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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: patna Page 1 of about 426 results (0.060 seconds)

Feb 21 2003 (HC)

Sri Sarjoo Prasad and ors. Vs. the State of Bihar and ors.

Court : Patna

..... vide section 71-b. it says that notwithstanding anything to the contrary contained in the act or in the statutes, and regulations made thereunder, the patna university shall perform functions relating to teaching, examination and confirmation of degrees to the students of the bihar college of physiotherapy and occupational therapy, patna.6. attention was also drawn to the bihar amendments in the indian medical degrees act 1916 ..... this connection to notice the definition of 'medicine' occurring in section 15(2)(b). the term has been defined in section 2(f) of the act to mean,'modern science medicine in all its branches and includes surgery and obstetrics, but does not include veterinary medicine and surgery.' it may be useful to notice the definition of 'recognised medical qualification' in section 2(h) of the act as follows:'means any ..... of the medical qualifications in the schedules' the definition of the term 'state medical register' in section 2(k) may also be noticed as under: 'a register maintained under any law for the time being in .....

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Jun 24 2008 (HC)

Rational Committee of Homeopathies and ors. and Dr. Nitya Kaushal Sinh ...

Court : Patna

..... own standards and their own diplomas and degrees. section 13 of the act lays down what degrees or diplomas would qualify as recognized medical qualification for the purposes of the act. apparently, under the act, though section 20 authorized framing of regulations prescribing standards, the regulations were enacted only in 1983 being the homoeopathy (degree course), bhms regulations 1983 and homoeopathy (graded degree course), bhms 1983. these were ..... .16. in my view, the submission is not correct. a reference to the decision of the central council dated 13.03.1990 (annexure-2), declares four years' diploma course in homoeopathy (dhms) equivalent to degree. it does not say that it is restricted to any matter or in any manner much less in respect of service or salary purposes. ..... placed reliance on the judgments in the case of jayant jairam rohee v. maharashtra public service commission being a division bench judgment of bombay high court since reported in 1986 (2) service law reporter 159 and in the case of mrs. neelam verma v. the thapar institute of engineering and technology at patiala and ors. since reported in 1988 ( ..... the exclusion thereof is arbitrary and unwarranted denying equal opportunity of employment under state to all.in cwjc no. 13583 of 2007 : dr. nitya kaushal sinha and ors.:2. the writ petitioners have challenged the action of the respondent in accepting application forms for the above mentioned appointment from dhms who had got their diplomas prior to 11.05 .....

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May 22 1995 (HC)

Brijendra Singh Vs. State of Bihar and ors.

Court : Patna

..... the fact that two similar enactments. the bihar non-govt. physical training colleges (control & regulation) act, 1982 and the bihar indigenous medical education institution (regulation & control) act, 1982 and section 2 of the first act prohibits imparting the education for the grant of degree/diploma (as well as for the grant of certificates for the courses described therein). there is a ..... similar provision in the latter act. in the act under consideration certificate is not included in the prohibition. ..... the petitioner referred to the provision of the bihar act, 1982. section 2 prohibits conducting and running colleges for imparting of education for the grant of degree/diploma in engineering and in pharmacy. this section prohibits admission in a college for grant of aforesaid degrees. section 7 of the act says that this act applies to all private engineering and pharmacy institution who ..... iron and steel co. ltd. also agreed to impart practical training in their, mines to the trainees of the institute (annexure-6).13. it is the definite case of the petitioner that the institute prepares the students by way of coaching them in theory and arranging practical training in various mines as stated hereinbefore to make .....

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Feb 18 2000 (HC)

Dr. Sudhir Kumar Singh and ors. Vs. State of Bihar and ors.

