Articles for Medical Evidence

'Accused Acquitted Due To Shortfalls In Probe': Kerala HC Calls For Scientific Investigation Methods, Centralized Knowledge Repository
6 days, 7 hours ago

'Accused Acquitted Due To Shortfalls In Probe': Kerala HC Calls For Scientific Investigation Methods, Centralized Knowledge Repository

Live Law  

The Kerala High Court underscored the importance of conducting effective investigation by the police by scientific methods of investigation technology, by not just relying on traditional methods of collecting evidence for ensuring a robust and efficient investigation process. The Court observed that the investigating officer failed to gather any evidence regarding the appellant's mental condition, did not mention her treatments, …

Investigation Evidence Court Medical Evidence Mental Scientific State
New evidence of historical Japanese germ-warfare unit on display
1 week, 3 days ago

New evidence of historical Japanese germ-warfare unit on display

China Daily  

Photo taken on Dec 12, 2024 shows the archives of germ-warfare activities conducted by the Unit 731 of the Japanese Imperial Army during World War II, at the Exhibition Hall of Evidences of Crime Committed by Unit 731 of the Japanese Imperial Army in Harbin, Heilongjiang province. Nearly 2,100 items, including archives, historical materials, relics and publications collected by the …

China Research Medical War Exhibition Evidence Japanese
Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court
2 weeks, 6 days ago

Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court

Live Law  

Highlighting the critical role of medical evidence in criminal trials, the Jammu and Kashmir and Ladakh High Court has observed, that the evidence of a medical witness is very crucial to corroborate the case of prosecution and it is not merely a check upon testimony of eyewitnesses as it is also independent testimony because it may establish certain facts, quite …

Court Medical Evidence Prosecution Case Singh Koul Ravinder Singh
SC Rejects Medical Negligence Claim in Minor Eye Surgery Case
Trending News
1 month, 3 weeks ago

SC Rejects Medical Negligence Claim in Minor Eye Surgery Case

Hindustan Times  

The Supreme Court has ruled that medical professionals cannot be held liable for negligence solely because surgery or treatment does not produce the expected results. The court emphasized that a poor outcome does not necessarily equate to negligence, and that medical procedures come with inherent risks and the unpredictability of outcomes should not automatically lead to the conclusion of malpractice.

Law Medical Negligence Bolam Test Medical Professionals Chandigarh
Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC
3 months, 1 week ago

Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC

Live Law  

The Jharkhand High Court has reiterated that sexual assaults, typically not occurring in public, do not necessitate corroboration in every instance. The court highlighted that unless a victim's testimony contains something significantly unusual, it should not be dismissed solely for lack of medical evidence. The division bench, led by Justices Ananda Sen and Gautam Kumar Choudhary, noted, “At the outset, …

Evidence Court Medical Evidence Case Ipc Fir Act
Calcutta High Court Weekly Round-Up 13th May To 19th May, 2024
7 months ago

Calcutta High Court Weekly Round-Up 13th May To 19th May, 2024

Live Law  

NOMINAL INDEXBadal Kumar Mandal vs. Chairman Indian Museum Board Of Trust And Ors. The Election Commission of India and others 2024 LiveLaw 123 Balgopal Merchants Private Limited Versus The Principal Commissioner Of Income Tax -2, Kolkata 2024 LiveLaw 124 Commissioner Of Customs Versus Shri Rajendra Kumar Damani @ Raju Damani 2024 LiveLaw 125 Principal Commissioner Of Income Tax, Asansol Versus …

India Justice High Court Writ Petition Court Medical Evidence Income Tax
Evidence Of Prosecution Witness Being Inconsistent With Medical Evidence Is Most Fundamental Defect In Prosecution's Case: Calcutta High Court
7 months, 1 week ago

Evidence Of Prosecution Witness Being Inconsistent With Medical Evidence Is Most Fundamental Defect In Prosecution's Case: Calcutta High Court

Live Law  

The Calcutta High Court has recently held that if there is an inconsistency between the evidence of the witness for the prosecution and medical evidence, it would signify a fundamental defect in the case of the prosecution, which unless reasonably explained would discredit the entire prosecution case. A single bench of Justice Shampa Paul modified the sentence imposed on the …

Medical High Court Evidence Court Medical Evidence Prosecution Case
Bombay High Court Monthly Digest: March 2024
8 months, 1 week ago

Bombay High Court Monthly Digest: March 2024

Live Law  

Nominal Index Maharashtra State Electricity Distribution Company Ltd. v. Ramchandra s/o. “It would be necessary to video record any proceeding relating to the Scheduled Castes and Scheduled Tribes Act 1989 even though the proceedings are held in open court.Hearing of a bail application under section 14-A of the Scheduled Castes and Scheduled Tribes Act 1989 is a 'judicial proceeding' as …

India Justice Mumbai Court Uttar Pradesh Domestic Violence Maharashtra
Supreme Court Annual Digest 2023- Indian Evidence Act, 1872
11 months, 2 weeks ago

