Court : Madhya Pradesh
Decided on : Jan-30-1989
Reported in : 1990MPLJ562
..... the child has to be denied to the mother, his natural guardian, on the ground of her mental disorder. as per section 6 of the hindu minority and guardianship act, 1956, custody of a minor who has not completed the age of five years shall ordinarily be with the mother. indeed ..... divorce, claimed on ground of mental disorder. it was held by their lordships that mere branding of spouse as schizophrenic is not sufficient and degree of mental disorder must be proved. the ratio of that decision applies mutatis mutandis to the facts of the instant case though, in this ..... her rejoinder dated 17-9-1988, supported by an affidavit, the petitioner has not disputed the authenticity of the letter, annexure r/ii. she has still filed two medical certificates establishing that she suffered no mental illness. one of the certificates is by dr. sheelendra chauhan of gwalior, dated 13-9 ..... and then, whatever information that appears lacking is collected through conversational channels......'' at another place, it is stated, 'a psychiatric history, like any other medical history, should start with a presentation of the 'chief complaint' or 'problem', by the patient and his relatives.....,' and that 'it is important to ..... occasion, assured petitioner's brother that the child will be restored to her and requested him not to follow up the pending proceedings under section 97, criminal procedure code in the hathras court; but the assurance has failed.5. in his return, the respondent denied receiving any dowry at all .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jan-30-1989
Reported in : 1990CriLJ1005
..... the child has to be denied to the mother, his natural guardian, on the ground of her mental disorder. as per section 6 of the hindu minority and guardianship act, 1956, custody of a minor who has not completed the age of five years shall ordinarily be with the mother. indeed, ..... divorce, claimed on ground of mental disorder. it was held by their lordships that mere branding of spouse as schizophrenic is not sufficient and degree of mental disorder must be proved. the ratio of that decision applies mutatis mutandis to the facts of the instant case though, in this ..... her rejoinder dated 17-9-1988, supported by an affidavit, the petitioner has not disputed the authenticity of the letter, annexure r/ii. she has still filed two medical certificates establishing that she suffered no mental illness. one of the certificates is by dr. sheelendra chauhan of gwalior, dated 13-9-1988 ..... any symptoms of the disease of 'psychotic depression' which the petitioner is said to suffer. on vague allegations and that too made by a medical-man like the respondent, it is difficult to give any credence to his claim that the petitioner suffers 'psychotic depression', if we have to ..... , and then, whatever information that appears lacking is collected through conversational channels....' at another place, it is stated, 'a psychiatric history, like any other medical history, should start with a presentation of the 'chief complaint' or 'problem', by the patient and his relatives...:.' and that 'it is important to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-26-1989
Reported in : AIR1990SC209; (1989)91BOMLR721; 1990CriLJ562; 1989(3)Crimes526(SC); 1989(3)Crimes526a(SC); I(1990)DMC1SC; JT1989(4)SC38; 1989(2)SCALE677; (1990)1SCC445; Supp1SCR292
..... to give to evidence, so that the rule against giving retrospective effect to acts of parliament did not apply.40. in herridge v. herridge,  1 aer 93 similar question arose, it was held that section 2(1) of the act of 1963 was a procedural provision, for it dealt with the adducing of ..... never be bound by any rule but that is coming itself dictates the consciousness and prudent exercise of the judgment. reasonable doubt is simply that degree of doubt which would permit a reasonable and just man to come to a conclusion. reasonableness of the doubt must be commensurate with the nature ..... husband after ravinder kaur, the deceased, got burns in not informing the parents and not taking prompt steps to take her to hospital for giving medical assistance corroborate the inference that these accused connived and abetted the crime. criminal charges must be brought home and proved beyond all reasonable doubt. while ..... in-law and the husband of the accused have been the abettors to the crime. the evidence further established that she died of second to third degree burns on the body, and there was sprawling of kerosene oil on her body and the body was burnt by fire. accused no. 3-smt. ..... the case for extraneous reasons.13. on june 27, 1983, dr. gurdip kumar uppal, medical officer, police hospital, amritsar conducted the post mortem examination on the dead body of ravinder kaur and found 2nd to third degree burns on the body of deceased.14. gurbachan singh alongwith his daughters and raj kumari, .....Tag this Judgment!
