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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Sorted by: old Court: kolkata Year: 2009 Page 1 of about 58 results (0.080 seconds)

Feb 05 2009 (HC)

University of Calcutta and ors. Vs. Pritam Rooj

Court : Kolkata

Decided on : Feb-05-2009

Reported in : AIR2009Cal97

..... the grounds urged therein. his submissions are noted hereunder:10. he referred to the definition of 'information' and 'right to information', appearing in section 2(f) and 2(j) of the rti act to contend that the inclusive definition of 'information' under section 2(f) is restricted by the provision contained in section 2(j) in the manner that 'information' would have to be an information accessible ..... according to him, an answer script is a 'paper' and a hand-written document, i.e. a manuscript and, therefore, would directly be embraced by the definition 'information' in section 2(f). on the right of an examinee to claim inspection of his answer, scripts, he contended that one has a right to obtain information subject to the provisions ..... under the rti act, and if such an information is accessible under the rti act, then only the incidental/explanatory/inclusive ..... to console themselves with the thought that not they, but the examiners who are to be blamed.62. in west bengal board of examination for admission to engineering, medical and technological degree colleges and ors. v. dr. jitendra lal banerjee and ors. reported in : air1984cal52 it was observed in paragraph 18 as follows:in our opinion, there is .....

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Feb 09 2009 (HC)

Jayanta Mukherjee Vs. State of West Bengal and anr.

Court : Kolkata

Decided on : Feb-09-2009

Reported in : 2009CriLJ4178

..... . 140/2003, 182/2004 and 167/2004 dealt with cognizable offence and as such the police officer in terms of provision under section 2(c) read with section 154 of the code of criminal procedure is entitled to arrest a person without warrant and at the same time empower to investigate ..... member of the armed forces of the union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the central government.(3) the state government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of ..... every offence committed by a public servant while engaged in the performance of his official duty, which is entitled to the protection of section 197(1), an act constituting an offence, directly and reasonably connected with his official duty will require sanction for prosecution under the said provision. as pointed out ..... specified number of persons falling within the ambit of the said definition. but in my view every public servant coming within the purview of section 21 of the indian penal code, cannot and does not fall within the ambit of section 197 of the code of criminal procedure. in order to come ..... person. the husband of the defacto complainant was removed to kharagpur hospital for medical treatment but he expired.5. initially a case being kharagpur (town) police case no. 183 dated 13-7-2004 was registered under sections 302/34 of the indian penal code but ultimately investigation was taken up by .....

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Jun 12 2009 (HC)

Madhai Naskar Vs. New India Assurance Co. Ltd. and ors.

Court : Kolkata

Decided on : Jun-12-2009

Reported in : AIR2010Cal23

..... and breathing trouble. the doctor never said that it was beyond treatment. on a combined reading of the deposition of doctor mondal and his certificate we search in vain any definite assertion to the extent that his injury was beyond repair. it is also clear that doctor mondal never treated the appellant. in such event, we cannot satisfy ourselves to the ..... .000/- as general damage. the learned tribunal observed that there was insufficient medical evidence tendered. hence this appeal by the appellant.2. mr. krishanu banik, learned counsel, appearing for the appellant has contended as follows:i) under section 142 of the motor vehicles act, 1988 (hereinafter referred to as the said act of 1988) the permanent disablement has been defined which includes destruction or permanent ..... . 25,000/- which is commonly called as 'no fault liability'. we find from section 142 that permanent disablement includes destruction or permanent impairing of the powers of any member of joint. in the instant case, the appellant sustained injury on his nose that had ..... mr. banik has also taken us to the deposition of dr. mondal before the learned tribunal.4. we have perused the relevant provisions of the act so highlighted by mr. banik. we find that under section 140 in case of permanent disablement the claimant in addition to other procedure for adjudication of the compensation is entitled to a fixed sum of rs .....

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Jun 18 2009 (HC)

Employees' State Insurance Corporation Vs. Indrawati Debi and Ors.