Supreme Court Annual Digest 2023- Indian Evidence Act, 1872

Live Law  

Absconding Effects of Absconding - Mere absconding by itself cannot constitute a sole factor to convict a person. 2023 LiveLaw 814 Law with regard to conviction based upon circumstantial evidence - Circumstances from which the conclusion of guilt is to be drawn should be fully established - Circumstances concerned “must or should” and not “may be” established - There is …

Supreme Court Evidence Court Evidence Act Secondary Evidence Medical Evidence Police Custody
S. 304 IPC | Andhra Pradesh High Court Sets Aside Conviction Upon Finding 'Glaring Inconsistencies' Between Ocular And Medical Evidence
1 year ago

S. 304 IPC | Andhra Pradesh High Court Sets Aside Conviction Upon Finding 'Glaring Inconsistencies' Between Ocular And Medical Evidence

Live Law  

The Andhra Pradesh High Court has set aside a conviction under section 304 of the IPC upon finding that the trial court overlooked the 'glaring inconsistencies between the ocular/eyewitness testimony and medical evidence.' Ravindra Babu held: "Though the prosecution examined direct witnesses who alleged overt acts against the accused, but their ocular testimony has no corroboration from the medical evidence. …

Death Medical Injuries Evidence Court Medical Evidence Prosecution
Madras High Court Monthly Digest - October 2023
1 year, 1 month ago

Madras High Court Monthly Digest - October 2023

Live Law  

Citations: 2023 LiveLaw 296 To 2023 LiveLaw 334 NOMINAL INDEX The Director General of Police v D Jayakumar, 2023 LiveLaw 296 The Justice Basheer Ahmed Sayeed College for Women v The State of Tamil Nadu, 2023 LiveLaw 297 Major General AK Gupta v State, 2023 LiveLaw 298 Selva Muthukumar and Others v State, 2023 LiveLaw 299 AS Shanmugha Rajan v …

India Tamil Nadu Court Medical Evidence New Zealand Nigeria Indian
Mothers accused of harming their babies are turning to the same science that freed Kathleen Folbigg
1 year, 6 months ago

Mothers accused of harming their babies are turning to the same science that freed Kathleen Folbigg

CNN  

Brisbane, Australia CNN — Kathleen Folbigg had her first child at 21, and like most new moms kept a diary of the times her baby fed, slept, burped and bathed. Kathleen’s conviction was the only one left standing,” said Cunliffe, who made a case for Folbigg’s freedom in her 2011 book “Murder, Medicine and Motherhood.” In all cases, the convictions …

Science Child Abuse Medical Evidence British Review Accused Cnn
[Section 377 IPC] Incomplete Anal Intercourse Prima Facie Proves Penetration, Sufficient To Proceed With Prosecution: Calcutta High Court
1 year, 9 months ago

[Section 377 IPC] Incomplete Anal Intercourse Prima Facie Proves Penetration, Sufficient To Proceed With Prosecution: Calcutta High Court

Live Law  

The Calcutta High Court has refused to quash the criminal proceedings initiated against a medical professional ) under Section 377 of IPC for allegedly forcing anal intercourse on a 1st year medical student at the hospital of his residency.While the medical examination of the complainant-victim did not evidence complete anal intercourse, the single judge bench. The Calcutta High Court has …

Medical Court Ipc Anal Prima Facie Calcutta High Court 377
POCSO Cases: Special public prosecutors in T.N. get competency enhancement training
1 year, 11 months ago

POCSO Cases: Special public prosecutors in T.N. get competency enhancement training

The Hindu  

Despite the many hurdles faced, by and large public prosecutors in Tamil Nadu have shown a lot of sensitivity when it comes to cases under the POCSO Act, 2012, as everyone has the protection of children in mind, said Justice P. N. Prakash, Judge, Madras High Court and Chair, POCSO and Juvenile Justice Committee. Justice Prakash was speaking at the …

Justice Medical Evidence Child Public Prosecutors Prosecutors Act Pocso
Medical Evidence Has Evidentiary Value In Murder Cases, Can't Be Used To Fix Guilt In Case Of Suicide: Tripura High Court
2 years, 4 months ago

Medical Evidence Has Evidentiary Value In Murder Cases, Can't Be Used To Fix Guilt In Case Of Suicide: Tripura High Court

Live Law  

The Tripura High Court has observed that medical evidence has its evidentiary value in the case of murder. It observed that the case relates to "suicide" and hence medical evidence cannot fix the guilt. The prosecution heavily relied on the statement made P.W.1 who submitted that one Gita Das, a local leader along with other party workers on the previous …

Medical Evidence Medical Evidence Case Appellant Evidentiary Value Suicide Tripura
Indore: 8 students of government medical college booked for ragging
2 years, 4 months ago

