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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: rajasthan Year: 2008 Page 1 of about 54 results (0.053 seconds)

Apr 10 2008 (HC)

Ex. Sepoy Ram Karan Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Apr-10-2008

Reported in : RLW2008(4)Raj3116

..... department to which the person to be discharged belongs except that in the case of junior commissioned officers and warrant officers of the special medical section of the army medical corps, the 'commanding officer' means the director of the medical services, army, and in the case of junior commissioned officer and warrant officers of remounts, veterinary and farms corps, the 'commanding officer' means the ..... can be continued in service even beyond the aforesaid period. the discharge from service of such personnel must precede by a definite conclusion arrived at by the competent authority about non availability of the suitable alternative appointment commensurate with his medical category and further that his retention in service is not justified in public interest or that his further retention shall exceed ..... ) each of the authorities specified in column 3 of the table below shall be the competent authority to discharge from service person subject to the act specified in column 1 thereof on the grounds specified in column 2.(2) any power conferred by this rule on any of the aforesaid authorities shall also be exercisable by any other authority superior to it. (2a .....

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May 19 2008 (HC)

Jawahar Lal Vs. Chief Accounts Officers, Panchayati Raj Department Dev ...

Court : Rajasthan

Decided on : May-19-2008

Reported in : [2008(119)FLR286]

..... in other appropriate proceedings however, this court considers it proper to decide the claim of petitioner for reimbursement of medical bills on merits.5. as regards facts brought on record, this could not have ..... about claim of petitioner for reimbursement of medical bills has been filed by respondents and matter has also been heard in detail, hence without expressing any opinion on the issue of availability of remedy of appeal on the premise of being covered under 'service matters' as referred to in section 2(f) of the act, 1976, is left open for consideration ..... annexure 4) holding that since he go! surgically operated at a hospital not duly recognised by government, his hills are not reimbursable under rajasthan civil services (medical attendance) rules, 1970 ('rules, 1970').2. counsel for the petitioner submits that there was an emergency after undergoing his mr. brain test as he was diagnosed suffering front brain tumour, for which dr ..... facts of the case deserves to be set aside.3. in their reply respondents raised preliminary objection that for claim of medical reimbursement, remedy is available to the petitioner under rajasthan civil services (services matters appellate tribunals) act, 1976 ('act, 1976'). as regards merits, respondents inter alia averred that for such treatments available in state government hospitals, one is entitled .....

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Mar 26 2008 (HC)

Mahendra Singh Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Mar-26-2008

Reported in : 2008CriLJ3850

..... behalf. mere taking time in getting the opinion about the mental condition of the accused from the competent and expert body, cannot affect the opinion of the medical board who certified that the accused was not suffering from mental disease. the committal proceedings or order to commit have not been challenged by the appellant and, ..... psychiatric center, jaipur on 22.2.2000, 6.3.2000, 15.3.2000, 27.3.2000, 7.4.2000, 20.4.2000, 3.5.2000 and 15.5.2000. on 17.6 ..... 15.11.1999 to 3.1.2000 and for the first time, the accused was produced in the the court after 15.11.1999 only on 9.2.2000 when first incomplete charge-sheet was filed by the police in the court. the accused was not produced in court and remained under mental treatment at ..... have been placed on record by the prosecution clearly proves that the act was committed by the accused-appellant when he was not in position to understand consequences of his act, therefore, the appellant is entitled to be acquitted under section 84 ipc, as the act committed by the accused-appellant in such unsound mind stage is not ..... fine of rs. 500/- and in default thereof, to undergo six months' simple imprisonment.2. as per the prosecution case, on 12.11.1999 an fir no. 282/99 was registered at police station sadulshahar for the offences under sections 302 and 307 ipc on the written report submitted by one gurcharan singh s/o babu .....