Court : Kolkata

Decided on : Jun-18-2009

Reported in : (2010)ILLJ465Cal

..... was declared that his death was due to rabies, which was not an employment injury, the family was not entitled to compensation as per section 46 of the employees' state insurance act, 1948. in support of the claim the widow and the brother of the deceased victim deposed before the e.s.i. court. both ..... the manager who conducted the investigation. the learned judge took immense pain in discussing: the symptom as well as the treatment of rabies from the medical journals as well as medical jurisprudence. he ultimately came to a finding that the family of the deceased deserved compensation. 5. the learned judge observed that the applicants would be ..... discharge certificate, appearing at page 32 of the paper book that he died of rabies. the learned judge took immense pain to go through medical journals as well as medical jurisprudence and ultimately came to a finding that it was a case of employment injury and the benefit must be given to the family.10. ..... hand-over the cheque drawn directly in their respective names in proportionate share within the said period.11. both the claimants being the respondent nos. 1 and 2 would be entitled to cost of this appeal assessed at rs. 5,000/- each to be paid to them along with the compensation as directed above.12. ..... 1. we are shocked to note the fact of this case. we feel ashamed recording those facts.2. an illiterate or half-literate person working as a labour in kesoram industries ltd. (textile unit) fell down within the factory premises on february .....

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Jul 10 2009 (HC)

Baishali Hom Chaudhuri Vs. the Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Jul-10-2009

..... 13 and section ..... ', as do section 12, section ..... in section 13 of the act applies to medical degrees obtained from institutions included in the second schedule to the act. 23. for the purpose of the assessment in this matter, the key expression appears to be 'recognised medical qualification' which is defined in section 2(h) of the said act to mean any of the medical qualifications included in the schedules. section 11 of the act contains the expression 'recognised medical qualifications .....

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Jul 30 2009 (HC)

Pranab Kanti Sen and anr. Vs. the State of West Bengal and anr.

Court : Kolkata

Decided on : Jul-30-2009

Reported in : 2010CriLJ162

..... in 1996 scc (cri) 1124. the decision in united flour mills (supra) is in connection with a case under the p.f. act. here the maintainability of the revisional application under section 482 of the cr.p.c. was in question at the stage when a witness was examined. this decision does not in the circumstances ..... of a deformed child. professor and head of the department, forensic and state medicine, dr. a.k. gupta opined that the drugs administered indicated for the medical termination of pregnancy upto 49 days of pregnancy and normal development of foetus was likely to be hampered. dr. milan rani biswas and dr. bimala goenka stated ..... nursing home for abortion of the child in the womb. where there has been given consent for abortion by the o.p./no. 2 there cannot be any framing of charge under section 313 of the i.p.c. it is submitted by mr. bagchi that there had been a courtship between the couple for ..... documents were collected and upon closure of investigation the police submitted charge-sheet against the petitioner no. 1 and 2 under sections 498a/406/34 of the i.p.c. and against the petitioner no. 3 under sections 498a/406/313/34 of the i.p.c.4. learned additional sessions judge, fast track court no. ..... be said to be conclusive because it was obtained with a view to the o.p. no. 2's eagerness to kill the child in womb. the petitioner no. 3 administered some medicines which according to the medical expert were dangerous and it would have had resulted in the birth of a deformed child. i .....

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Aug 04 2009 (HC)

Tapas Ghosh Vs. the State of West Bengal

Court : Kolkata

Decided on : Aug-04-2009

..... permit us in taking any lenient view on the plea that the victim, though not a major, reached the age of discretion.22. the definition of 'rape' under section 375 of the indian penal code makes the consent of the victim girl irrelevant when she is less than 16 years of age.23. considering ..... . on the basis of such written complaint, f.i.r. 276 dated 5th november, 1998 was made and accordingly, shibpur police station started a case under section 376 of the indian penal code.6. police authority after completion of investigation submitted charge sheet. the case was subsequently committed to the court of sessions. learned ..... conceived. she was reluctant to attend coaching centre after durgapuja vacation. her mother, however, forced her for attending the coaching centre. p.w.1 disclosed such act of the accused person to her parents. her father lodged a complaint. the statement of p.w.1 was recorded by magistrate. p.w.1 identified her ..... mouth was pressed by the accused with his hands. the accused told her to attend such coaching centre every alternate day. he used to repeat such act. p.w.1 categorically mentioned that she was only 13 years and a few months of age at that time. p.w.1 continued to suppress ..... in the hospital. she underwent x-ray as well as other medical tests. she identified her signature on the clinical examination report. p.w.1 denied to have any consent in such sexual activity. p.w.2 is the father of the victim girl. he produced the birth certificate of p.w.1, which had .....

