Court : Delhi
Decided on : Mar-21-2001
Reported in : AIR2001Delhi380; 90(2001)DLT805; 2001(59)DRJ281
..... subject to several conditions enumerated therein. the government of india also granted permission vide letter dated 15.1.96, under section 10a of imc act in favor of the trust to set up a private medical college at ghaziabad for conducting mbbs degree course with only 50 admissions annually. this permission was granted for a period of one year to be renewed on yearly ..... on first floor is being renovated and the work is likely to be completed. as such the college has no infra structure and man power to teach the medical graduates the curriculum of ii m.b.b.s. and onwards. according to the director it will be ready by 31.10.1997.9. thereafter the college submitted compliance report and a further ..... its president mr. o.p. saxena, advocate, has filed this writ petition under article 226 of the constitution of india seeking a through cbi probe into the affairs of medical council of india, respondent no. 2 and santosh medical & dental college, ghaziabad respondent no. 4 which is being run by a trust known as maharaja educational trust, respondent no. 3 herein. the said ..... , whole-time inspector of mci. the concluding portion of the report is as under:-remarks & conclusion: 1. the pre-clinical departments have adequate infrastructural facilities and staff for 50 students. 2. the para-clinical departments namely pharmacology, pathology, microbiology, forensic medicine and community medicine has been established by construction of a new para-clinical block along with space for staff rooms .....Tag this Judgment!
Court : Delhi
Decided on : Nov-19-2001
Reported in : 96(2002)DLT103
..... to the workman at the time of this dismissal in contradistinction to the time of the section 17-b application, and not wages and allowances as incremented thereafter. the definition of 'wages' in the industrial disputes act, payment of wages act and the minimum wages act are reproduced below in juxtaposition in order to demonstrate that the ambit and sweep of the ..... as the (a) any house or settlement between the workman is for the accommodation, supply parties or order of atime being entitled of light, water, court;to; medical attendance, or(ii) the value of (b) any other amenity (b) any remuneration toany house or any service excluded which the person employedaccommodation, or of by general or special is ..... of his payable under the termsservice. of employment or which isnot payable under anyaward or settlementbetween the parties ororder of a court;(2) the value of anyhouse-accommodation, orof the supply of light,water, medical attendanceor other amenity or ofany service excluded fromthe computation of wagesby a general or specialorder of the stategovernment:(3) any contribution paidby ..... entitled in respect ofsupply of light, order of the overtime work or holidayswater, medical appropriate government. or any leave period:attendance or otheramenity or of any (ii) any contribution (c) any additionalservice or of any paid by the employer to remuneration payable concessional supply any pension fund or under .....Tag this Judgment!
Court : Delhi
Decided on : Nov-07-2001
Reported in : 94(2001)DLT925
..... . it was held that the will has to be proved like any other document except as to the special requirement of attestation prescribed by section 63 of the indian succession act. however, court has to examine whether the execution of the will was surrounded by suspicious circumstances. the supreme court observed as under:'20. ..... of the testatrix at the residence of the father of the appellant was explained by stating that she was taken away on the partite of giving better medical facilities. subsequently respondents 1 to 3 were prevented from visiting smt. sham devi. it was also stated that smt. sham devi was an illiterate person ..... and the last rites were performed by the appellant. it is further stated that even the kriva and the chautha were not attended by respondents 1 and 2.9. dr. rupla kukerja, the fourth attesting witness, has been examined as pw 11 and she had confirmed that she found late smt. sham ..... from the son shri chaman lal, there were two daughters namely smt. kaushalya devi and smt. prakash wati. the said two daughters are respondents 1 and 2 in the present appeal and smt. chand rani, wife of late shri chaman lal, son, is the 3rd respondent. the state is the fourth respondent.3 ..... kapoor has resulted in contentious litigation between the heirs of her husband on one side and the beneficiary of her alleged will on the other side.2. the present appeal arises from the impugned order dated 4.4.1979 of the learned single judge dismissing the probate petition no. 13/1972 filed .....Tag this Judgment!
