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Hospital, not doc, to be blamed in negligence case: SC
Advani, Varun attend Dasehra at RSS HQ
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PM joins Dasehra fest
Multi-crore security scam in Bihar
Mysterious disease kills 14 children
Veerappan’s widow plans to sue govt BJP passing through difficult phase: Mahajan
ITBP starts training on N-disaster management
Dy CM seeks economic package for J&K
Panel asks govt to ensure education to special children
Stem cells from skin to fight brain tumours
Left for cut in customs duty on petroleum products
Donkey fair a big draw
Punjab, Haryana scientists win ICAR award
Over 20m visit puja pandals
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Hospital, not doc, to be blamed in negligence case: SC
New Delhi, October 22 “We are of the opinion that summary dismissal of the original petition...on the question of non-joinder of necessary parties (doctor) was not proper. In case, the complainant fails to substantiate the allegation, the complaint will fail. But not on the ground of non-joinder of necessary party,” a Bench of Mr Justice B.N. Agrawal and Mr Justice A.K. Mathur ruled. The ruling came on an appeal against the National Consumer Disputes Redressal Commission (NCDRC) by Savita Garg, who had claimed damages of Rs 45 lakh from Delhi-based National Heart Institute (NHI) for the death of her husband, A.K. Garg, an IDPL engineer, after an operation for heart ailment in August 1994. “The hospitals are institutions, where people expect better and
efficient service. If hospitals fail to discharge their duties through their doctors being employed on job, or on contract basis, it is the hospital which has to justify and by not impleading a particular doctor will not absolve it of its
responsibilities,” the court said, setting aside the NCDRC order and asking it to re-examine the case in accordance with the law. The NCDRC had rejected Savita’s complaint on the ground that the doctor who had treated her husband, was not made a party to the case by her, which was a necessary condition under the Consumer Protection Act and the rules thereunder. But the Supreme Court did not agree with the conclusion of the Commission and said that the hospital could discharge the burden by producing the treating doctor in defence that all due care and caution was taken by it and despite that the patient died. “The hospital/institute is not going to suffer on account of non-joinder of necessary parties and the Commission should have proceeded against the hospital. Even otherwise also, the institute had to produce the treating physician concerned and has to produce evidence that all care and caution was taken by them or their staff,” it said. The court said it was a recognised fact that patients go to a hospital because of its reputation, and, therefore, nothing would turn against it in not impleading the doctor as a party. “Once the allegation is made that the patient was admitted in a particular hospital and evidence is produced to satisfy that he died
because of lack of proper care and negligence, the burden lies on the hospital to justify that there was no negligence on its part or the doctor,” the court said. Since the hospital was in a better position to disclose what care was taken or what medicine was administered to the patient, it was the duty of the hospital to satisfy that there was no lack of care or negligence, it said. A.K. Garg was admitted to the NHI on July 4, 1994, for angiography. He was discharged next day but admitted again after about a month and remained there till August 3, 1994, when he died in the Intensive Care Unit after an operation. The wife had alleged that her husband had developed jaundice because of “wrong transfusion of blood” and also developed “septic in the bone” which became incurable. |
Advani, Varun attend Dasehra at RSS HQ
Nagpur, October 22 The ‘Sarsanghchalak’, who avoided any reference to the outcome of the Lok Sabha and Maharashtra poll, also took a broadside against the BJP for promising to appoint two lakh Urdu teachers in the run-up to general elections. New BJP President L.K. Advani and the party’s youth leader Varun Gandhi were present during the annual address at the RSS headquarters here. The former Deputy Prime Minister saluted the saffron flag in RSS style with his hand raised upto the chest while Varun Gandhi merely stood when the Sangh anthem was played. Pointing out that the ‘Marxputras’ (Leftists) and ‘Macaulayputras’ (English educated elite) were among the prominent opponents of the Sangh, he said, “by chance, they are in a position today to do back-seat driving in the government and therefore are engaged in conspiring to harm the Hindu forces. “Because of their negative thinking, the ‘Marxputras’ can do only destructive work, never can they do anything constructive. Otherwise, they should have transformed West Bengal, where they enjoyed uninterrupted power for the past 27 years, a Marxist paradise”. If there is any area where the Communist government has made any substantial progress, it is in the field of liquor...In 2000, the CPM shed its inhibition about liquor and today the government is earning Rs 1,000 crore from this liquid gold”, he added. Taking a swipe at the BJP, which has come under attack from Sangh Parivar outfits who accused it of abandoning Hindutva leading to its debacle in the poll, he said, “To win the elections by any means whatsoever they (political parties) strive to create their vote banks and to attract them keep on giving all sorts of assurances. On the economic front, Sudarshan expressed concern over the government's plan to raise foreign equity in the telecom sector to 74 per cent. “I appeal to the Prime Minister to see that whenever foreign capital is invested in our country, the right to take the final decision always remains with us and not any foreigner”.