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Feb 01 2008 (HC)

Sarita Upneja (Dr.) (Smt.) Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : Feb-01-2008

Reported in : 2008CriLJ3097; RLW2008(2)Raj1766

..... brood ligament extending retro peritoreally in pelvis and upto lower pole of kidney and bladder base.2. a medical board was also constituted who gave its interim report on 23.1.2001. the statement of various witnesses were recorded under section 161 crpc wherein the statements of dr. k.l. gupta and dr. indra pal ..... according to learned counsel for the petitioner, in the profession of any type, it is not expected from every one to be expert of highest degree and there may be different judgments for one situation of different experts and that is why the profession is called profession of personal skill and it is ..... hon'ble apex court held that the prosecution has to come out with a case of high degree of negligence on the part of the doctor. in the case before hon'ble supreme court, the opinion of medical experts was that there was negligence on the part of the accused in 'not putting a ..... the petitioner vehemently submitted that manju devi was admitted in the petitioner's hospital and the petitioner is doctor and having speciality degree of ms in obstetrics and gynaecology. she was awarded degree as back as in the year 1979 and the copy of the decree is placed on record by the prosecution itself. ..... the element of mens rea must be shown to exist. for an act to amount to criminal negligence, the degree of negligence should be much higher i.e. gross or of a very high degree. negligence which is neither gross nor of a higher degree may provide a ground for action in civil law but cannot form .....

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May 13 2008 (HC)

Gautam Morarka (Dr.) and ors. Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : May-13-2008

Reported in : RLW2008(3)Raj2742

..... of selection of the last candidate of sc/st and general category of in-service amounting to compromising the merit in high specialty of medical postgraduate degree and diploma. the merit is the essence of the selection, thus the court is competent to quash the arbitrary police or the ordinance ..... of the nominated member as well as elected members of the board of management and further constitution of the academic council as per section 24 of the act has also not been placed on record.13. i have gone through record of the writ petitions and further considered the results ..... considered in counselling in order to give adequate representation to the reserved category. but the similar benefit of two result-(i) with negative marking and (ii) without negative marking has not been given to the in-service general candidates although both belong to one category of 'in- service' and their ..... para 7 of the booklet-2008 further relaxation has been given for sc/st candidates regarding preparation of two results-(i) with negative marking and (ii) without negative marking. in case sufficient number of sc/st candidates do not pass the examination with negative marking then other result without negative marking ..... operation to fill up the remaining seats of sc/st. in sbcwp no. 2059/2008 dr. vikas pareek v. state government decision dated 7.2.2008 of dispensation negative marking for in-service general candidates is under challenge. therefore, all the writ petitions have been clubbed, heard and are being .....

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Jun 30 2008 (HC)

Kifayat HussaIn Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Jun-30-2008

Reported in : RLW2008(4)Raj3695

..... 5. nothing has been stated in the discharge summary of escorts that could even be remotely indicative of the fact that there had been a definite conclusion at escorts about any negligence or want of proper diagnosis or treatment at sms.40. the petitioner has broadly levelled two allegations in ..... condition as imposed in the order dated 20.07.2000 remains illegal, arbitrary and unreasonable.10. the respondents nos. 1 and 2, the state of rajasthan and the principal, sms medical college, jaipur in their reply to the writ petition have taken preliminary objection that the petition involves disputed questions of fact ..... correctness or otherwise of the diagnosis and the availability of facilities at sms. of course, the petitioner cannot be denied his choice in the act of self preservation to have himself treated by the doctors and by institute he would prefer but then, as pointed out by the hon'ble ..... the ground that because the petitioner instead of waiting in queue and spending time in seeking a clarification from a local hospital has decided to act with promptitude in the interest of self preservation by taking his wife immediately to an institute approved by the state govt.23. similarly, the ..... learned counsel for the petitioner referred to the fact situation of the case and submitted that the petitioner had to go to escorts in the act of self-preservation when the facilities at sms were not found satisfactory. according to the learned counsel, when neither angiography was proper nor its .....

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Feb 18 2008 (HC)

Ramjan and ors. Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : Feb-18-2008

Reported in : RLW2008(3)Raj2030

..... by running hospitals and health centres which provide medical care to the person seeking to avail those facilities. article 21 imposes an obligation on the state to safeguard the right to life of ..... the state level. in a welfare state the primary duty of the government is to secure the welfare of the people. providing adequate medical facilities for the people is an essential part of the obligation undertaken by the government in a welfare state. the government discharges this obligation ..... state has failed to protect the fundamental rights guaranteed under article 21 of the constitution of india, therefore, they are entitled for reimbursement of medical expenses as well as suitable compensation. he has further placed reliance on the judgments of the supreme court rendered in rudul sah v. state ..... be corrected by any other method open to the judiciary to adopt. the right to compensation is some palliative for the unlawful acts of instrumentalities which act in the name of public interest and which present for their protection the powers of the state as a shield. if civilization ..... his daughters as well as bhanji. in the aforesaid incident, the petitioners no. 2 to 5 had burnt seriously and all got various other injuries. thereafter, they were taken to the medical hospital, khandela but the medical officer of khandela referred all the injured to sms hospital, jaipur. at the time .....

