Vijay
26 August 2018 at 09:57
Dear Sir. Yesterday I received emergent notice from high court on service/transfer matter, if I won't attend the court than it may cause any problem for me?. Plz suggest me
Vijay
26 August 2018 at 09:31
Dear Sir. Yesterday I received emergent notice from high court on service matter, if I won't attend the court than it may cause any problem for me?. Plz suggest me
Vijay
26 August 2018 at 09:23
Dear Sir.
Yesterday I received emergent notice from high court on service matter, if I won't attend the court than it may cause any problem for me?. Plz suggest me
Naim Vakil
26 August 2018 at 02:52
Respected Experts,
I am a LLB Student third year, my college has announced a Moot court competition can you please help me in making arguments on behalf of the respondents (Mahesh Patel) facts of the case are as under.
IN THE HIGH COURT OF XXX AT XXXX
CRIMINAL APPEAL NO XYZ OF 2013
1. Dr Vyomesh Mishra
2. Dr Kuldeep Singh.......... (APPELLANTS)
Vs.
1. Mahesh Patel
2. State of Gujarat............. (RESPONDENTS)
APPEAL u/s 374 of Code of Criminal Procedure against the judgement and order of the sessions court passed in criminal case of ABC of 2009 passed on November 10,2013.
FACTS OF THE CASE:
Mr Mahesh Patel, original complainant is a government servant havin upper middle class background. he was having a wife Madhvi, the only son Keval in his small family. His son was studying in Standard 7 at a reputed english medium school of Ahmedabad. Keval was considered to be one of the brilliant students of the class ans was also the captain of at the school football team.
In May 2009, after having returned from the practice of football from school in vacation Keval began throwing fits and loosing consciousness at sudden intervals. Mahesh patel immediately consulted Dr Kuldeep Singh, a reputed neuro physician at the Long-Life Charitable Trust Hospital. The aforesaid hospital is started by Ahmedabad Doctors Welfare Association having sole motto to provide the best treatment to the patients at the reasonable charges. It has its reputation in the entire city for providing the best treatment.
During examination Dr Kuldeep Singh diagnosed that Keval was suffering from epilepsy, Dr Kuldeep Singh prescribed treatment involving the administration of two well known drugs for epilepsy- Zentor and Gardiol- Over a course of 8 months. Keval was also advised to discontinue for 2-3 months during his treatment. But he was keen to attend the classes at school. Due to continuous insitence of his son Mr Mahesh Patel allowed him to go to school for attending classes. The medicine prescribed to Keval did not serve its object and hence Dr Kuldeep Singh increased the dosage and frequency of his prescribed drugs. However the condition of Keval worsened and the frequency of covulsions grew rapid. As a resultant effect, Keval was constrained to proceed leave from the school from 16th August 2009.
On August 19,2009, at about 10.30 pm when keval had his evening dosage of prescribed drug Gardiol, he developed severe covulsions. He lost his consciousness and collapsed on the bed. Mahesh Patel called Dr Kuldeep Singh at his residence. Dr Singh expressed his inability to come, but advised to admit Keval to the Longlife Charitable Hospital. By following advise of Dr Singh Keval was immediately admitted at the Long Life Hospital by his parents.
At the night of 19th August 2009 Dr Vyomesh Mishra, a young doctor pursuing his internship at the hospital was on duty. He examined the patient Keval and directed him to taken to the ICU. Looking to the critical condition of the patient the hospital authorities agreed to provide treatment upon signing a consent form stating that the hospital shall not be responsible in whole or part for any further consequences if at all developed to the patient Keval during his treatment at the hospital. Desperate to save his son Keval Mr Mahesh Patel was constrained to sign the aforesaid consent from the hospital.
Before the complainant Mr Mahesh Patel could appraise Dr Vyomesh Mishra about the previous case history of Keval and the treatement provided to him, Dr Vyomesh Mishra administered the sedative called Epitaphenol, a sedative given in case of severe epileptic attack. After the application of the aforesaid medicine, Mahesh Patel saw his so finding difficult to breath and was gasping of breath. Soon he lost his consciousness. Mahesh Patel desperately called Dr Vyomesh Mishra to examine his son. Dr mishra explained to him that it was not unconsciousness, but sleep due to sedative medicine. Being dissatisfied with the explanation Mahesh Patel called Dr Kuldeep Singh at his residence at 3:30 am on 20th August 2009 and requested him to come to the hospital to examine his son. But Dr Kuldeep Singh refused and showed his inability.
At 6:00 am on 20th August 2009, Keval expired in the Hospital. he autopsy revealed myocardial infraction as the cause of death. This was a resultant effect of adverse reaction of Epitaphenol drug with Gardial, which was prescribed by Dr Kuldeep Singh.
On 23rd August 2009, Mr Mahesh Patel LOgged an FIR in Crime Register No ii/XXX/2009 at Navrangpura Police Station, Ahmedabad against both the present appellants for having committed offences punishable under Sections 302,304 and 304A of IPC. The Charge Sheet was filed after the Investigation by the Officer in charge at Navrangpura Police Station and the Magistrate committed the case to the Sessions court for trial after framing the charges u/s 302,304 and 304A of the IPC.
The Learned Sessions Judge by his judgement and order found both the accused persons guilty for having committed offences punishable under section 304 part ii of the IPC and punished them with rigorous imprisonment for 10 years and fine of Rs 2 lacs each. Being aggrieved by the judgement and order, the accused persons have preffered appeal under section 374 of Code of Criminal Procedure before the High Court of Gujarat. The appeal is admitted.
Simultaneously, Mr Mahesh Patel being father of deceased preferred appeal u/s 372 of the Code of Criminal Procedure bearing Criminal Appeal No PQR/2007 before the High Court of Gujarat seeking compensation from the above accused persons who are responsible for the unnatural death of his son. the above appeal is also admitted and Hon'ble High Court passed an order to hear both the above appelas together at the final hearing.
now both the appeals have come up for final hearings.
Thank You for reading and i hope you will help me with this matter.
Regards.
dheepak srinivasa
26 August 2018 at 02:27
I am filing an petition for Rejecting the plaint under article 227, I have only the plaint copy of the opposite party but section officer is insisting on a certified plaint copy, can I file with a dispense petition for not filing a certified plaint copy... is there any precedence for this / Judgement... pl let me know.
Regards
Srinivasa
dheepak srinivasa
26 August 2018 at 02:22
I am filing an petition for Rejecting the plaint under article 227, I have only the plaint copy of the opposite party but section officer is insisting on a certified plaint copy, can I file with a dispense petition for not filing a certified plaint copy... is there any precedence for this / Judgement... pl let me know.
Regards
Srinivasa
Umesh Pandurang Jadhav
25 August 2018 at 21:41
My case is running in family court .
I have filled petition with supportive evidence and filed affidavit too ..
Defendant only submit written statements , not willing to filled supporting afffidavit ...
Even defendant and her lawyer fails to attend d court case ...
Court stage is on argument of exh...
Will the judgment in favour of plaintiff if defendant fails to submit affidavit and never appear in court ...
Anonymous
25 August 2018 at 21:22
There's my owner who constantly tries to degrade us by calling us 'adivashi'. She some how or the other abuses, using phrases like ' jungli hain, jungle se aai hain ' and all sort of nonsense. She is not much educated but her husband is a lawyer who ignores her activities. Belonging to a lower class she puts on rules that are completely ridiculous. Can I file a case against her?
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