— PTI |
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Thackeray blames ill health for defeat Mumbai, October 22 Addressing a Dasehra public rally at Mumbai’s Shivaji Park to mark the Shiv Sena’s 36th anniversary, Mr Thackeray, said the saffron alliance would have come to power had he campaigned. “If I had campaigned, we would have bagged 10 more seats and come to power,” Mr Thackeray said. “But this defeat does not mean that the Shiv Sena’s symbolic tiger is finished. The tiger is injured and an injured tiger is always hungry to strike back,” he added. Asking his party workers not to despair due to defeat, Mr Thackeray, asked them to begin a campaign against Bangladeshi Muslims living illegally in Mumbai. Ominously Thackeray asked his party workers to drive out all Bangladeshi Muslims living in the city. |
Multi-crore security scam in Bihar
Patna, October 22 State Director-General of Police Narayan Mishra said today that the Economic Offences wing had uncovered the illegal deposit of stolen sureties with several key departments, including the Public Health Engineering Department, Road Construction Department and Irrigation Department, for award of contracts worth several crores. The inquiry had revealed that the savings certificates deposited as security were stolen from Patna Junction between 1994 and 2001, Mr Mishra said. The matter first came to light when the Jharkhand police detected one such case in Palamu district recently and the SP (Palamu) alerted the Bihar police chief about a contractor who had deposited some savings certificates with the It was subsequently unravelled that some of the certificates were stolen from Patna Junction, Mr Mishra said.
— PTI |
Mysterious disease kills 14 children
Ghaziabad, October 22 Additional District Magistrate Daya Ram Verma said those affected by the disease were between three and 12 years of age. Following the outbreak, authorities have stepped up sanitation drive in the colony, he said.
— PTI |
Veerappan’s widow plans to sue govt
Salem, October 22 "The Tamil Nadu Special Task Force had laid a meticulously planned trap at Papparapatti village and killed him," she told PTI at the graveyard at Moolakkadu near Mettur where Veerappan was buried. Muthulakshmi said she was planning to file a case against the government in connection with the death of her husband. She also alleged that the STF did not allow her to live in peace for the past three years. The widow of the bandit, who is believed to have amassed wealth to the tune of crores of rupees and stocked a part of the booty in pits deep in jungles, claimed that she was in penury and wanted the Tamil Nadu government to help her in bringing up her two teenaged daughters. Muthulakshmi said she was in a bad financial condition and the government alone could help her by taking care of the education of her daughters, Vidya Rani (14) and Prabha (11). She was keen to continue the education of her daughters uniterrupted. Vidya wanted to become a doctor, while Prabha wanted to become an IAS officer, she said. Muthulakshmi said she was planning to start a petty business for her livelihood and live with her mother at Nerlippur in Dharmapuri district.
— PTI |
BJP passing through difficult phase: Mahajan
New Delhi, October 22 “I would compare the present crisis facing the party to the period between 1984 and 1989 when we just had two Lok Sabha seats. We are entering a very difficult phase and I believe that we should focus now on 2009 and rebuilding the party”, he said. In an interview to NDTV, the BJP General-Secretary, who was the party strategist in the Lok Sabha poll and led the campaign in Maharashtra, confessed that his personal image had damaged him politically.
