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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: patna Year: 2009 Page 1 of about 32 results (0.054 seconds)

Jun 24 2009 (HC)

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

Court : Patna

Decided on : Jun-24-2009

..... . 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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Aug 28 2009 (HC)

Dental Council of India Through Its Secretary, a Body Constituted Unde ...

Court : Patna

Decided on : Aug-28-2009

..... college) to obtain recognised (by dental council) degrees, it must affiliate itself with an university. the university under the bihar universities act, 1976 is to grant affiliation only if recognition is granted by dental council of india.(d) for grant of affiliation by an university under sub-section 2 to section 21 of bihar state universities act, 1976, the university, nor the institute ..... from the state government, the institution of the petitioner could not be treated as having been lawfully established. with reference to the provision of the bihar medical education institutions (regulation and control act), 1982, (bihar act 23 of 1982), it was contended that prior permission of the state government was mandatory before the establishment of any ..... herein with regard to the stipulations provided under the bihar medical education institution (regulation and control) act, 1981 (hereinafter referred to as the act 23 of 1982), it was submitted that section 7 of the said act deals with applicability and outlines the institutions which would be covered under the said act. it was submitted that it were only such institutions which ..... were covered under the indian medical council act and found in the ist schedule thereof which were covered by the act, 1981. it was stated that section 7 nowhere refers to dental institutions or institutions regulated under the dentist act, 1948. it was thus submitted that there was a conscious omission on .....

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Nov 09 2009 (HC)

Surya Nandan Prasad Son of Sri Ram Keshwar Ram, Vs. the State of Bihar ...

Court : Patna

Decided on : Nov-09-2009

..... we must at the outset notice as indicated hereinabove to establish that reference of the post of factory inspector is made in rule 3(1)(ii) of the technical rules. furthermore section 8(4) of the factories act provides that every district magistrate shall be an inspector for his district. rule 13 of the bihar factories rule 1950 lays down the powers of ..... authorities issued order dated 9.9.2004 (annexure1/6), whereby respondent nos. 6 and 7 have been permanently absorbed in the services of the department as inspector of factories (medical), and consequently their lien in the parent department has been terminated, leading to the writ petition. the learned single judge has dismissed the writ petition and upheld the impugned order ..... , to carry out such medical examinations as may be necessary for the purposes of his duties under the act. rule 13a provides for qualifications of an inspector, sub-rule (b) of which provides that 'he must have secured a degree or diploma or equivalent to a degree of a recognised university in any branch of engineering, technology or medicine'. it is thus evident ..... existence of the post of inspector of factories (medical) in this department. rule 9 prescribes the 'qualifications' of inspector of factories. the relevant portion of rule 9(a) is reproduced hereinbelow for the facility of quick reference:9. qualifications(a) a candidate for appointment as inspector of factories must possess-2(i) a degree of a recognised university in any branch of engineering .....

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Jun 24 2009 (HC)

Dr. (Mrs.) Pramila Gupta, Wife of Dr. A.K. Gupta Vs. the State of Biha ...

Court : Patna

Decided on : Jun-24-2009

..... , the standard should be proved of recklessness and deliberate wrongdoing, i.e., a higher degree of morally blameworthy conduct. mere lack of proper care, precaution and attention or inadvertence might create civil liability and not a criminal one. it also ..... that in cases of alleged criminal offence against the doctor causing death of his patient during treatment, the act complained against the doctor must show negligence or rashness of such a higher degree as to indicate a mental state which can be described as totally apathetic towards the patient.10. then ..... improper or incorrect. he merely opined that the action ought to have been taken earlier. this by itself cannot be said to be an act of negligence since the time factor happens to be the personal opinion of the individual.12. in the entire complaint petition, there is no ..... the mutual confidence between a doctor and the patient. every mishap or misfortune in the hospital or clinic of a doctor is not a gross act of negligence to try him for an offence of culpable negligence. the bench categorically observed that for conviction of a doctor for alleged criminal offence ..... with accused nos. 2 and 3 in performing the repeated caesarean operations for greed of money and retaining the patient in the clinic for extorting money, misappropriating the medicines and medical aid on the pretext of post operative services and as such a prima facie case under sections 304a, 338 and 447 .....

