Court : Mumbai
Decided on : Aug-18-2001
Reported in : (2002)2BOMLR272; 2002(1)MhLj906
..... the schedules; (k) 'state medical register' means a register maintained under any law for the ..... medicine; (h) 'recognised medical qualification' means any of the medical qualifications included in ..... third schedule to the imc act and also having undergone the training as required under section 12(2) of the imc act. 4. it would be convenient at the outset to set out the relevant provisions of the imc act, 'section 2. definitions : (d) 'indian medical register' means the medical register maintained by the council; (e) 'medical institution' means any institution, within or without india, which grants degrees, diplomas or licenses in .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-13-2001
Reported in : AIR2002Bom22; 2002(1)ALLMR105; 2002(2)BomCR734; (2002)1BOMLR9; 2001(4)MhLj553
..... of ensuring that their behaviour and conduct is consistent with the faith imposed upon on them by the society to benefit those in distress. these regulations are contained in indian medical degrees act, 1916 and indian medical council act, 1956 which are applicable in the field of allopathy system of medicine. right to practice in homoeopathy is regulated by the homoeopathy central council ..... council of india or by the central council of indian medicines or (iii) has been conferred granted or issued by a body or institution referred to in sub-section (1) of section 35. a contravention of sections 33, 33-a ..... . section 36 imposes a prohibition on the addition of any title or description to the name of any person reflecting a qualification to practice and system of medicine unless the person concerned holds such a degrees, diplomas, licence or certificate and this degree or diploma is (i) recognised by any law for the time being in force in india or (ii) recognised by the medical ..... , 34, 35, 36 of the act is made an offence which is punishable with .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-21-2001
Reported in : 2002(1)ALLMR1; 2002(3)BomCR219
..... is established except with the previous permission of the central government in accordance with the provisions of section 10a, no medical qualification granted to any student of such medical college shall be a recognised medical qualification for the purposes of this act.(2) where any medical college opens a new or higher course of study or training (including a post-graduate of study or ..... declined to grant any additional seat even as one time increase. it is stated that the present situation, is an unprecedented and an extraordinary situation and section 10a of the indian medical council act will apply to a permanent increase and not to a one time increase. it is further stated in this affidavit that the proposal of the state ..... sections 10a. 10b and 10c in the medical council act, the medical council has framed regulations with the previous approval of the central government which were published in the gazette of india, dated 29.9.1993 (though the notification is dated 20.9.1993). any medical college or institution which wishes to increase the admission capacity in m.b.b.s./higher courses (including diploma/degree ..... /higher specialities), has to apply to the central government for permission along with the permission of the state government and that of the university with which it is affiliated and in conformity with the regulations framed by the medical council. only the medical college or institution which is recognised by the .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-16-2001
Reported in : 2002(3)MhLj762
..... universities of india. the petitioner might have moved in his private interest but enquiry into the conduct of the examiners of the bombay university in one of the highest medical degrees was a matter of public interest. such state of affairs having been brought to the notice of the court, it was the duty of the court to the ..... of three years so, however, that the total period of any lease shall not exceed nine years.' sub-section (2) of the said section has contemplated framing of rules by the state government in that regard. in addition under section 321 of the municipalities act, the state government is empowered to frame rules. the state government has framed initially maharashtra municipalities (transfer ..... land for educational, charitable and public purposes and states that the council may with the previous approval of the government grant lease of land for the promotion of educational, medical, religious, social and charitable purposes, to charitable trusts or government department or semi-government bodies on payment of such concessional premium as the council may, at its discretion, ..... 21. grant of land for educational, charitable and public purposes. --the council may with the previous approval of the government, grant the lease of land for promotion of educational, medical, religious, social and charitable purposes, to charitable trusts or government department of semi-government bodies on payment of such concessional premium as the council may, at its discretion, determine, .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-03-2001
Reported in : AIR2002Bom104; 2002(2)BomCR743; 2002(1)MhLj846
..... is constituted under the maharashtra medical council act, 1965 (hereinafter referred to as, 'the act'). the executive committee is formed under section 11 of act and consists of four ex-officio independent members who are all medical practitioners.8. the council itself is constituted under section 3 of the act. it is conferred, inter-alia, under section 10(d) of the act with the power to reprimand ..... negligence in discharge of their professional duties; in particular, in treating the petitioner's father at ashirwad heart hospital, ghatkopar (east), bombay.2. the only grievance of the petitioner is that the respondent - maharashtra medical council ought not to have accepted the recommendations of its executive committee that there is no prima facie case against the respondents - doctors ..... that;(i) it is the council alone which has exclusive power to file papers if in its opinion no prima facie case is made out against the medical practitioner or, (ii) exonerate the medical practitioner of the charges levelled against him if the explanation offered by him is considered satisfactory, or (iii) direct an inquiry to be held in ..... all the papers submitted by the complainant, instruct the registrar to ask the practitioner by means of a registered letter for any explanation he may have to offer. (2) all the documents pertaining to the complaint including any explanation forwarded by the registered practitioner shall then be referred to the executive committee along with the remarks of .....Tag this Judgment!
