AI Overview...
-
Medical Record Alteration - The records indicate instances where the date of birth or other details in medical or service records have been altered, often without proper notice or scientific validation. For example, in case Issampalli Chandraiah, EC No. 2301143 VS Singareni Collieries Company Limited - Telangana, no notice was served to the petitioner regarding the alteration of date of birth, and the petitioner disputed appearing before the Medical Board. Similarly, Gh. Nabi Bhat VS State - Jammu and Kashmir discusses the legitimacy of date of birth alterations based on medical examinations, highlighting issues of authenticity and time-barred claims. RAM RATAN VS DISTRICT BASIC SHIKSHA ADHIKARI - Allahabad emphasizes that alterations after being attested and unchallenged are generally final, though exceptions exist in retirement contexts. Sita Ram Srivastava VS Sanjai Gandhi Post Graduate Institute of Medical Sciences - Consumer mentions that medical negligence was alleged due to rapid drug administration but does not specify alteration issues. State of Gujarat VS Koli Bhupatbhai Sardulbhai - Gujarat and ABDUL MASJID SHAIKH VS STATE OF GUJARAT - Gujarat address legal considerations around medical evidence and procedural amendments in court proceedings. Ramhit Sahu VS State of Madhya Pradesh - Madhya Pradesh confirms that the date of birth recorded in official service records is final unless legally contested and supported by medical evidence [references: Issampalli Chandraiah, EC No. 2301143 VS Singareni Collieries Company Limited - Telangana, Gh. Nabi Bhat VS State - Jammu and Kashmir, RAM RATAN VS DISTRICT BASIC SHIKSHA ADHIKARI - Allahabad, Sita Ram Srivastava VS Sanjai Gandhi Post Graduate Institute of Medical Sciences - Consumer, State of Gujarat VS Koli Bhupatbhai Sardulbhai - Gujarat, ABDUL MASJID SHAIKH VS STATE OF GUJARAT - Gujarat, Ramhit Sahu VS State of Madhya Pradesh - Madhya Pradesh].
-
Legal and Procedural Aspects - Courts have upheld the finality of recorded dates of birth in employment and medical records, emphasizing that alterations require strict procedural adherence, including notice and scientific validation. Unilateral changes by employers or authorities without proper process are deemed illegal, as discussed in Tmt. Sagunthala, Vs Tamilnadu Minerals Ltd., - Madras, where the employer's unilateral alteration was challenged. The courts also consider the passage of time and evidence credibility when reviewing such alterations, especially in cases involving retirement or service benefits (RAM RATAN VS DISTRICT BASIC SHIKSHA ADHIKARI - Allahabad, Gh. Nabi Bhat VS State - Jammu and Kashmir, Ramhit Sahu VS State of Madhya Pradesh - Madhya Pradesh). Additionally, procedural flexibility exists in criminal cases for amendments before judgment, but such changes must be justified and supported by medical or other reliable evidence (ABDUL MASJID SHAIKH VS STATE OF GUJARAT - Gujarat).
-
Insights - The overarching theme indicates that alterations to medical or service records, especially regarding date of birth, are contentious and subject to strict legal scrutiny. Proper notice, scientific validation, and adherence to established procedures are essential to uphold the legitimacy of such changes. Unauthorized or unilateral modifications undermine the integrity of official records and can lead to legal disputes. Courts generally favor the finality of original entries unless compelling evidence justifies amendments, emphasizing the importance of procedural fairness and evidentiary support.
References:
Sita Ram Srivastava VS Sanjai Gandhi Post Graduate Institute of Medical Sciences - Consumer, State of Gujarat VS Koli Bhupatbhai Sardulbhai - Gujarat, Issampalli Chandraiah, EC No. 2301143 VS Singareni Collieries Company Limited - Telangana, Gh. Nabi Bhat VS State - Jammu and Kashmir, RAM RATAN VS DISTRICT BASIC SHIKSHA ADHIKARI - Allahabad, B. S. GHOSH VS BHARAT ELECTRONICS LTD. - Karnataka, Tmt. Sagunthala, Vs Tamilnadu Minerals Ltd., - Madras, Ramhit Sahu VS State of Madhya Pradesh - Madhya Pradesh, ABDUL MASJID SHAIKH VS STATE OF GUJARAT - Gujarat, HAN BODH RAM TEWARI VS PRESIDENT, ALLAHABAD DISTRICT CO-OP. , BANK, ALLAHABAD - Allahabad
Search Results for "Medical Record Alteration"
• India - Consumer
B.C.GUPTA, S.M.KANTIKAR
record, death was due to sudden cardiac arrest—Guidelines for best practices were not followed by OP—Hospital will only escape liability ... Consumer Protection Act, 1986—Sections 17, 19 and 21—Medical services—Medical negligence—Drug reaction—Death of patient—Only allegation ... because of rapidly administrating Vancomycin injection without IV infusion through drip at least 1 hour—In contrary, as per OP and medical ... We have perused the medical record, the nursing and progress sheet....