Court : Patna

..... the faculty under the 1951 act and were granted certificates and conferred degrees, for the g.a.m.s. course by the faculty. their further cases is that the central act of 1970 provides, for recognition of medical qualifications granted by certain medical institutions in india which are included in the ii schedule and as per section 14 of 1970 act, all such medical qualifications granted by any university ..... , board or other medical institution in india shall ..... be recognized medical qualifications for the purposes of this act. iind schedule to the act of 1970 contains statewise entries and entry nos. 6 to 9a relate to institutions/universities of bihar. as per entry no. 6 the g.a.m.s. degree .....

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May 19 1999 (HC)

Ardeshir Dalal Memorial Hospital Vs. State of Bihar and ors.

Court : Patna

..... possible conclusion which can be arrived at is that the respondent cannot be held to be regarded as a workman under section 2(s) of the act.' 13. admittedly, in the instant case, theworkman concerned, dr. a.p. rao wasoriginally appointed as medical officer by theboard of governors in the year, 1970 and,thereafter he was promoted as residentmedical officer for the hospital and ..... considering the facts, evidence and relevant provisions of law, held that the petitioner-hospital is an industry and respondent no. 3 is a workman within the meaning of section 2(s) of the act as he was not doing managerial and administrative work in the said hospital but he was performing the technical, clerical and manual work. accordingly, labour court held that the ..... the management was justified or not. before the labour court the management raised an objection that respondent no. 2 was not a workman within the meaning of the expression as defined in section 2(s) of the industrial disputes act. the matter ultimately went to the apex court, and the apex court after considering its earlier decision, held as under: 'the aforesaid facts, in ..... tribunal has no option but to decide the reference. mr. sinha, then submitted that the labour court has come to a finding that the respondent no. 3 comes within the definition of workman and the supervisory work entrusted to him was incidental to his duty. according to the learned counsel, the nature of job performed by the respondent no. 3 was .....

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Jan 05 2000 (HC)

Baidyanath Hathi Vs. the State of Bihar and anr.

Court : Patna

..... and not on the basis of what is alleged by the accused. in determining whether the offence was such as required sanction under section 197 the criminal acts attributed to the accused in the complaint are to be taken as alleged; whether such allegation is true or false cannot be considered at ..... the complaint petition by the learned chief judicial magistrate for want of sanction under section 197 of the code; under the facts and circumstances of this case; to say the least, is wholly unwarranted. the impugned order is, accordingly, ..... becomes perfectly clear to me that under the facts and circumstances of the case as alleged in the complaint petition no sanction for prosecution under section 197 of the code was necessary and the learned chief judicial magistrate has completely misdirected himself on this point by holding otherwise. the dismissal of ..... examination held that the deceased was hit with legs and fists in the stomach and chest. the totality of the medical evidence gave rise to a strong suspicion that the death was caused by the police officials during the investigation. it was held that any such ..... present case it is not so. hence the requirement of sanction under section 197 of the code, as held by the learned court below, is not necessary before taking cognizance against the opposite party no. 2. the test whether the act complained of is integrally connected with the official duty would not be .....

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Mar 07 1995 (HC)

Dr. Ramesh Chandra Vs. the State of Bihar and ors.

Court : Patna

..... not possess the necessary qualification for appointment as associate professor or professor in neuro surgery. according to him, in terms of the regulations framed by the medical of india under section 33 of the indian medical council act, 1956, degree of m.ch. in neuro surgery is a must for appointment as professor/associate professor and since respondent no. 3 does not possess the said ..... the qualification laid down in the 1971 regulations. as would appear (see para 16 above) the qualification prescribed in the said regulation is of two types-(i) academic qualification, and (ii) teaching/research experience. while two years special training in the speciality concerned along with m.s./f.r.c.s. is treated as a part of academic qualification, as an ..... of professor in the said department. the dispute has a long chequered career. shortly stated, the facts of the case are as follows.2. the petitioner after doing his m.b.b.s. joined the then prince of wales medical college, patna, as demonstrator in the department of anatomy. in 1965 he was granted study leave for two years. he did m ..... of five years. 'teaching experience' was defined under rule 5 to mean teaching experience in the speciality concerned 'after obtaining post-graduate qualification as specified in annexure-ii'. the relevant entry of annexure-ii dealing with the post of professor in cardiology laid down that the candidate must possess one of the following post-graduate qualifications in the concerned speciality-(a) d .....

