Court : Allahabad
Decided on : Feb-17-2009
Reported in : 2009(3)AWC3157
..... on record and the parties have been examined and cross-examined on this issue but it is proved by documentary evidence, which is on record that sandhaya had been declared medically unfit way back on 12.12.1994 itself. this effort to suppress truth from the husband itself shows the bent of mind of sandhaya and her father.31. the sister ..... to live with other party ;(iii) mere coldness or lack of affection cannot amount to cruelty, frequent rudeness of language, petulance of manner, indifference and neglect may reach such a degree that it makes the married life for the other spouse absolutely intolerable ;(iv) mental cruelty is a state of mind. the feeling of deep anguish, disappointment, frustration is one spouse ..... counsel appearing for the appellant and sri shashi nandan, learned senior advocate assisted by sri anoop trivedi, for the respondent.2. this appeal arises out of proceedings under section 13(1)(a) of the hindu marriage act, 1955 (hereinafter referred to as the act) whereby marriage between the parties has been dissolved through a decree of divorce.3. the appellant, smt. sandhya singh and ..... and without the consent or knowledge of his wife and similarly, if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty ;(xii) unilateral decision of refusal to have intercourse for considerable period without there being any physical incapacity or valid reason may .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-06-2009
Reported in : AIR2009SC1568; 2009CriLJ1332; JT2009(2)SC413; 2009(2)SCALE302; (2009)4SCC18; 2009(2)ShimLC83; 2009(2)LC651(SC); 2009AIRSCW1096; 2009(3)KCCRSN161
..... is stated '......even slight penetration is sufficient and emission is unnecessary'. in halsbury's statutes of england and wales (fourth edition) volume 12, it is stated that even the slightest degree of penetration is sufficient to prove sexual intercourse. it is violation with violence of the private person of a woman-an-outrage by all means. by the very nature of ..... is liable to the same punishment which may be inflicted on the principal offender; (1) if the act of the latter is committed in consequence of the abetment and (2) no express provision is made in the ipc for punishment for such an abetment. this section lays down nothing more than that if the ipc has not separately provided for the punishment of ..... the doctor that the girl was of 18-19 years of age should be accepted. we are unable to accept this contention for the reasons that the expert medical evidence is not binding on the ocular evidence. the opinion of the medical officer is to assist the court as he is not a witness of fact and the evidence given by the ..... medical officer is really of an advisory character and not binding on the witness of fact.7. in state of chhattisgarh v. lekhram : 2006crilj2139 it was held that the register maintained .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-01-2009
Reported in : AIR2010SC1; 2010CriLJ517; 2009(14)SCALE220; (2010)2SCC9
..... had completely ravished her.17. shri fakhruddin, learned senior counsel appearing for the appellant strenuously contended before us that keeping in mind the medical report of the prosecutrix reflecting her hymen was still in-tact, would be indicative of the fact that no intercourse was at all committed ..... occurred or not is a legal conclusion, not a medical one.27. similarly in parikh's textbook of medical jurisprudence and toxicology, 'sexual intercourse' has been defined as under:sexual intercourse.- in law, this term is held to mean the slightest degree of penetration of the vulva by the penis with ..... code (for short, `ipc') and the co-accused sneh lata was charged under sections 342 and 366, ipc in the court of iii additional sessions judge, bhopal in sessions case no. 53/89.2. judgment was pronounced in the said sessions case on 17th may 1991 wherein and ..... section 161, code of criminal procedure, she narrated the true and correct story and the manner in which rape was committed on her. she has categorically deposed that the appellant removed her underwear, lied on her, put his male organ into her private part and was moving up and down. according to her, he committed bad act ..... or without emission of semen. it is therefore quite possible to commit legally the offence of rape without producing any injury to the genitals or leaving any seminal stains.28. if the aforesaid facts are kept in mind, it cannot be disputed that the act .....Tag this Judgment!