2016 0 Supreme(Guj) 276 • India - Gujarat
K.S.JHAVERI, G.B.SHAH
The court also considered the medical evidence and the passage of time in altering the conviction of the accused. ... Act, Section 135 - [SUMMARY OF ACT SECTIONS] - The court discussed the evidence and medical reports to alter the conviction of the ... Issues: The issues involved the sufficiency of evidence to support the convictions and acquittals, the interpretation of medical ... We have perused the records of the case. We have gone through the medical evidence on record. Since, Mr....
2023 0 Supreme(Telangana) 354 • India - Telangana
K. SARATH
and admittedly in material record filed along with counter shows no notice served to petitioner for alteration of date of birth ... - While it being so, in month respondents asked petitioner to appear before Apex Medical Board without issuing any notice to him ... and that petitioner has not signed in age assessment report, and disputing his appearance before Medical Board - In instant case ... While it being so, in the month of March, 2020 the respondents asked the petitioner to appear before the Apex Medical#....
2002 0 Supreme(J&K) 314 • India - Jammu and Kashmir
R.C.GANDHI
The respondents claim that the alteration was based on a medical examination and that the petitioner's cause of action is time-barred ... Date of Birth Alteration - Service Record - [Article 14 Schedule I of the Limitation Act, 1967 SC 1269, 1981 SC 1481, 1980 JKLR ... Issues: The issues revolved around the alteration of the petitioner's date of birth in the service record, the authenticity ... Petitioner in the year 1960 was of the age of 18 years according to the date of birth recor....
1998 0 Supreme(All) 1262 • India - Allahabad
D.K.SETH
DATE OF BIRTH - ALTERATION - SERVICE RECORD - CIRCUMSTANCES - EXCEPTION - RETIREMENT - WRIT PETITION - FAG END OF CAREER - NOT ... The certificate from the Chief Medical Officer was not based on any scientific test and the endorsement in the service record was ... The court held that the alteration of date of birth in the service record, after it had been attested and stood unchallenged for ... On the other hand it is an alteration of the date of birth recorded in the....
1995 0 Supreme(Kar) 410 • India - Karnataka
M.F.SALDANHA
Finality of Employee's Date of Birth - Employment Law - [Company's records, Medical opinion, Finality of representations] - The ... Subsequently, he sought to correct his date of birth to November 5, 1941, based on a medical opinion. ... The court cited relevant Supreme Court decisions and highlighted the irreversible consequences of such alterations on the organization ... According to him, therefore, the alteration in the year 1975 supersedes whatever had come on record earlier and a....
2023 Supreme(Online)(Mad) 90057 • India - Madras High Court
M.S. RAMESH, J
AGE ALTERATION - SERVICE RECORD - UNILATERAL ALTERATION BY EMPLOYER - ILLEGAL: Standing Orders provide that age of workman unable ... Whether the alteration of age in the service record by the employer without notice to the workman is illegal? ... to furnish exact date of birth shall be determined by District Medical Officer and recorded age shall not be altered by workman. ... The learned counsel for the first respondent further submitted that in case any alteration#HL_END....
2016 0 Supreme(MP) 1037 • India - Madhya Pradesh
SUJOY PAUL
permissible, and the date of birth recorded in the service record is final and determinative. ... Financial Code Rule 84 - The court discussed the application for correction of date of birth, the relevance of the Medical Board's ... The bone of contention was the implementation of the court's order and the decision based on the Medical Board's report. ... In turn, the competent authority was directed to take suitable action with regard to alteration of date of birth based upon the recommendation of the Medical#....
2006 0 Supreme(Guj) 768 • India - Gujarat
D.H.WAGHELA
of charge during trial on basis of materials brought on record - Code appearing in Chapter XVII clearly stipulated that any court ... may alter or add to any charge at any time before judgment was pronounced - Whenever such alteration or addition was made same was ... died due to cardio-respiratory failure due to asphyxia due to hanging - It was not case of prosecution that during examination of medical ... State of Gujarat [air 2004 SC 2078] wherein it is clearly observed in para 8 that there is a scope of alteration of....
1997 0 Supreme(All) 828 • India - Allahabad
D.K.SETH
employer resisted the change, contending that the petitioner had produced a horoscope showing a different date of birth and that a medical ... Whether the delay in seeking alteration of the date of birth by an employee stands in the way of such alteration. ... Delay in seeking alteration of the date of birth by an employee may stand in the way of such alteration, particularly if the delay ... By reason of wide difference, the petitioner was referred to Chief Medical Officer who had opi....
Filter by Legal Phrase