Court : Mumbai
Decided on : May-04-2001
Reported in : 2001ALLMR(Cri)1675; 2001CriLJ3411
..... have something to do, or must be related in some manner, with the discharge of official duty. no question of sanction can arise under section 197, unless the act complained of is an offence; the only point to determine is whether it was committed in the discharge of official duty. there must be ..... thereto and necessary for their enjoyment belonging to an agriculturist and occupied by him. the complainant was admittedly an agriculturist and as such the proviso to section 176 of the maharashtra land revenue code is attracted. therefore, strictly speaking the action of the applicant would not be justified and is on the ..... lie 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 governmental medical officer act or purport to act as a public servant in picking the pocket of a patient whom ..... pay a fine of rs. 2,000/- in default to suffer s.i. for one month. they were acquitted of the other charge. the appellant ..... and learned app for non-applicant no. 2/state.2. the applicant, along with co-accused, was tried for offences under sections 426, 448, 500 read with sections 34 and 120-b of ipc. the appellant and the co-accused were convicted for the offence under section 426 read with section 34, ipc and were sentenced to .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-04-2001
Reported in : AIR2002Bom97; 2002(3)BomCR416; (2002)1BOMLR504; 2002(1)MhLj737
..... of indian medicines from preventing the members of the public in general and the petitioners in particular from attending the enquiries held under section 22 of the maharashtra medical council act, 1965. 2. for the sake of convenience we intend to refer to the facts of writ petition no. 493 of 1990. the first petitioner in this writ petition is a ..... such relationship the general public cannot be permitted to attend disciplinary enquiry proceedings against the registered doctor. he submitted that section 9(1) is applicable to enquiry proceedings under section 22 of the act of 1965. 6. the maharashtra medical council act, 1965 was enacted to unify, consolidate and make better provision in the law regulating the registration of persons practising modern ..... therules is preliminary; chapter ii deals with election; chapter iii deals with conduct of business of the ..... respect of manner of convening, holding and conducting meetings of the council and section 22 about the manner of holding enquiries. in exercise of its powers conferred by sub-sections (1) and (2) of section 30 of the act of 1965, the government of maharashtra has made the rules titled maharashtra medical council rules, 1967 (for short 'rules of 1967'). chapter i of .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-17-2001
Reported in : [2001(91)FLR1185]; 2002(2)MhLj227
..... perverse. in this context, the supreme court in the christian medical college case (supra) held thus with regard to the power of the court under section 11-a of the industrial disputes act, 1947:'the power under section 11-a of the act has to be exercised judicially and the industrial tribunal or the ..... employer is called for has to have regard to the question as to whether the punishment which has been imposed is 'highly disproportionate to the degree of guilt of the workman concerned.' this view has been reiterated in several decisions of the high courts to which my attention was drawn during ..... this court justice b. n. srikrishna made the following observations in this context while construing the provisions of section 11-a of the act in general employees union v. ambassador sky chef & ors., 1995 ii clr 427 .'it is now settled by the judgment of the supreme court in workmen of firestone tyre and ..... a recent judgment, a learned single judge, mr. justice b.h. marlapalle has held in bajaj auto ltd. v. kalidas devram patil, : 2000(2)bomcr630 that incidents of assault, either inside or outside the factory premises, akin to the instant case, are required to be dealt with strictly and any ..... and proper. thereafter, the evidence of the workman was recorded by the labour court. on 1st october, 1997, the labour court delivered its part-ii award by which the court came to the conclusion that the findings of the enquiry officer were not perverse. however, the court held that the punishment .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-20-2001
Reported in : 2002(1)MhLj701
..... hostesses stated :'i would like to assure the hon. members who spoke on the issue of discrimination against women especially against air hostesses that i will definitely bring it to the notice of the minister of civil aviation. we do understand their problems. as you are aware, even the former minister for ..... civil aviation shrimati jayanthi natarajan passed orders which got implemented only with regard to the indian airlines. i will definitely bring it to the notice of the hon. minister of civil aviation. constitutionality it needs to be rectified. we will take steps',19. at this ..... in air india and indian airlines would be entitled to continue in service and retire at the age of 45 years subject to their being medically fit. medical fitness was to be determined annually on the basis of an examination conducted by the corporation. the discretion of the managing director to deny continuation ..... the affidavit, clearly shows that the functions of the two, though obviously different, overlap on some points but the difference, if any, is one of degree rather than of kind. moreover, being members of the crew in the same flight, the two separate classes have to work as a team, helping and ..... law for the time being in force. section 5 as amended is clear in this regard. any doubt in the contrary is set at rest by a reference to clause 2 of the s.o. rs. of the amending act 49 of 1987 which reads as under :--'2. the act, while requiring equal payment to be .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-09-2001
Reported in : 2002(2)BomCR29; [2002(92)FLR1048]; (2002)IILLJ569Bom
..... maintainable. undoubtedly the factory at aurangabad is covered under the industrial employment (standing orders) act, 1946 and the said act is to provide for defining with sufficient precision certain conditions of employment in industrial establishments and for certain other matters. in section 2(g) of the said act the term 'standing orders' has been defined to mean the rules relating to matters ..... weaker party under pressure of circumstances, generally economic, which results in inequality of bargaining power. such contracts will not fall within the four corners of the definition of 'undue influence' given in section 16(1). further, the majority of such contracts are in a standard or prescribed form or consist of a set of rules. they are not contracts ..... provisions will not become a statutory body and the dismissed employee cannot enforce a contract of personal service against a non-statutory body. 13. the decision in vaish degree collegewas followed in deepak kumar biswascase. there again a dismissed lecturer of aprivate college was seeking reinstatement inservice. the court refused to grant the reliefalthough it was found ..... of appointment are in a stereotype form. under these letters of appointment, the corporation could without any previous notice terminate their service, if the corporation is satisfied on medical evidence that the employee was unfit and was likely for a considerable time to continue to be unfit for the discharge of his duties. the corporation could also without .....Tag this Judgment!