Indore: 8 students of government medical college booked for ragging

Hindustan Times  

As many as eight unidentified senior medical students of Mahatma Gandhi Medical College, Indore, were booked for assaulting, ragging and forcing first-year students for doing obscene acts, said police on Tuesday. “The senior medical students used to call the junior students at their rented flats where they used to force them to do obscene acts with classmates and pass obscene …

Medical Students Fir Complaint Filed Senior Ragging
Dysfunctional Limbs Render 100% Functional Disability: Karnataka High Court Orders ₹21.86 Lakh Compensation For Minor Victim In Motor Accident
2 years, 5 months ago

Dysfunctional Limbs Render 100% Functional Disability: Karnataka High Court Orders ₹21.86 Lakh Compensation For Minor Victim In Motor Accident

Live Law  

The Karnataka High Court has said if the medical evidence indicates that a minor child cannot straighten one of the lower limbs and one of the upper limbs has lost its power for use, it is as good as the human body becoming useless, so far as the person's ability to work and earn livelihood is concerned. In other words, …

Compensation Court Medical Evidence Tribunal Human Kar Minor
Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court
2 years, 8 months ago

Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court

Live Law  

The Supreme Court observed that the testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omissions.The bench comprising CJI NV Ramana, Justices Krishna Murari and Hima Kohli also observed that medical evidence adduced by the prosecution has great corroborative value.The court was considering appeals filed against the Patna High Court. The court …

Supreme Court Trial Evidence Witness Criminal Medical Evidence Prosecution
Supreme Court Criminal Law Digest 2021 [Part 1- CrPC-IPC-Evidence ]
2 years, 11 months ago

Supreme Court Criminal Law Digest 2021 [Part 1- CrPC-IPC-Evidence ]

Live Law  

Code of Criminal Procedure, 1973On Bail and Anticipatory Bail An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge SheetA bench comprising Justices L. Nageswara Rao, Navin Sinha and Indu Malhotra held that an accused who was released on default bail cannot be. Section 313 CrPC Statement By Accused Is Not A Substantive Evidence To …

Law India Karnataka Odisha Kerala Supreme Court High Court
Supreme Court Monthly Digest: November 2021 [Citation: LL 2021 SC 617 To LL 2021 SC 695]
3 years ago

Supreme Court Monthly Digest: November 2021 [Citation: LL 2021 SC 617 To LL 2021 SC 695]

Live Law  

Insurance Claim Liable To Be Rejected If Premium Was Not Paid On Due DateThe Supreme Court observed that it is not permissible to rewrite the contract while interpreting the terms of the Insurance Policy. A Bench comprising CJI NV Ramana, Justices Surya Kant and Hima Kohli observed, "We are afraid, the plea of waiver taken against the appellant-State on the …

India Karnataka Kerala Delhi Disciplinary Proceedings Supreme Court High Court
Has Not The Apex Court Done Violence To Section 149 IPC?
3 years ago

Has Not The Apex Court Done Violence To Section 149 IPC?

Live Law  

I chanced to peruse a Judgment dated 23-11-2021 by a two – Judge Bench of the Supreme Court of India in Criminal Appeal No: 31 of 2019, forwarded to me by a senior Advocate of the Supreme Court. SECTION 149 IPC 1 If an offence is committed by any member of an unlawful assembly in prosecution of the common object …

High Court Assembly Court Medical Evidence Air Courts State
Supreme Court Weekly Round Up- November 22 To November 28, 2021
3 years ago

Supreme Court Weekly Round Up- November 22 To November 28, 2021

Live Law  

Arbitrator Cannot Modify Award On An Application Under Section 33 Arbitration Act: Supreme CourtCase name: Gyan Prakash Arya vs Titan Industries Limited Citation: LL 2021 SC 669The Supreme Court observed that an Arbitrator cannot modify an Arbitration award on an application filed under Section 33 of the Arbitration and Conciliation Act. Arbitrator Cannot Modify Award On An Application Under Section …

Delhi Supreme Court Land Use Evidence Gujarat Medical Evidence Haryana
Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder
3 years ago

Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder

Live Law  

The Supreme Court has converted the conviction of appellants from Murder to Voluntarily causing grievous hurt by dangerous weapons under the Indian Penal Code on the basis of inconsistencies between oral testimony of witnesses and medical evidence on record.A Bench of Justices L.Nageswara Rao and B.V.Nagarathna relied on Amar Singh v State of Punjab, wherein the. The Supreme Court has …

Medical Supreme Court Murder Evidence Witness Witnesses Medical Evidence
Mens Rea As Intent Not Required In Medical Negligence Cases: Supreme Court
3 years, 4 months ago

Mens Rea As Intent Not Required In Medical Negligence Cases: Supreme Court

Live Law  

The Supreme Court observed that mens rea as intent is not required in a case of medical negligence.The bench of Justices AM Khanwilkar and Sanjiv Khanna observed that before summoning the accused in a criminal medical negligence complaint, the complainant has to lead medical evidence or examine a professional Doctor by the complainant in support of his case made out …

Medical Supreme Court High Court Medical Negligence Criminal Medical Evidence Negligence