws.5 and 6), was aged about 16 years at the time of occurrence. in case two years is ..... information that the victim was at the house of the accused, informed the police. the 2 police rescued her, examined the witnesses and recorded their statements. police sent the victim and the accused for medical examination. police seized the school admission register to ascertain the age of the victim and gave ..... . there is no rule of law that her testimony canno.be acted without corroboration in material particulars. her testimony has to be appreciated on the principle of probabilities just as the testimony of any other witness; a high degree of probability having been shown to exist in view of the subject .....

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Dec 18 2013 (HC)

Dr.Smt.Pranaya Ballari Mohanty Vs. Utkal University and Others

Court : Orissa

Decided on : Dec-18-2013

..... university, this court has held that fraud is a conduct either by letter or words, which induce the other person or authority to take a definite determinative stand as a response to the conduct of the former either by word or letter and misrepresentation itself amounts to fraud. it is further ..... does no.get an opportunity to have his say in the matter. therefore, after thorough discussion on the principle of promissory estoppels under section 115 of the evidence act, the division bench of this court has held that the present is a fit case where the petitioner should be protected by applying ..... to rama devi women s college in 1985, completed her b.sc. from that college and thereafter obtained diploma in pharmacy from v.s.s.medical college, burla. but thereafter due to cancellation of her result because of mass copying, she approached this court. this court in the said case ..... subsequent examination has been made due to misrepresentation/ suppression of the fact. hence, the authorities have rightly taken a decision 4 for cancellation of the degree when the said fact has been brought to the notice of the authorities. in view of such position, the action taken by the university authorities ..... playing fraud, the petitioner appeared at the 7 examination in 1991 and repeat examination in 1992 as a non-collegiate (private) candidate in violation of clause 2 (a) (b) of the instruction issued by the utkal university. therefore, when the mistake was brought to the notice of the university, action .....

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Mar 12 2013 (HC)

The Manager, Angul Electrical Division, Angul Vs. Gotika Naik, Angul a ...

Court : Orissa

Decided on : Mar-12-2013

..... two concepts have conceptual difference. in case there is no loss of earning and there is continuance of engagement, a reference to sec. 4(1)(c)(ii) of the act is necessary to appreciate the distinction. the plea of employers that in case of continuance of engagement and non-reduction in earning ..... 11 the workman could no.get promotion to the post of lineman. considering the gravity and nature of injury, the learned commissioner accepted opinion of medical expert that disability of workman is 70% as he lost a vital limb/organ of body.16. in view of the above, this court ..... .43 cms below tip of elecranon. as in this case left upper limb of applicant was amputed below elbow i hold considering the opinion of medical expert loss of earning capacity of applicant is 70% and injury suffered by him is permanent in nature. 14. this court in the case ..... of anugl hospital, ext. 3 speaks that the amputation was made on 27.11.03. the disability certificate, ext. 4 issued by angul district medical board also confirmed that applicant suffered amputation of his left upper limb below elbow, his disability is permanent and comes under orthopedic handicappedness which amounts ..... such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently caused by the injury. .. . (underlined for emphasis ) bare reading of the above provision makes it clear that the compensation is to .....

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Jul 29 2013 (HC)

Jagabandhu Barik Vs. Smt. Kumudini Nayak

Court : Orissa

Decided on : Jul-29-2013

..... 05.2002 & 07.07.2009 respectively and therefore he is disqualified for being elected as sarpanch, as per the provisions of section 25(1)(v) of the orissa grama panchayat act, 1964 (the act in short). accordingly, opposite party prayed for declaring the petitioner disqualified for the post of sarpanch of mangarajpur grama panchayat and ..... from the order dated 05.10.2012 that the immunization register was produced but the present petitioner did not choose to prove the same and subsequently the medical officer (opw-14) has deposed that the said register is not available at mangarajpur sub-centre, as the same is damaged. learned trial court has ..... that the order of birth as 2 . therefore, learned trial court has disbelieved the entry in the live birth register (ext.k/1), with regard to the order of birth, which appeared doubtful ..... born on 20.05.2002. on perusal of the said register learned trial court has come to find that the order of birth has been mentioned as 2 in column no.19. the entry in the live birth register (ext.k/1), which is made after preparation of ext.7/a, also indicates ..... & k/1), learned trial court on verification of the original register has come to find that the digit 2 mentioned therein is found to be different in comparison to other entries were same digit 2 is mentioned. on perusal of that entry in the original register, learned trial court has also come to find .....

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Aug 27 2013 (HC)

Smt. Nibedita Dash Vs. Sri Biranchi Narayan Satpathy and Others

Court : Orissa

Decided on : Aug-27-2013

..... matrimonial home and resume the conjugal rights. however, on a false plea the husband was not willing to bring her back to the matrimonial home; rather through p.w 2 (elder brother of the husband), he pressurized the wife for a divorce. thereafter on a false plea filed the present proceeding with an allegation that consent of marriage obtained ..... .since both the appeals arise out of a common order, they were heard together and are being disposed of by this common judgment.2. challenge has been made in these appeals by the wife to the order dated 15.7.2011 passed by the learned judge, family court, cuttack in civil proceeding nos. 251 ..... mishra, c.r.swain, p.mohanty, ms.s.sahoo & s.samal for respondents : m/s. k.c.kanungo, h.v.b.r.k.dora, & chitra padhi (r-1) respondents 2 -------------------date of judgment:27. 08.2013 -------------------p r e s e n t: the honourable kumari justice sanj.panda and the honourable dr. justice b.r.sarangi ----------------------------------------------------------------------------------------------------s. panda, j ..... that she is medically fit to lead a normal conjugal life. in support of his contention, he cited a decision of the madhya pradesh high court in the case of shrikant v. smt. saroj reported in air 200.madhya pradesh 94 and submits that in absence of any evidence to grant relief under section 13 of the act, the court below .....