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ITBP starts training on N-disaster management
New Delhi, October 22 "A ITBP battalion has already started its training at Noida, in the outskirts of national Capital, to deal with nuclear disaster. The training is likely to be completed next year and the battalion will be fully operational since then," ITBP Director- General Kanwal Jeet Singh told newspersons here today. The Director-General said the technical training to the ITBP battalion was being given by experts from the Bhabha Atomic Research Centre. "Once this battalion attains training, it will train further ITBP battalions," he said. He was addressing a press conference ahead of the force's 43rd Raising Day on Sunday. On the decision of the Centre to shift the ITBP battalions from Kashmir to Arunachal Pradesh and Sikkim, Mr Kanwal Jeet Singh said the force was being given orientation course to handle its new responsibility. "The units deployed in counter-insurgency operations grid in Jammu and Kashmir were de-inducted to the eastern sector of the India-China border, which is continuing. This has resulted in addition of 44 high altitude border outposts over the existing 96 outposts," he said. Replying to a question, Mr Kanwal Jeet Singh denied reports that the Maoist threat had assumed serious proportions in Uttaranchal. "Though stray incidents happen, the situation was far from alarming," he said. Earlier, after taking the salute at an impressive ceremonial parade at ITBP's Tigri camp, Mr Kanwal Jeet Singh decorated 61 ITBP officers and jawans with the Director-General's insignia. |
Dy CM seeks economic package for J&K
New Delhi, October 22 Mr Mangat Ram Sharma, who met the Prime Minister today morning, sought measures to boost employment. He sought more representation to the state in Central Government jobs. Mr Sharma also raised problems of border migrants and sought plots for them in safer areas. He sought a grant of Rs 20 crore for the Leh Autonomous Hill Development Council and Rs 40 crore for the Kargil Development Council. The Deputy Chief Minister, who belongs to the Congress, said the coalition government in the state was working towards restoring peace. Chief Minister Mufti Mohammad Sayeed, who met Dr Manmohan Singh earlier this week, gave no indication about the demand for an economic package. |
Panel asks govt to ensure education to special children
New Delhi, October 22 The panel also noted that owing to the shortage of trained teachers, specialised educational aids and devices for physically challenged children, regular schools were not able to cater to their needs. Lack of community awareness regarding schemes and facilities available for physically challenged children also came under sharp criticism in the report of the Parliamentary Standing Committee on Human Resource Development Ministry. “The committee fails to understand that despite acute shortage of trained teachers as well as specialised educational device, Rs 38.5 crore released during 2003-2004 for the Integrated Education for Disabled Children could not be utilised fully,” the report said. The panel stressed on the need for more coordination between many other projects and schemes like the Sarva Shiksha Abhiyan and District Elementary Education Plan being run by the Department of Elementary Education which also partially aim for the education of children with special needs. It recommended that a comprehensive and single programme/scheme would be more effective and economical for ensuring education to physically challenged children. The panel also asked the Department of Secondary and Higher Education to take fresh initiatives and hold consultations with states/UTs. The department should also invite NGOs with their proposals for implementing the scheme. The scheme, which is 100 per cent centrally-financed, is being presently implemented in 31 states and UTs and so far approximately 85,000 schools had covered about two lakh children with special needs. Pointing out that the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation), Act, 1995, places a statutory responsibilities on the government to ensure that every physically challenged child has access to free education in an appropriate environment till the age of 18 years, the panel asked the department to utilise 3 per cent of the education sector outlays for the direct benefit of these children. Of the approved outlay of Rs 13,825 crore for the department, at least Rs 414.75 crore should have been allocated for physically challenged children. But during the 10th Plan only Rs 200 crore has been allocated for the IEOC scheme which was less than half the desired funds, the panel said. |
Stem cells from skin to fight brain tumours
New Delhi, October 22 The researchers successfully grew stem cells from skin samples of adult patients with brain tumours. It is hoped that these cells can then be used as a new brain tumour therapy, which has been attempted successfully in mice. The Italian neurosurgeons made a presentation about their new study at the 54th annual meeting of the Congress of Neurological Surgeons in San Francisco, says a press statement. It was found that mice with brain tumours that were treated with stem cells showed both increased blood supply and decreased tumour growth into the surrounding brain. These mice also lived on an average 50 per cent longer than mice that were not given this therapy.
