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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: himachal pradesh Page 1 of about 445 results (0.035 seconds)

Jul 20 2007 (HC)

Sukhdev Chand Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2007CriLJ4103,2007(3)ShimLC189

..... ) of the rules framed under the act reads as follows:2. definitions.-- in these rules, unless there is anything repugnant in the subject or context-(a) to (dd) xxxxxxxxxxxxxxxxxxxxxxxx (e) to (ea) xxxxxxxxxxxxxxxxxxxxxxxx(ee) 'registered medical practitioner' means a person-(i) holding a qualification granted by an authority specified or notified under section 3 of the indian medical degrees act, 1916 (7 of 1916), or specified in the schedules to ..... the indian medical council act, 1956 (102 of 1956 ..... ); or(ii) registered or eligible for registration in a medical register of a state meant for the registration of persons practicing the modern scientific system of medicine excluding .....

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Jun 20 2007 (HC)

Ex. Hav. Prakash Chand Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Reported in : 2008(1)ShimLC294

..... disease is attributable as well as aggravated by the military service. this court is fortified in coming to this conclusion on the basis of the opinion of the medical board as discussed above.7. the jammu and kashmir high court in col m.l. sethi (retd.) and etc. v. union of india and ors. ..... same ailment due to which he was placed in low medical category. army order 146/77 to suggest that category 'c' jco embraces all personnels, who are not fit for active service with units/formation head ..... held as under:having once acquired the eligibility for being granted the disability pension and disability benefits at a stage when the petitioner was placed in low medical category (permanent), he could not have been denied the benefit of the same in case he sought and was allowed discharge later on due to the ..... direct result in the injuries sustained by him.consequently the request of the petitioner for discharge was to be considered on medical grounds and he is to be placed under category 13(3) item no. ii (ii) of the army rules, 1954. the next question which requires consideration by this court is that whether the disability ..... is due to attributable to service. in view of this the pcda (p), allahabad could not reject the case of the petitioner for disability pension.4. the act of the respondents of putting the petitioner under rule 13(3) item iii (iv) of the army rules, 1954 is not in accordance with law. the .....

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Jun 18 2007 (HC)

Jagdish Ram and ors. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : 2008ACJ433

..... negligence or recklessness, to be so held, must be of such a high degree as to be 'gross'. the expression 'rash or negligent act' as occurring in section 304-a of indian penal code has to be read as qualified by the word 'grossly'.(7) to prosecute a medical professional for negligence under criminal law it must be shown that the accused ..... a reasonable man guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. the definition of negligence as given in law of torts, ratanlal & dhirajlal (edited by justice g.p. singh), referred to herein-above, holds good. negligence becomes actionable on account of ..... complaint and that such complaint is likely to lead to legal action or disciplinary proceedings, a relationship of suspicious formality between persons is inevitable, (ibid, pp. 242-243).(ii) culpability may attach to the consequence of an error in circumstances where sub-standard antecedent conduct has been deliberate and has contributed to the generation of the error or to ..... pre-anaesthetic regime was found normal and usual clinical doses have been given to the deceased. this was followed by injection lignocaine in correct therapeutic doses (6 ml of 2 per cent lignocaine with adrenaline).intolerance (hypersensitivity reaction) to lignocaine resulted in severe anaphylactic reaction soon. proper resuscitation measures were promptly and adequately instituted but in spite of these .....

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Oct 03 1972 (HC)

Harish Kumar Vs. the State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : AIR1974HP28

..... the constitution.7. as regards the first submission, it is necessary to determine the relation in which the punjab university stood in respect of the himachal pradesh medical college. section 27 of the punjab university act provides for the affiliation of colleges to the university. part-e of tbe punjab university calendar 1970 contains the regulations relating to affiliated colleges and students studying ..... . the writ petition has been dismissed.4. the prospectus of the himachal pradesh medical college for the year 1970-71 sets out the conditions for admission to the college. paragraph 2 of section j. of part-b provides that:'2. the minimum qualification for admission is f. sc. (medical group) or pre-medical or equivalent examination as recognised by the punjab university in 2nd division, which ..... there. neither from the act nor from the regulations does it appear that the punjab university had the power to control the conditions upon which students would be admitted to an affiliated medical college. our attention was drawn to the provisions in vol. ii of the punjab university calendar, 197.0 relating to the degree of m.b.b.s., and .....