Court : Kerala
Decided on : Jan-25-1989
Reported in : 1989CriLJ1372
..... accused person may be suffering from some form of insanity in the sense in which the term is used by medical men, but may not be suffering from unsoundness of mind as contemplated under section 84 ipc. there can be no legal insanity unless cognitive faculties of the mind are, as a result of ..... court. the accused was arrested on 16-6-1984. he was admitted in the mental hospital only on 2-4-1985, that is 10 months after the date of occurrence. as indicated above pw.2 was definite that after her marriage with the accused till he was arrested, the accused had not suffered any mental ..... rested upon it to estabish an essential ingredient of the offence, namely the intention of the accused in inflicting a blow with a deadly weapon. section 84 of the penal code can no doubt be invoked by a person for nullifying the evidence adduced by the prosecution by establishing that he was ..... guilty to the charge, prosecution examined pws. 1 to 11 and marked exts. 1 to 6 and mos. 1 to 3. in his statement under section 313 of the criminal pc. the accused generally denied the incriminating circumstances appearing against him in the prosecution evidence and stated that he was suffering from insanity ..... render the offender incapable of knowing the nature of the act or that what he is doing is wrong or contrary to law. according to medical science, insanity is another name or term for mental abnormality due to various causes and existing in various degrees, and even uncontrollable impulse driving a man to kill or .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Decided on : Oct-23-1989
Reported in : (1990)(27)LC206Tri(Kol.)kata
..... in the personal memorandum of a diary.9. later, kripal mohan virmani was apprehended on 28.8.1986 and in his statement under section 108 of the customs act he stated harnam singh introduced hip to one surinder malhotra informing that he would help them in smuggling of hashish. he also stated that ..... before the dri and he and his brother were taken by the dri officers and he accepts that kripal mohan virmani will be subjected to third degree methods. so also, on 13.9.1 986 kripal mohan virmani had given an application to the learned magistrate stating that he was beaten and ..... of shri virmani cannot be relied upon as he was coerced and was assaulted and he had injuries on his body which was established by his medical examination. it is also stated that the statement of shri virmani's daughters are irrelevant and they are of no significance. it is also contended ..... establish some fictitious companies for export of hashish. as per their directions, shri subhas narang rented offices at 170, hari nagar ashram, new delhi and g-2, vishal market, parmanand colony, new delhi, that for running these two offices, shri subhas narang introduced himself as narinder kumar as per the direction of s ..... documents to shipping agents. after the winding up of earlier two firms, they floated two more fictitious firms-(1) m/s.northern exports, new delhi, (2) modern machinery and instruments, new delhi and that all documents for r.b.i. and trader bank were executed by subhas narang under the fictitious name .....Tag this Judgment!
Court : Kerala
Decided on : Oct-12-1989
Reported in : 1990CriLJ742
..... magistrate of the first class, kozhikodc. the detention is inside a room of the men's hostel attached to the medical college. the detention was first made under an order passed in the purported exercise of section 8 of the mental health act, 1987. on the expiry of the period of the original order, satyanathan was continued to be kept under detention by ..... time limit when he extended the period of detention of satyanathan on different occasions. the proviso to sub-section (2) imposes a ban on the magistrate against extension of the period of detention beyond a total period of 30 days. that sub-section reads thus:'(2) the magistrate may, from time to time, for the same purpose by order in writing authorise such further ..... in which another person without such mental irregularity will be able to do in the matter of his own. the idea suggests some derangement of the mind, whatever be its degree and it is not to be confused with or taken as analogous to a mere mental weakness or lack of intelligence. g. bhavanamma v. somaraju, air 1957 andh pra 938 ..... satyanathan himself for similar reliefs. in view of the petition filed by satyanathan, it is unnecessary to consider the locus standi of abdul kareem to challenge the orders affecting satyanathan.2. some more facts, which may be necessary for the disposal of these petitions, are the following. on 20-4-1989, shri t. gopala-krishnan nambisan, father of satyanathan (who is .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-28-1989
Reported in : I(1990)ACC3; AIR1989SC2039; 1990CriLJ671; 1989(3)Crimes156(SC); JT1989(3)SC496; 1989(2)SCALE380; (1989)4SCC286; 3SCR997