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Nov 21 2008 (HC)

Ex. Pnr. Raghubir Mali Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Nov-21-2008

Reported in : RLW2010(1)Raj710

..... below officer rank, it is the medical advisor (pension) jt. director afms (pension) attached to the office of chief controller of defence (pension). though the respondents in their reply to the writ petition have admitted that ..... r/3 with their reply, which has defined the competent authority for giving medical opinion on the aspects of assessment of disability and acceptance of death/disablement due to causes attributable to or aggravated by military service. in respect of initial claims of personnel ..... therefore a disability is not attributable to military service but is aggravated thereby and is assessed at 20% or more, the same would also entitle the person subject to army act to disability pension. the respondents however while resisting the claim of the petitioner have relied on the corrigendum dated 21.6.1996, copy of which is placed at annexure - ..... which had examined the appellant, should be respected until fresh medical board examines the appellant again and comes to different conclusion.8. regulation 48(b) of the pension regulations for army part i provides whether a disability attributable to or aggravated by military service shall be determined under rules in appendix ii. rule 4 thereof provides that in deciding on issue of .....

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May 26 2008 (HC)

Surendra Kumar Vs. State of Rajasthan

Court : Rajasthan

Decided on : May-26-2008

Reported in : 2009CriLJ568; RLW2008(4)Raj2984

..... the petitioner as on the date of incident was more than 18 years-and therefore he was not a juvenile in the meaning of section 2(k) of the act. aggrieved thereby, the petitioner has now preferred the present revision petition before this court.3. i have heard shri gajanand yadav, learned ..... of rule 12, supra, there would be no occasion for referring the matter to the medical board for its opinion. the petitioner even otherwise, is liable to be treated as juvenile in the meaning of section 2(k).26. in view of what has been discussed above, the revision petition deserves to ..... the electoral (voters list) cannot be proved as conclusive piece of evidence.11. in kailash singh, supra it was held by this court that medical evidence can be considered only after rejecting school record regularly maintained. school record cannot be doubted and therefore the date of birth recorded therein has ..... of birth of accused, need not be put to test of technical certificates. in nahar singh, supra, also this court preferred the school certificate over medical report having age fluctuation of two years on either side.10. the allahabad high court in mayank rajput, supra, while relying on umesh chandra, supra ..... an application for enquiry into the question of age of the petitioner. the court by its order dated 13.6.2007 directed for constitution of medical board for determination of the age of the petitioner. the court also allowed the parties to adduce the evidence. the accused petitioner produced ashok kumar .....

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May 20 2008 (HC)

Vikram Singh Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : May-20-2008

Reported in : RLW2008(3)Raj2536

..... to appear in the department on october 6, 1992, but he did not appear and committed illegality under section 11(1) of crpf act. a recommendation was made by superiors to declare him bhagora (absconder). his warrants of arrest were issued. he submitted medical certificate to show that he was suffering from typhoid, but the alleged certificates were found false. in ..... matter leniently. misconduct in such cases has to be dealt with iron hands. where the person deals with public money or is engaged in financial transactions or acts in a fiduciary capacity, highest degree of integrity and trust-worthiness is must and unexceptionable.9. judged in this background, conclusions arrived at in the instant matter by the disciplinary authority, appellate ..... levelled against the appellant. reliance is placed on vijay laxmi v. indian red cross society 2008 (2) wlc (raj.) 21; ramautar singh v. state : (1999)illj1312sc ; sayed zaheer hussain v. union of india : (1999)illj876sc ; bhagat ram v. state of hp : (1983)iillj1sc and ..... the learned single judge also dismissed the writ petition. against these orders that the instant action of filing instant intra court appeal has been resorted to by the appellant.2. learned counsel for the appellant assailed the impugned finding from various angles and in the alternate canvassed that the punishment imposed on the appellant is disproportionate to the charges .....

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