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Jun 04 2009 (HC)

State of H.P. Vs. Dr. Ravinder Datyal

Court : Himachal Pradesh

Reported in : 2010CriLJ62

..... , to be so held, must be of such a high degree as to be 'gross'. the expression 'rash or negligence act' as occurring in section 304-a, i.p.c. has to be read as qualified by the word 'grossly'.to prosecute a medical professional for negligence under criminal law it must be shown that ..... there is no such evidence adduced by the prosecution on the above lines and further more pw-10 dr. d.n. chadha, the then chief medical officer examined before the learned trial court has specifically testified that there was no negligence of respondent-doctor and the deceased shakti chand had died in ..... offences, to which he pleaded not guilty and claimed trial.10. to prove its case, prosecution examined its witnesses and respondent was also examined under section 313 of the code of criminal procedure. his case was denial simpliciter. according to him, deceased was given proper treatment and he was falsely implicated in ..... wife but there was neither any swelling nor bleeding. however, his other family members woke-up and as a matter of precaution, he was taken around 2 a.m. to the district hospital, una. the respondent doctor was on duty. he clinically found the case of insect bite on the fore arm and ..... surinder singh, j.1. the respondent-medical doctor was tried and acquitted for the offences punishable under sections 337 and 304-a of the indian penal code, which has been challenged in this appeal by the state.2. in short, the facts of the case can be stated thus.3. shri shakti chahd bhardwaj (deceased) .....

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Dec 29 2008 (HC)

State of H.P. Vs. Amrish Kumar

Court : Himachal Pradesh

Reported in : 2009CriLJ2126

..... matter to the police. thereafter, the mother accompanied by the landlord and the prosecutrix went to the police station where she lodged the complaint ext. pa. the prosecutrix was got medically examined and the police completed the investigation. thereafter, challan was filed against the accused who pleaded not guilty and claimed trial. the prosecution examined as many as 12 witnesses. the ..... such a person. there are no special circumstances to reduce the sentence below the minimum laid down in the act. therefore, we sentenced the accused to undergo 10 years rigorous imprisonment and pay fine of rs. 10,000/- for the offence under section 376(2)(f). in default of payment of fine, he shall undergo further rigorous imprisonment for a period of one ..... penetration of penis in vagina is an offence of rape. slightest penetration is sufficient for conviction under section 376, ipc.xxx xxx xxx xxx21. in view of the catena of judgments of the indian and english courts, it is abundantly clear that slight degree of penetration of the penis in the vagina is sufficient to hold the accused guilty for the offence ..... under section 375, ipc punishable under section 376, ipc.the apex court in aman kumar v. state of haryana : 2004crilj1399 has held as under:7 .....

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Nov 20 2001 (HC)

Kheti Ram and anr. Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2003CriLJ86

..... have intended to inflict the injuries which she sustained on account of his act and therefore, the offence was brought down from first degree murder to culpable homicide not amounting to murder. the conviction is altered from section 302, ipc to section 304, part ii, ipc. in kalinder bharik v. state of h. p., 2000 scc ..... circumstances of that case, the conviction of the accused was altered from murder to culpable homicide not amounting to murder and the accused was sentenced under section 304, part ii, ipc. in state of u. p. v. indrajeet alias sukhatha, 2000 scc (cri) 1338 : (2000 cri lj 4663), considering the ..... bottle but that circumstance by itself will not be a ground to disbelieve the positive and reliable evidence of the eye-witnesses corroborated by medical evidence that accused kheti ram struck a blow of bottle on the head of the deceased which was broken into pieces after strike. the ..... ordinary course of nature. the intention or knowledge of the accused can be gathered from their overt act when they threw chaman lal from a 'dhank' with all possibility that he would definitely die if injury inflicted upon him by striking the bottle on his head was not sufficient to cause ..... his death. to bring the offence committed by the accused within clause fourthly of section 300, ipc punishable under section 304, ipc mr. anup chitkara, learned .....