Court : Delhi
Decided on : Aug-28-2009
Reported in : (2009)226CTR(Del)27; 321ITR73(Delhi); 183TAXMAN462(Delhi)
..... with its interpretation:15. the main point urged by mr. wazir singh was based on the definition of 'charitable purpose' stated in section 2(15) of the act. this definition as in the 1961 act is as follows:'charitable purpose' includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility not involving the carrying ..... clearly fall in those category of institutions which are devoted to research and are of charitable nature. definition of charitable purpose. is contained in section 2(15) of the act, which is as under:charitable purpose includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility.the aforesaid objective of the ..... was awarded this fellowship on the research project legal protection of intellectual property in information technology industry. the completion of such research projects lead to award of doctoral degree by the guru gobind singh indraprastha university. surprisingly, only on the figment of imagination that a fellow leaves in the middle of the programme or finishes early with ..... singh indraprastha university for offering ph.d. programmes, which was granted. as a result, it enrolls research fellows and on successful completion of research study, a doctoral degree is granted by the university to those research fellows. during the past few years, the other projects and the nature of research conducted by the petitioner foundation included the .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-03-2009
Reported in : 2009(4)KCCR3068.
..... and there are no aided colleges in the state of karnataka. the total seats available in the government dental college to the post graduate degree and diploma course is 21, out of which 10 seats are reserved to be allotted under all india quota and the remaining 11 seats ..... the consensual agreement.12. it is also important to notice here that very rarely very few disabled persons successfully face challenges of life and obtain degrees and aspire for the post graduate professional course. in order to provide opportunities in higher education to these deserving disabled persons, it is necessary ..... that there are no aided dental colleges in the state of karnataka. the total seats available in the government dental college to the post graduate degree and diploma course are 21. out of 21 seats, 10 seats are reserved to be allotted under the all india quota. remaining 11 ..... reasons, i pass the following older.i) writ petition is allowed in part.ii) state government is directed to follow the provisions contained under section 39 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 and earmark 3% seats for the 'physically handicapped' persons out of ..... admittedly this exercise is not done.15. unfortunately admission to the post graduate degree and diploma courses have been completed on 31.05.2009. the calendar of events is fixed pursuant to the judgment of the apex court in medical council of india v. madhu singh and ors. : (2002) 7 s. .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Apr-24-2009
..... non-pecuniary damages are those which are incapable of being assessed by arithmetical calculations. in order to appreciate two concepts pecuniary damages may include expenses incurred by the claimant: (i) medical attendance; (ii) loss of earning of profit up to the date of trial; (iii) other material loss. so far as non-pecuniary damages are concerned, they shall include: (i) damages for ..... also not be assessed in so liberal a fashion so as to make it a bounty to the claimant. the court while assessing the compensation should have regard to the degree of deprivation and the loss caused by such deprivation. the compensation or damages assessed for the personal injuries should be substantial damages to compensate the injured for the deprivation suffered ..... these the pecuniary losses themselves comprise two separate items, viz., the loss of earnings and other gains which the plaintiff would have made had he not been injured and the medical and other expenses to which he is put as a result of the injury, and the courts have sub-divided the non-pecuniary losses into three categories, viz., pain and ..... motor vehicles act are well settled. injuries cause deprivation to the body which entitle the claimant to claim damages. the damages may vary according to the gravity of the injuries sustained by the claimant in the accident. on account of the injuries, the claimant may suffer consequential losses such as, (i) loss of earning; (ii) expenses on treatment which may include medical expenses .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Mar-12-2009
..... industries central, kargil; chief education office kargil; tourism department kargil; handicraft department kargil; district hospital kargil; weights and measures department kargil; chief medical officer kargil and assistant labour department kargil also required computers but for purchase of computers tenders were not floated and in cruel disregard to the ..... was approached by filing of applications as also by making oral requests for taking decision in the matter.3. the petitioner further submits that principal degree college kargil floated tender for supply of computers and other connected accessories vide tender notice no. gdc-k/acctt- 12/333- 50 dated ..... to take a decision with regard to tender issued by way of annexure a by invoking article 226 of constitution of india read with section 103 of constitution of j&k.;b. writ of certiorari quashing supply orders issued in favour of respondent no. 6 in violation of ..... the constitutional court to pass appropriate orders and issue appropriate directions, as otherwise, it would tent-amount to placing premium on the un-constitutional acts of the respondents 7 to 14.25. this writ petition is accordingly disposed of with the following directions:a) the respondent no. 3, ..... relief which the hon'ble court deems fit and proper in the circumstances of the case be granted in favour of petitioner against respondent.2. briefly stated the case of petitioner is that he is an engineering graduate and as he could not secure government job, in order .....Tag this Judgment!