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Sep 04 2009 (HC)

Prakash Chandra Biswas Vs. New India Assurance Co. Ltd. and anr.

Court : Kolkata

Decided on : Sep-04-2009

Reported in : AIR2010Cal19

..... law in motion. the f.i.r. does not constitute substantive evidence. it can be used only for the purpose contemplated under section 157 or section 145 of the evidence act that is for corroborating or contradicting its maker only and not of other witnesses.18. since the appellant's testimony on oath ..... not binding upon the tribunal while deciding the proceedings under section 166 of the act and the said decision cannot be res judicata.10. learned counsel for the insurance company did not dispute about the genuineness of the medical certificate, medical bills, prescriptions, money receipts that had been produced before the learned tribunal in support ..... the process, he lost his initial power and function of both the arms.4. according to testimony of dr. p. k. mondal (p. w. 2) and medical certificate produced on his behalf (exhibit 7), his permanent disablement was to the extent of 30%. the claimant also produced the document showing his income to ..... p. s. while he was travelling in the offending mini bus bearing no. w. b.-19/6220 from b. b. d. bag to jagaddal.2. being dissatisfied, the claimant has come with the present appeal.3. according to the claimant/appellant, he was involved in the said accident by which he ..... v. act and having regard to the totality of the facts and circumstances of the present case, we hold that the claimant/appellant is also entitled to receive simple interest at the rate of 6% per annum from the date of filing of the claim application that is from 1-2-1999 .....

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Sep 10 2009 (HC)

Arvind Kumar Ojha Vs. Eastern Coalfields Ltd. and ors.

Court : Kolkata

Decided on : Sep-10-2009

..... view the points taken in the amendment application.17. first, he urged that on the basis of the allegation contained in the charge- sheet it cannot be contended with any degree of conviction that the petitioner had committed misconduct. the petitioner was charged with remaining absent without permission/satisfactory cause. assuming for the sake of argument that the petitioner was absenting ..... without sufficient cause. the petitioner had been suffering for long and on the date he intended to resume duty, he had even submitted medical certificate from his attending physician. he being prevented by sufficient cause from attending duty, the act complained of did not amount to misconduct.18. secondly, by inviting my attention to the enquiry proceedings, he submitted that before the ..... the petitioner being guilty of suppressing material facts was not entitled to any relief from the court of writ.9. the charge-sheet against the petitioner dated 26.1./1.2.1994 was issued by the manager, jhanjra area. it was alleged therein that the petitioner had been absenting continuously from duty since 1.10.1993 and still continuing without permission ..... propose to do that. i have considered the writ petition on its merits. even then, i do not find any justification to exercise writ powers in favour of the petitioner.2. the petitioner was rendered 'land loser' as a consequence of acquisition of land by eastern coalfields limited (hereafter ecl). in pursuance of a scheme introduced by ecl for appointing ' .....

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Sep 16 2009 (HC)

Lalpari Devi (Pandit) Vs. the State of West Bengal

Court : Kolkata

Decided on : Sep-16-2009

..... time of making such statement. the absence of such a certificate from the doctor recording such statement as to the fitness of the patient is definitely a serious infirmity in regard to the dying declaration. in view of such infirmity it is necessary to look for corroboration being the rule of ..... presence the declaration was recorded has not been examined. the autopsy surgeon (p.w. 11) noted the injuries as noted below:1. 1st and 2nd degree burn injuries over the both arms, both the fore-arms with developed appearance of the both hands, face, chest including the both breasts, abdomen, genitals ..... , the hooghly p.s. case no. 281 dated 03.9.1989 was started. after completion of investigation charge sheet was submitted.2. the charges were framed under sections 448 and 302 of the indian penal code to which the accused pleaded not guilty and claimed to be tried. in this case ..... to make statement for which purposes not only the evidence of persons recording dying declaration but also cumulative effect of the other evidence including the medical evidence and the circumstances must be taken into consideration.15. in the instant case it appears that there is no certificate from the doctor ..... . whether it is safe to act upon a dying declaration depends upon not only the testimony of the person recording dying declaration - be it even a magistrate but also all the material available on record and the circumstances including the medical evidence. the evidence and the material available on record must .....

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