..... has also been produced. the secretary of the medical council of india in his affidavit referred to clauses 10 and 13 of the code of medical ethics drawn up with the approval of the central government under section 33 of the act by the council, wherein it had been said:10 ..... gradually increasing emphasis that position. a doctor at the government hospital positioned to meet this state obligation is, therefore, duty-bound to extend medical assistance for preserving life. every doctor whether at a government hospital or otherwise has the professional obligation to extend his services with due expertise ..... is on account of the prevailing police rules and criminal procedure code, which necessitate the fulfilment of several legal formalities before a victim can be rendered medical aid. the rationale behind this complicated procedure is to keep all evidence intact. however, time given to the fulfilment of these legal technicalities ..... of the patient is over. the treatment of the patient would not wait for the arrival of the police or completing the legal formalities.2. zonalisation as has been worked out for the hospitals to deal with medico-legal cases will only apply to those cases brought by the ..... the other hospital but before he could reach, the victim succumbed to his injuries.2. the secretary, ministry of health & family welfare of the union of india, the medical council of india and the indian medical association were later impleaded as respondents and return to the rule has been made by .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-25-1989
Reported in : 1991(53)ELT286(MP)
..... that for want of filing of proper receipts by the petitioner no definite reply can be given.14. we do not want to go into the question of the value of the aforesaid retractions because the statements recorded under section 108 of the customs act and the subsequent letters retracting the same may be a subject ..... car bearing registration no. cif 1529. he was given a signal to stop, but he did not stop. the car was chased and was intercepted near 2/1 new palasia, indore. the occupant of the car gave his name as ram kumar agrawal and a small bag was found kept between the two seats ..... officers of the excise department from his residence for alleged complicity in the offences under section 85 of the gold control act and section 135 of the customs act, 1962.3. according to the case of ..... degree method. the statements dated 3-4-1989 and 4-4-1989 of the detenu were written by the detenu in his own handwriting and were signed by him voluntarily. it has also been stated that on 5-4-1989 when produced before the court the detenu did not make any request for his medical ..... (i) and (iii) of the conservation of foreign exchange and prevention of smuggling activities act, 1974. the detenu is lodged in the central jail, indore and the superintendent of the central jail has also been made as respondent no. 4.2. according to the petitioner, on 3rd april, 1989 the detenu was arrested by the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-21-1989
..... that the executive branch generally subjects those desiring page 489 u. s. 678 a security clearance to "a background investigation that varies according to the degree of adverse effect the applicant could have on the national security"). it is not clear, however, whether the category defined by the service's testing ..... that she would be visited by a welfare caseworker minimized the intrusion on privacy occasioned by the visit). there is no direct observation of the act of urination, as the employee may provide a specimen in the privacy of a stall. further, urine samples may be examined only for the ..... those tests invade reasonable expectations of privacy. our earlier cases have settled that the fourth amendment protects individuals from unreasonable searches conducted by the government, even when the government acts as an employer, o'connor v. ortega, 480 u. s. 709 , 480 u. s. 717 (1987) (plurality opinion); see id. at 480 ..... fourth amendment. it first noted that "[t]he service has attempted to minimize the intrusiveness of the search" by not requiring visual observation of the act of urination and by affording notice to the employee that page 489 u. s. 664 he will be tested. id. at 177. the ..... positive test result, together with his or her medical history and any other relevant biomedical information." hhs reg. 1.2, page 489 u. s. 663 53 fed.reg. 11980 (1988); hhs reg. 2.4(g), id. at 11983. after verifying the positive result, the medical review officer transmits it to the agency. customs .....Tag this Judgment!
Court : Rajasthan
Decided on : Apr-12-1989
Reported in : 1989WLN(UC)73
..... than five years. [d] the rights conferred by or under the indian medical council act, 1956 (including the right to practise medicine as defined in clause (f) of section 2 of the said act), on persons possessing any qualifications included in the schedules to the said act.3. it is not disputed that the act came into force in rajasthan and all other states w.e.f ..... not brought to our notice and they also escaped our notice. the provision which escaped our notice is sub-section (3) of section 17 of the indian medicine central council act. the said sub-section is as under:(3) nothing contained in sub-section (2) shall affect;[a] the right of a practitioner of indian medicine enrolled on a state register of indian medicine to practise ..... practice indian system of medicine under the aforesaid rajasthan act on 1st october, 1976 and have applied for registration but his application was ..... 1st october, 1976 and whose names appear on the slate registers maintained under the rajasthan indian medicine act, 1953, shall have a right to practice the indian system of medicine despite the fact that above two degrees do not find mention in the schedule to the act after the year 1967. we may also make clear that any body who is entitled to .....Tag this Judgment!