Court : House of Lords
Decided on : Jun-10-2009
..... siacs decision to uphold the certification and maintain the detention was based solely or to a decisive degree on closed material, the procedural requirements of article 5(4) would not be satisfied. as your lordships have pointed out, section 2(1) of the human rights act 1998 requires the house to take any such judgment into account. whatever latitude this formulation may permit ..... case against the state to which it was proposed to deport him. 114. your lordships are therefore bound to apply a in the determination of these appeals. section 2(1) of the human rights act 1998 requires the house to take any such judgment into account and a could hardly be more authoritative, contemporary or closer in point than it is. what then ..... and what appeared at that time to be indefinitedeprivation of liberty on the applicants fundamental rights". whilst, however, non-derogating control orders, such as those under challenge here, by definition involve no deprivation of liberty, they involve the severest possible restrictions on a number of important convention rights (and, of course, on freedom of movement albeit the uk have not ..... out after discussion with the patients own advocate and in the light of the opinions of the patients own independent medical adviser. 106. under the principles applied to control order cases, that balancing act is largely left to the secretary of state. so there are bound to be many more cases than i anticipated where the judge is forced to .....Tag this Judgment!
Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on : Nov-03-2009
..... son. but, in the instant case, patient and victim of medical negligence as alleged is the major son. but, since he is rendered disabled allegedly because of these two hospitals, we hold that in such contingencies, the father can be treated as consumer within meaning of section 2(1)(d)(ii) of consumer protection act, 1986 and as such consumer complaint as filed by father ..... of the supreme court, complaint can be filed by him on behalf of his son, who was disabled. the consumer protection act, 1986 is a benevolent social legislature. therefore, looking to the scope of section 2(1)(d) and other relevant sections, we hold that even father of disabled child can be held to have legal competence to file consumer complaint on behalf of ..... in 2001 itself and therefore, this affidavit must be discarded in toto. moreover, affidavit of an expert, who is md in forensic medicine, cannot be acted upon even otherwise to hold o.ps. guilty of medical negligence because this case was pertaining to neurosurgery, plastic surgery and disablement arising out of treatment given to mahendra more when his bedsores and muscle contractures ..... the hospital. he was also informed about line of treatment by hospital vide letter no.hosp/r/npt/3672 dated 8th july 1998 by the chief medical officer, which was self-explanatory. o.p.no.2 pleaded that the patient was shifted from port trust hospital after completion of course of 21 sitting as advised by dr.sushil patkar, consultant neurosurgeon of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-09-2009
Reported in : JT2009(9)SC552; (2009)IVLLJ310SC; (2009)8MLJ134(SC); 2009(9)SCALE504; 2010(1)SLJ91(SC)
..... category medical examination, is baseless. it is unfortunate that the high court has totally misunderstood the scope and purport of section 47(2) of the act and the decision in sanjay kumar jain.12. sub-section (2) of section 47 provides that no promotion shall be denied to a person merely on the ground of his disability. 'disability' as per the definition in section 2(i) ..... impairment, locomotor disability, mental retardation; and mental illness. 'person with disability' is defined in clause (t) of section 2, as a person suffering from not less than forty percent of any disability as certified by a medical authority. what is significant is all ..... of the act, means blindness; low vision; leprosy-cured, hearing ..... eye with correcting lenses; or (iii) limitation of the field of vision sub tending an angle of 20 degree or worse. 40% disability referred to in section 2(t) to identify persons with disabilities, will apply to categories (ii) and (iii) of section 2(b) but will be irrelevant in regard to persons with total absence of sight falling under category (i) .....Tag this Judgment!