Court : Delhi
Decided on : Dec-21-2001
Reported in : 2002IAD(Delhi)757; AIR2002Delhi281; 111CompCas349(Delhi)
..... re: a solicitor ex parte the law society (1912) 1 kb 302, darling, j. adopted the definition of 'infamous conduct in a professional respect', on the part of a medical man in allison v. general council of medical education & registration (1894) 1 qb 750, applied to professional misconduct on the part of solicitor, and ..... by his professional brethren of good repute and competency, then it is open to the general medical council to say that he has been guilty of 'infamous conduct in a professional respect'.10. the privy council approved of the definition in george frier grahame v. attorney general, fiji, and this court in the matter of ..... the complainant and found him guilty of professional misconduct under clause (7) of the part i of second schedule to the act within the meaning of section 21 and 22 of the act.5. on receiving the report of the disciplinary committee, the complainant as well as the respondent filed their respective written representations ..... short) in respect of shri mahesh taneja, fca with the prayer that this court may pass necessary orders in accordance with section 21(6) of the act.2. facts giving rise to the making of the reference are as follows:-a complaint dated 27th february, 1991 was filed by mrs. ..... observed:'if it is shown that a medical man, in the pursuit of his profession, has done some thing with regard to it which would be reasonably regarded as disgraceful or .....Tag this Judgment!
Court : Delhi
Decided on : Aug-23-2001
Reported in : 93(2001)DLT639; 2002(61)DRJ488
..... the respondents' unilateral decision of discharge as being contrary to any provision of the army act of army rules. as has already been mentioned above, his services were neither terminated nor was he discharged on medical ground. the respondents' decision is clearly detrimental to his interests and punitive in character since ..... of india., : (1983)illj104sc and poonamal (smt.) etc. etc. v. union of india and others and premilobai vishnu dixit vs. state of maharashtra, 1985 (2) slr 537 in smt. gurdei vs. union of india and others, 1993 (4) slr 416 the respondents were directed by a division bench of the himachal pradesh ..... petitioner's 'completion of the terms of engagement under army rule 13(iii)(i) after serving 12 years, 226 days with the colours and 2 years and 315 days in the reserve (non-qualifying service included)'. his character is stated to be good. the petitioner's services were neither ..... any period of service on a temporary establishment or for which a special rate of pay is granted on the understanding that no pension is admissible. (ii) any period of service rendered before reaching the age of 17 years (16 in the case of those enrolled prior to the 20th september 1945). ..... the petitioner was prematurely superannuated misreading the rules; and d) pass any other order or further orders deemed fit and proper in the interest of justice.' 2. however, at the time of arguments prayer 'c' was not pressed. instead mr. j.s. manhas, learned counsel appearing for the petitioner had .....Tag this Judgment!
Court : Delhi
Decided on : Mar-16-2001
Reported in : 2001IIIAD(Delhi)726; AIR2001Delhi318; 90(2001)DLT681; I(2001)DMC574; 2001(58)DRJ256
..... maintenance shall be awarded under the provisions of this act, and in doing so, the court shall have due regard to the considerations set out in sub-section (2), or sub-section (3), as the case may be, so far as they are applicable. (2) in determining the amount of maintenance, if any ..... residence. the relief has been valued at a notional sum of rs.5,01,000/- and not in conformity with section 7(ii) of the court fee act which prescribes that in suits for maintenance and annuities or other sums payable periodically according to the value of the subject- ..... clothing, residence, education and medical attendance and treatment; 18. maintenance of wife --(1) subject to the provisions of this section, a hindu wife, whether married before or after the commencement of this act, shall be entitled to be maintained by her husband during her life time. (2) a hindu wife shall be ..... dependant under this act, regard shall be had to- (a) the net value of the estate of the deceased after providing for the payment of his debts; (b) the provision, if any, made under a will of the deceased in respect of the dependant; (c) the degree of relationship between ..... the two; (d) the reasonable wants of the dependant; (e) the past relations between the dependant and the deceased; (f) the value of the property of the dependant and any income derived from such property, or from his or her earnings or from any other source; (f) the number of dependants entitled to maintenance under this act .....Tag this Judgment!
Court : Delhi
Decided on : Aug-30-2001
Reported in : AIR2002Delhi40
..... 7.9.1996, alleging that his son's loss of life was on account of callous attitude of medical authorities, more particularly respondent no.4 who at the relevant point was the medical superintendent (nursing homes).2. a person has a fundamental right under article 21 of the constitution of india, 1950 (in short, ..... stipulated amount as damages from the wrongdoer for the negligence. when we talk of negligence, the wrongdoer may be made liable because of a wrongful act or an omission of do something which the wrongdoer was required to do but not done. the plaintiff who sues the wrongdoer in tort is ..... pointed out, that he should establish his case by a preponderance of probabilities. this he will normally have to do by providing that the other party acted carelessly. such evidence is not always forthcoming. it is possible, however, in certain cases for him to rely on the .mere fact that something happened ..... part of the claimant himself. 3) the claimant should have taken all reasonable action to contain the loss or injury sustained by him. 4) the acts of the claimant should be lawful just and reasonable. 5) the amount of damages should not exceed the loss sustained by him and such damages ..... according to condition of the person and dignity of service than its positive worth 'requital' is the return of kindness, the making it is an act of gratitude. in cases of assessment of damages pure mathematics cannot be relied on exclusively to arrive at a reasonable estimate of just compensation for a .....Tag this Judgment!