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Nov 01 1994 (HC)

Mata Gujri Memorial Medical College and Lions Sewa Kendra Hosptial Vs. ...

Court : Patna

..... provides that no person shall provide instructions, lectures, tutorials, practical work in the laboratories in medical institution irrespective of whether it leads to an examination and grant of degrees etc. to medical science or allied branches of learning. first proviso to section 2(c) provides that no medical courses of study shall be opened by any individual or body or institution or agency without ..... of the b.n. mandal university is that without permission of the state government to open a medical course of study as required under the proviso to section 2 of the bihar medical education institution (regulation and control) act, 1981 (hereinafter referred to as the 'bihar act'), the college started functioning and admitting the students, according to the respondent the university was created ..... will not apply to minority institutions. thus, it is held that the proviso to clause (c) of section 2 of the bihar act does not apply to minority institutions. however, as i have held that the amended provisions of the indian medical council act are applicable in the case of the petitioner's institution, the non-applicability of the aforesaid provisions of ..... that no prior permission for the establishment of institution was taken by the state government in accordance with the provisions of proviso to clause (c) of section 2 of the bihar act is not tenable in law for the reason that no prior permission is required for establishing a minority institution in view of the provision of article 30(1 .....

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Mar 30 1993 (HC)

Gaurab Chauhan Vs. the State of Bihar and ors.

Court : Patna

..... university to see that it does not produce sub-standard doctors who may upon having obtained a degree play with the lives of the patients.36. the medical college as also the university, thus not only have a legal, but also a moral responsibility to sec that degrees are conferred only to those students who have complied with the requirements of law by completing ..... the courses of studies laid down by the statute.37. the medical college and the university are not supposed to produce half baked and/or sub-standard doctors ..... nature of recommendation. regulation i which lays down the conditions or qualifications for admission into medical course comes within the competence of the council under section 33 of the act and is mandatory and the council has used language to manifest the mandatory character clearly, whereas regulation ii which deals with the process or procedure for selection from amongst eligible candidates for admission is ..... impact on the bare basic needs of the society.44. it is a case of a student, who intends to be a doctor by acquiring mbbs degree, grant whereof ensures a meticulous training in medical courses and hundreds of persona would be inspiring confidence on such professionals entrusting the lives of their kith and kins in the hands of such professionals. the .....

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Jun 24 2009 (HC)

Dr. Vikas Singh S/o Sri Umesh Prasad Singh Vs. the State of Bihar thro ...

Court : Patna

..... . this has also been followed in m.d. (general medicine) 2005-2008 examination, i do not find that examination was conducted in violation of section 39 of the patna university act or regulation as well as medical council of india regulation, 2000. the allegation made by the petitioner that entire examination was one man show of respondent no. 6 has no substance ..... in law. it has been stated by the petitioner that examination of m.d. (general medicine) 2005-2008 has been conducted in breach of examination rules of patna university act and medical council of india rules. this has been done at the instance of respondent no. 6 on account of abuse of power. it is not in dispute that patna university ..... examination has been made a mockery. the internal examiner was appointed ignoring seniority. as per regulation, head of the department can not be an examiner in the examination of those medical colleges from where externals are selected, but, respondent no. 6 is coneccted with examinations of those universities from where externals were selected for conducting examination of m.d. (general ..... subject to the provisions of the act and ordinances in the matters of (a) courses of studies, (b) condition of attempts and eligibility for awarding degree and diploma, (c) creation of teaching, faculty, constitution, power and functions of the examination board, (d) mode of appointment and duties of the examiners and conduct of examination. clause (2) of section 39 proscribes procedure for framing of .....

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