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Jul 02 2009 (HC)

Vikash Kumar Raj Son of Sri Brajnandan Prasad Vs. the State of Bihar,

Court : Patna

Decided on : Jul-02-2009

..... quota. so far as numerical difference in number of seat of pgmat-09 it is stated that pg medical degree courses available in the govt. medical colleges are of two types (i) courses recognized by mci and (ii) courses yet to be recognized by mci. the open central quota seats include 50% of the total ..... against the seats which are yet to be recognized by the m.c.i. is violative of section 10a of the medical council of india act which inter alia empowers the m.c.i. to grant recognition for medical teaching as also to fix intake capacity of the course/college. it is, thus, obvious that ..... parties i express my inability to accede to the request made by the learned advocate general. in view of the provisions contained in section 10a of the medical council of india act it is evident that the b.c.e.c.e.b. should have made recommendation for admission only against seats which are ..... or by c.b.s.e. (under all india quota) before the bifurcation of bihar i.e. 15.11.2000 in medical colleges situated in jharkhand and have obtained the degree of m.b.b.s. are also eligible for appearing in this competitive examination for admission in academic, session 2009 in this ..... aforesaid clause present writ application has been filed asserting that the institutional preference granted in favour of candidates obtaining m.b.b.s. qualification from medical colleges of bihar state tantamounts to granting 100 per cent reservation in favour of the candidates obtaining m.b.b.s. qualification from bihar state which .....

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Sep 17 2009 (HC)

Sudhanshu Mauli Tripathi Son of Sri Umakant Tripathi Vs. Meena Kumari ...

Court : Patna

Decided on : Sep-17-2009

Reported in : 2010(58)BLJR195

..... matrimonial offence theory found under section 13 of the hindu marriage act, or the break-down theory, which is the case in hand. their lordships have held that there could not be any comprehensive definition of mental cruelty covering all forms of cases and that the concept ..... iii) mere coldness or back of affection cannot amount to cruelty, frequent rudeness of language, petulance of manner, indifference and neglect may reach such a degree that it makes the married life for the other spouse absolutely intolerable.(iv) mental cruelty is a state of mind. the feeling of deep anguish, disappointment ..... 511. a three judge bench of the apex court has explained in detail the concept of mental cruelty as envisaged under the provisions of section 13 of the hindu marriage act. their lordships while examining the issue have held that a petition of divorce is either based on a fault theory also known as ..... of the apex court and a number of authoritative pronouncements were made in the backdrop of circumstances where the grounds set out in section 13 of the hindu marriage act could not be satisfied by the person claiming divorce. the apex court has taken a view that in the circumstances where there was ..... her naihar and that she had not gone on her own volition. he also refers to ext. b which is the medical certificate for the period of 29.12.1984 to 2.1.1985, and the address mentioned wherein is that if the petitioner and which according to him by itself was sufficient .....

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Sep 16 2009 (HC)

Merck Limited Through Its Director R.L. Shenoy S/O R. Achutha Shenoy V ...

Court : Patna

Decided on : Sep-16-2009

..... this count.12. it is next urged by learned counsel for the petitioner that a medical representative is not covered by the definition of workman under section 2(s) of the industrial disputes act and thus he cannot seek any redressal of his grievance under the industrial disputes act and for the said reason the reference of the case to the labour court is invalid ..... wages except in case of such an employee employed or engaged in supervisory capacity drawing wages exceeding 1600/- rupees per mensem. the relevant provisions of section 2(d) and section 6(2) of the act are quoted hereinbelow:2. definitions.- in this act, unless the context otherwise requires, -(d) 'sales promotion employees' means any person by whatever name called (including an apprentice) employed or engaged in ..... for the petitioner is contrary to and not at all borne out by section 6(2) of the act. in fact the same deeming fiction is to be found in the definition of workman under section 2(s) of the industrial disputes act for the same purpose so as to apply the definition not only to the existing workmen but also those who have been dismissed, ..... . it is contended that section 6(2) of the sales promotion employees (conditions of service) act, 1976 applies the .....