— PTI |
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Left for cut in customs duty on petroleum products New Delhi, October 22 CPI leader A.B. Bardhan and D Raja, who met the Union Minister Mani Shankar Aiyar on the oil price issue, said the hike in prices of diesel and petrol should not burden the common people. Mr Aiyar told newspersons that the government was closely monitoring the prices in the global market and before effecting any price hike, the oil companies, authorities concerned and the Prime Minister would be consulted on the issue. The Union Minister said the government would announce after October 31 what the prices would be after the next revision for the following two weeks. Speaking to reporters after the meeting, the Left leaders said they had conveyed that they understood the unprecedented rise in international oil prices but at the same time common people should not be burdened. The government should try to adjust duty rates and see to it that common people are spared, they said. The CPI had asked for at least 5 per cent cut in customs duties on petroleum products since any hike in diesel prices would have a cascading effect. On the excise duties, they said duties on the subsidised petroleum products should be brought down to zero. The Left leaders said the oil prices had to be jacked up in the wake of an abnormal increase in global crude oil prices, which are hovering at around $ 55 per barrel. Justifying the need to hike the prices, they said if the prices of petroleum products are not hiked, the Indian oil companies could suffer heavy losses and they are needed to be kept in the business and also in sound financial health. The government, had earlier brought down excise and customs duties on petrol, diesel, kerosene and LPG to combat rising inflation, which cost the exchequer about Rs 5000 crore. |
Donkey fair a big draw
Jaipur, October 22 Amusingly enough, most political leaders who became chief guests at the fair during the past few years suffered setbacks in their career. No minister or sitting parliamentarian, therefore, gave his or her consent to inaugurate the fair this time. After great persuasion Mr Pratap Singh Khachariawas, a young Congress leader who lost the battle of the ballot in the last Vidhan Sabha and Lok Sabha elections, took the risk to inaugurate the fair yesterday. The fair is organised by the All-India Donkey Development Mela Committee with the support of Jaipur Municipal Corporation, the State Department of Animal Husbandry and an NGO known as “Help in Suffering”. This year, a little over 2,000 beasts of burden have reached the mela spot for sale and purchase. A distinct feature of the fair this year has been the arrival of some horses also. |
Punjab, Haryana scientists win ICAR award New Delhi, October 22 The Jawaharlal Nehru award for outstanding post-graduate agricultural research has been given to Dr Shyam Sunder Paul, CIRB, Nabha, Patiala, for his contribution in isolation of effective lignocellulose degrading rumen fungi and their effect on nutrient utilisation from high roughage diet. Dr Sarjeet Singh of CPRI, Shimla, and his team have been given ICAR award for outstanding multi-disciplinary team research in agriculture and allied sciences. They have been given the award for their significant contribution in seed-oriented research. The team conceptualised and successfully implemented a revolving fund scheme for potato breeders seed production. Dr S.K. Garg and Dr S.K. Bhatia of CCSHAU, Hisar, have been awarded Bharat Ratna Dr C. Subramaniam award for outstanding teachers for 2002-2003. Dr Surinder Krishan Garg has been given the award for his significant contribution in the discipline of fisheries. Dr S.K. Bhatia has been given the award for his significant teaching contribution in the field of veterinary and animal sciences. This year 52 awards under 13 different categories have been given, four institutions were honoured with Sardar Patel Outstanding Institution award to Kerala Agricultural University, Thissur, for designing its academic and research programmes to address several problems in the state such as low productivity of crops and low returns, high rainfall intensities and accelerated soil erosion. |
Over 20m visit puja pandals
Kolkata, October 22 A large number of tourists from the UK, the USA and other European countries are now in the city to witness Durga Puja festivals. Hundreds of people from Bangladesh have also come to participate in Bengal’s national religious festival. The police and the para-military forces are deployed in most puja pandals to ward off any terrorists attack. The Chief Minister’s wife, Mrs Mira Bhattacharjee, and party MP Md Salim jointly held a function at a puja pandal in East Kolkata and distributed books and other useful items among poor students. The State Transport Minister, Mr Subhas Chakraborty, and his wife, Mrs Romala Chakraborty, took part in a community puja at Salt Lake and Lake Town’s Sreebhumi, where Governor Viren J Shah was present to inaugurate the puja. Two Congress (I) ministers in the UPA government — Mr Pranab Mukherjee and Mr Priya Das Munshi — are busy in organising the pujas in their two respective home districts — Burbhum and Raiganj, respectively, in north Bengal. A press statement issued by the police in Kolkata said that Sunday had been fixed for the day of immersion of Durga images. |
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