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Aug 27 2013 (HC)

Smt. Nibedita Dash Vs. Sri Biranchi Narayan Satpathy

Court : Orissa

Decided on : Aug-27-2013

..... matrimonial home and resume the conjugal rights. however, on a false plea the husband was not willing to bring her back to the matrimonial home; rather through p.w 2 (elder brother of the husband), he pressurized the wife for a divorce. thereafter on a false plea filed the present proceeding with an allegation that consent of marriage obtained ..... .since both the appeals arise out of a common order, they were heard together and are being disposed of by this common judgment.2. challenge has been made in these appeals by the wife to the order dated 15.7.2011 passed by the learned judge, family court, cuttack in civil proceeding nos. 251 ..... mishra, c.r.swain, p.mohanty, ms.s.sahoo & s.samal for respondents : m/s. k.c.kanungo, h.v.b.r.k.dora, & chitra padhi (r-1) respondents 2 -------------------date of judgment:27. 08.2013 -------------------p r e s e n t: the honourable kumari justice sanj.panda and the honourable dr. justice b.r.sarangi ----------------------------------------------------------------------------------------------------s. panda, j ..... that she is medically fit to lead a normal conjugal life. in support of his contention, he cited a decision of the madhya pradesh high court in the case of shrikant v. smt. saroj reported in air 200.madhya pradesh 94 and submits that in absence of any evidence to grant relief under section 13 of the act, the court below .....

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Aug 29 2013 (HC)

Osrtc, Through Dist.Transport Manager, Badambadi Vs. Lokanath Hota, Ba ...

Court : Orissa

Decided on : Aug-29-2013

..... supreme court in the case of pratap narain singh deo (supra), wherein the hon ble supreme court held as under: 5. the expression "total disablement" has been defined in section 2 (i) of the act as follows: " (1) "total disablement" means such disablement, whether of a temporary or 14 permanent nature, as incapacitates workman for all work which he was capable of ..... loss of earning capacity. the two concepts have conceptual difference. in case there is no loss of earning and there is continuance of engagement, a reference to sec. 4(1)(c)(ii) of the act is necessary to appreciate the distinction. the plea of employers that in case of continuance of engagement and non-reduction in earning compensation is no.payable has ..... in schedule i, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently caused by the injury. .. . (underlined for emphasis ) a bare reading of the above provision makes it clear that the compensation is to be paid to an injured, ..... amputated at reeta nurshing home, mangalabag, cuttack while undergoing treatment. the respondent-workman has been thrown out of employment by the employer due to his permanent disability for which the medical board of boudh district has issued disability certificate, vide exhibit-3, which shows permanent partial amputation of left foot to the extent of 50% and thus he became orthopedically .....

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Apr 23 2013 (HC)

Sebati Padhi and Another Vs. Child Welfare Committee, Cuttack and Othe ...

Court : Orissa

Decided on : Apr-23-2013

..... or neglected any other child, it canno.be said that kandhei is a child in need of care and protection. section 2(d) of the act which defines child in need of care and protection . is extracted hereunder: 2(d) child in need of care and protection . means a child(i) who is found without any home or ..... the premises of the temple, she was without any home or settled place of abode and without any ostensible means of subsistence. therefore, she is covered directly under section 2 (d) (i) and must be treated to be a child in need of care and protection . in the facts and circumstances of the case, she will ..... for the petitioners : (i) the child, kandhei canno.be said to be a child in need of care and protection . within the meaning of section 2 (d) (ii) as because there is no allegation or any proof of the conduct of the petitioners within the meaning of sub clause(a) or (b) of ..... child. the stand taken by the child welfare committee, 18 cuttack in their counter affidavit remains uncontroverted. the committee also called for and obtained report from the medical officer of mahidharpada phc which they took into consideration in passing the impugned order. rule 28 of the rules does no.prescribe in detail the manner of conducting ..... the child and discharge certificate of mahidharpada p.h.c. the committee also issued letter dated 29.09.2012 (annexure-a/7) to the medical officer of mahidharpada, phc seeking 8 confirmation about the birth of the child to opposite party no.3. on 17.10.2012 petitioner no .....

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Sep 27 2013 (HC)

Centurion University of Technology and Management, R Vs. State of Odis ...

Court : Orissa

Decided on : Sep-27-2013

..... or private training colleges in the state has been prohibited.43. in exercise of power conferred by sub-section (2) of section 32 of ncte act, 1993, the national council of teachers education made the national council for teachers education, regulations, 2009. regulations 5(1), 7(2) and 7(3) of regulations, 2009 read as follows : 5(1). an institution eligible under regulation 4, ..... normally disjunctive. the use of the word or in a statute manifests the legislative intent of the alternatives prescribed under law. hon ble supreme court in the case of indian medical association vs. union of india and others, (2011) 7 scc 179 held that the word 43 or is used to denote an alternative in a series of exclusive arrangements. ..... ncte regulations, 2009. opposite party no.1 vide letter dated 17.01.2012 (annexure-12), rejected the proposal of the petitioner-university for grant of recognition to provide b.ed. degree and c.t. training courses. challenging the said order of opposite party no.1 passed under annexure-12, the petitioner-university approached this court in w.p. (c) no.2656 ..... referring to the meaning of university . as defined in the cambridge international dictionary, and section 3(f) and section 3(o) of the act, 1969, it was submitted that the petitioner-institution comes within the definition of private educational institution. the constitutional validity of section 7e of the orissa education act was challenged before this court in the case of sri jayanarayan mohanty vs. state of .....

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