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Jan 15 2009 (HC)

Rabindra Nath Mishra S/O Late Muktinath Vs. Presiding Officer, Central ...

Court : Patna

Decided on : Jan-15-2009

..... of permanent workmen/employees three months' notice.(b) in the case of temporary workmen/employees, probationers, apprentices having less than one year of continuous service as defined in section 2(eee) of the industrial dispute act, 1947, 14 days' notice, if their services are terminated before the expiry of the specified period of their appointment or posts held by them.8. there is ..... effect from 13.8.1987. letter of termination is annexure-6 to the writ application. petitioner protested against the arbitrary decision on many grounds, including the fact that no proper medical board was constituted, no opportunity of hearing was afforded, the order of termination was from a retrospective date and even the so called provision of the standing order had not ..... is concerned, more so when the termination is not as a measure of penalty for misconduct. in fact, standing order no. 22 ii (d) categorically lays down the following termination of service of an employee: (i) on medical grounds, or (ii) on account of retrenchment, or (iii) during or at the end of the period of his probation in accordance with the terms ..... over come the trauma of the accident.3. vide letter dated 22.6.1987 the petitioner was advised to appear before the medical board for examination of his disability caused due to accident on duty. petitioner who was examined by chief medical officer of i.o.c. hospital with some of his subordinates was declared permanently and totally disabled. based on the .....

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Feb 04 2009 (HC)

The State of Bihar Vs. Dr. Tripti Sinha

Court : Patna

Decided on : Feb-04-2009

..... respect of prayer for bail of an accused in patliputra p.s. case no. 131 of 2008, the court could confront a situation which indicated definite manipulations in the medical report. the court, during hearing of the petition, perused one of the annexed documents in its photo stat copy form, at running page 23 of ..... that particular branch of science which trains a person to express opinion and who is rather authorized under law to render such opinion under section 45 of the evidence act. taking another ordinary view also raises the same inference that the respondent, being a public servant who is supposed to be conscious of ..... finally on 11.7.2008 unilaterally fixing her opinion about the age of the child? that opinion appears, prima facie, manipulated and given with a definite intent of benefiting the accused. even an untrained mind in life science, by mere perusal of the photograph which was pasted on the radiological report, ..... contempt proceeding initiated suo motu or brought before the court.6. one thing is very clear that the report which was made by the respondent was definitely designed in such a way as to influencing the final judgment of this court in cr. misc. no. 35391 of 2008 and that could give ..... her to show her causes as to why the matter should not be referred for hearing for the act of contempt, prima facie, appearing committed by her as also for filing a complaint against her.2. the respondent has appeared. she has filed her show cause and she has stated, inter alia, that .....

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Jul 16 2009 (HC)

Sumit Verma Vs. General Manager, State Bank of India and ors.

Court : Patna

Decided on : Jul-16-2009

Reported in : (2010)ILLJ302Pat

..... application is graduation in science because science is generally understood to include pure or speculative science as well as applied science. for this purpose, i may refer to the definition of science, as given in advanced law lexicon edited by p. ramanatha aiyar 3rd edition, which is quoted hereunder:science. the knowledge of many methodically digested and arranged, ..... concerned with observation and classification of facts and specially with the establishment or strictly with the quantitative formulation of verifiable general laws chiefly by induction and hypothesis. (sections 45 and 57(13) indian evidence act (1 of 1872) and article 80 (3), const.)'science', in its general meaning includes pure or speculative science as well as the applied sciences, (per ..... writ petition and is quoted, hereunder:essential:(i) graduation in arts/science/commerce with 50% marks.(ii) knowledge in computers (ms-office i.e. ms-word, ms-excel, ppt, use of internet surfing etc.) is essential.preferred: (1) any additional degree or 2 years post graduate diploma in business management with marketing/financial management subject from recognized university.orcertified financial ..... ld. macnaghten, inl. rev. v. forrest 15 app cas 353, 354).8. looking to the said definition if there be any confusion in the bank that stands removed. .....

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