Court : Delhi
Decided on : Jul-31-2001
Reported in : 94(2001)DLT132
..... have filed reply to this application opposing to prayer. the twin objections are as follows:a. the suit itself is under section 56 of the act and the prayer no. 2 in the main suit is the same prayer which is made in this application and allowing this application would amount to allowing ..... in this application, the plaintiff has prayed that all properties of the trust be transferred to the plaintiff forthwith under the provision of section 56 of the act without prejudice to here rights to claim proper accounts etc. it is stated that the plaintiff has got right to seek such an ..... by the trustees therein or come to their hands, upon thrust to hold the same for the period mentioned therein for the maintenance, education, medical and other expenses of the beneficiary herein and her children and upon here death transfer and handover the residue to the children of the beneficiary ..... pay or utilise the net income or in the case and trustees so desire the corpus of the trust fund for the maintenance, education, medical and other personal expenses and expenses on travel in india and abroad of the said anjali sawhney and here children. after the expiry of the ..... 2,500/- and any other property and investments of any kind whatsoever into which the same of any part thereof might be converted, invested or varied from time to time or such as may be acquired by the trustees therein or come to their hands, upon trust to hold the same for the period mentioned therein for the maintenance, education medical .....Tag this Judgment!
Court : Delhi
Decided on : Oct-05-2001
Reported in : 95(2002)DLT179
..... used for ailment of inflammatory control, analgesic and antipyretic etc. in a short span of three years this medicine became popular with the patients, doctors, hospitals and other medical institutions all over india. the medicine under the trade mark nimulid in tablet form is packed and offered for sale in distinctive packing cartons/packing wrappers/packing strips having a ..... the plaintiffs claim to be the owner of exclusive proprietary rights with respect to the artistic work on the cartons/blister strips under the provisions of indian copyright act, 1957 (in short the act). the plaintiffs on account of the quality of the product acquired unique goodwill and reputation with respect to its nimesulide tablets under the trade mark nimulid . ..... obtained injunctions restraining them from using the trade mark and artistic design work of packing cartons and strips which were identical and deceptively similar to that of the plaintiffs. 2. it was in january, 1998 that plaintiffs came to know that defendants started manufacturing and selling nimesulide tablets packed in blister packing and packing strips consisting of yellow and ..... goodwill and reputation with respect to the medicine manufactured and sold under the trade mark nimulid and that it had become acceptable through out india by patients, doctors, medical institutions etc. he also proved copies of the bills/invoices of the plaintiffs company regarding the sale of nimesulide tablets under the trade mark nimulid in yellow and blue .....Tag this Judgment!
Court : Delhi
Decided on : Oct-18-2001
Reported in : 2002(62)DRJ800
..... petitioner to argue that non-completion of in 441(a) is mandatory for re-engagement to come into effect.8. reliance is placed on section 19 of the contract act. it is the petitioner's contention that he had applied for re-engagement because of a statement in the expiry of engagement seriall dated 28th ..... counsel for the parties have relied on the judgment in r.p. yadav's case (supra).3. it may briefly be recounted that under section 16 of the navy act 1957 a sailor is entitled to be discharged on the expiration of the term of service for which he is engaged, which in the present ..... the larger interest of the country. a sailor during the 15 or 20 years of initial engagement which includes the period of training attains a high degree expertise and skill for which substantial amounts are spent from the exchequer.therefore, it is in the fitness of things that the strength of the naval ..... than 16 months prior to the date of release. in the present case, the petitioner had duly applied for re-engagement in appendix 'a' and was medically examined and found fit on 1.7.1997 and the period of re-engagement was recommended by the commanding officer for four years on 16th july, 1997.4 ..... be included in the fifteen years period and, thereforee, the petitioner would be entitled to demand a release from the indian navy on 13.1.1999.2. it has been explained by learned counsel for the petitioner that though the petitioner had himself applied for re-engagement, this action was predicated on the .....Tag this Judgment!