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Jan 09 1998 (HC)

State of Himachal Pradesh Vs. Union of India (Uoi) and anr.

Court : Himachal Pradesh

Reported in : AIR1998HP46

..... classes only after the approval of the medical council of india'. 5. under sub-section (1) of section 10-a of the indian medical council act, 1956 (for short 'the act') no person shall establish a medical college except with the previous permission of the central government obtained in accordance with the provisions of that section. sub-section (2), inter alia, mandates that the central ..... of india made regulations on 20th september, 1993 in exercise of powers under section 10-a read with section 33 of the act relating to establishment of new medical colleges, opening of higher courses of study and increase of admission capacity in medical colleges. sub-section (2) (a) of section 10-a requires that the applicant should submit a scheme to the central ..... compliance and that formal permis-sion will be granted after the conditions are complied with. the permission should include a clear-cut definition of preliminary requirements to be met in respect of buildings, infrastructural facilities, medical and allied equipment, faculty and staff etc. before admitting the ist batch of students. the permission should also indicate the annual ..... one lecture hall would do or whether the qualifications possessed by the staff members would be sufficient to get on with the administration of the institution and related matters definitely fall outside the power under article 226. fully conscious of this, we have eschewed from our scrutiny matters that fall properly within the ambit of appellate power. .....

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Oct 13 1992 (HC)

Bidhi Singh Vs. M.S. Mandyal and anr.

Court : Himachal Pradesh

Reported in : 1993CriLJ499

..... sarkaria, j. said, (in paragraph 18), that :'the words 'any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty' employed in section 197(1) of the code, are capable of a narrow as well as a wide interpretation. if these words are considered ..... that cognizance could not have been taken by the chief judicial magistrate of the complaint against shri mandyal in the absence of a proper sanction under section 197 cr.p.c. he also held that there is no, prima facie, case justifying issuance of the process to shri mandyal. the proceedings ..... within the scope of his official duty. thus, a judge neither acts nor purports to act as a judge in receiving a bribe, though the judgment which he delivers may be such an act : nor does a government medical officer act or purports to act as a public servant in picking the pocket of patient whom he ..... 3 of 1982 - court on its own motion v. milkhi ram'. after disposal of the contempt petition, the present pro-ceedings came up before us on june 2, 1992. after hearing shri k. c. rana appearing for petitioner bidhi singh we directed issue of notice, pending admission of the petition, to respondent shri mandyal. ..... were brought before him hand-cuffed, the learned magistrate lost his temper and abused bidi singh by uttering the words 'non-sense' and 'bloody fool'.2. on july 22,1981 applicant bidhi singh filed a complaint in the court of the chief judicial magistrate. he alleged that by his conduct in .....

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Nov 23 1989 (HC)

Leela Devi and anr. Vs. Ram Lal Rahu and anr.

Court : Himachal Pradesh

Reported in : 1990ACJ431

..... is a clear-cut distinction between the provisions of sub-section (1) and sub-section (2) of section 3. the first part deals with the injury directly caused to the person of the workman whereas sub-section (2) deals with occupational diseases mentioned in schedule iii to the act. this judgment, therefore, is of no assistance to ..... disease arose out of the employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of this section. (2-a) if a workman employed in any employment specified in part c of schedule iii contracts any occupational disease peculiar to that employment, the ..... in lancaster v. blackwell colliery co. ltd. 1918 wc rep 345, observed:if the facts which are proved give rise to conflicting inferences of equal degrees or probability so that the choice between them is a mere matter of conjecture, then, of course, the applicant fails to prove his case, because it ..... from the proved facts so long as it is a legitimate inference. it is of course impossible to lay down any rule as to the degree of proof which is sufficient to justify an inference being drawn, but the evidence must be such as would induce a reasonable man to draw it ..... of pain in the chest while on duty around midnight. he was asked to lie down but his condition deteriorated thereafter and he died. the medical evidence showed that the deceased was suffering from heart disease and the death was caused thereby. the commissioner dismissed the claim of the widow of the .....

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