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Mynotes_247 MP HIGH COURT JJA ENGLISH TYPING MOCK TEST
created Dec 9th, 01:46 by Anamika Shrivastava
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ought on the ground that consent was not given for sending the case to the Forensic Science Laboratory to get independent opinion, whereas, consent was given. If somebody has indulged in impersonation, should suffer the consequences and for it, even the court could have passed an order to seek a report. The hyper technicalities should not come in the way for administration of justice, otherwise despite of report adverse to the petitioners, if direction is given to continue them in the course and not to subject them with criminal case, then it would mean that despite of adverse report and case of impersonation, the court has saved some one on hyper technicalities defeating the administration of justice. In view of the above, I find no merit in the review petition." In our considered opinion, in view of the earlier decision in 2014, the original order cannot be challenged and therefore, we have not expressed any opinion on merits of the matter in review. The observations which are made by the learned Single Judge are very clear that he has taken the consent for reaching the conclusion but that laid to irreparable loss to the appellant. Learned counsel had further relied upon the provisions enshrined under the Indian Evidence Act and have averred that it is a settled position of law that the opinion of the experts falls under the category of corroborative evidences and the same ought not be considered as a substantial piece of evidence or a conclusive proof. Moreover, the said FSL report was furnished in the year 2015 and the alleged offence pertains to the year 2009. Therefore, the same is barred by the doctrine of delay and laches. Learned counsel had further contended that the medical profession and the study of medical science is a noble profession/professional course and the same is governed by certain set of ethics, codes, principles and high moral values along with extraordinary knowledge, as the same deals with human lives directly. It was further submitted that the said allocation of seats and continuation of the course is strictly carried in
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