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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: us supreme court Year: 1976 Page 1 of about 67 results (0.117 seconds)

Jul 01 1976 (FN)

Usery Vs. Turner Elkhorn Mining Co.

Court : US Supreme Court

Decided on : Jul-01-1976

..... (e), as set forth in 30 u.s.c. 932(e) (1970 ed., supp. iv), quite clearly provides that "[n]o payment of benefits shall be required under this section . . . (2) for any period prior to january 1, 1974; or (3) for any period after twelve years after december 30, 1969." this time limitation, applicable in part c cases by its ..... was no more constrained to require a preliminary showing of the degree of dust concentration to which a miner was exposed, a historical fact difficult for the miner to prove, than it was to require a preliminary showing with respect to all ..... carbonic gas co., 220 u. s. 61 , 220 u. s. 78 (1911). the operators insist, however, that the 10-year presumptions are arbitrary, because they fail to account for varying degrees of exposure, some of which would pose lesser dangers than others. we reject this contention. in providing for a shifting of the burden of going forward to the operators, congress ..... industry before the effective date of the act; that the act's definitions, presumptions, and limitations on rebuttal evidence unconstitutionally impair the operators' ability to defend against benefit claims; and that certain regulations promulgated by the secretary of labor regarding the apportionment of liability for benefits among operators, and the provision of medical benefits, are inconsistent with the act, and constitutionally defective. page 428 u .....

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May 24 1976 (FN)

VA. Pharmacy Bd. Vs. VA. Consumer Council

Court : US Supreme Court

Decided on : May-24-1976

..... advertisement of low drug prices will result in overconsumption and in abuse of the advertised drugs. the argument prudently has been omitted. by definition, the drugs at issue here may be sold only on a physician's prescription. we do not assume, as apparently the dissent does ..... s. 809 , 421 u. s. 811 (1975); schneider v. state, 308 u. s. 147 , 308 u. s. 160 (1939). [ footnote 2 ] section 54-524.35 provides in full: "any pharmacist shall be considered guilty of unprofessional conduct who (1) is found guilty of any crime involving grave moral turpitude, ..... to induce transactions which are themselves illegal. in a final footnote, the opinion tosses a bone to the traditionalists in the legal and medical professions by suggesting that, because they sell services, rather than drugs the holding of this case is not automatically applicable to advertising in ..... justify the conclusion that commercial speech is valueless, and thus subject to complete suppression by the state, they nonetheless suggest that a different degree of protection is necessary to insure that the flow of truthful and legitimate commercial information is unimpaired. the truth of commercial speech, for ..... 372 u. s. 730 (1963): "the doctrine . . . that due process authorizes courts to hold laws unconstitutional when they believe the legislature has acted unwisely -- has long since been discarded. we have returned to the original constitutional proposition that courts do not substitute their social and economic beliefs for the .....

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Jul 01 1976 (FN)

Planned Parenthood Vs. Danforth

Court : US Supreme Court

Decided on : Jul-01-1976

..... in roe and in doe. to this we now turn, with the assistance of helpful briefs from both sides and from some of the amici. a the definition of viability. section 2(2) of the act defines "viability" as "that stage of fetal development when the life of the unborn child may be continued indefinitely outside the womb by natural or artificial life ..... roe relating to viability. appellant hall, in his deposition, had no particular difficulty with the statutory definition. [ footnote 3 ] as noted above, we recognized in roe that viability was a matter of medical judgment, skill, and technical ability, and we preserved the flexibility of the term. section 2(2) does the same. indeed, one might argue, as the appellees do, that the presence ..... of section 3 of this act are satisfied and in a hospital. section 5. no abortion not necessary to preserve the life or health of the mother shall be performed unless the attending physician first certifies with reasonable medical certainty that the fetus is not viable. section 6. (1) no person who performs or induces an abortion shall fail to exercise that degree of ..... only the country's continuous constitutional convention but also its ex officio medical board with powers to approve or disapprove medical and operative practices and standards throughout the united states. iv section 6(1) of the act provides: "no person who performs or induces an abortion shall fail to exercise that degree of professional skill, care and diligence to preserve the life and .....

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Jun 01 1976 (FN)

Mathews Vs. Diaz

Court : US Supreme Court

Decided on : Jun-01-1976

..... equally strong claim to favored treatment be placed on different sides of the line; the differences between the page 426 u. s. 84 eligible and the ineligible are differences in degree, rather than differences in the character of their respective claims. when this kind of policy choice must be made, we are especially reluctant to question the exercise of congressional ..... the secretary's stipulation that espinosa had filed an application. a further problem is presented by the absence of any formal administrative action by the secretary denying espinosa's application. section 405(g) requires a final decision by the secretary after a hearing as a prerequisite of jurisdiction. mathews v. eldridge, supra at 424 u. s. 328 -330; weinberger v. ..... 1976 426 u.s. 67 appeal from the united states district court for the southern district of florida syllabus title 42 u.s.c. 1395 o (2) qualifies for enrollment in the medicare supplemental medical insurance program residents of the united states who are 65 or older, but in subsection (b) denies eligibility to aliens unless they have been admitted for permanent ..... complaint on the ground, among others, that the district court lacked jurisdiction over the subject matter because none of the plaintiffs had exhausted his administrative remedies under the social security act. two days later, on october 26, 1972, espinosa filed his application for enrollment with the secretary. he promptly brought this fact to the attention of the district court, without .....

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Apr 21 1976 (FN)

Department of the Air Force Vs. Rose

Court : US Supreme Court

Decided on : Apr-21-1976

..... subject an individual citizen to the risk of possible severe damage to his reputation simply to permit law students to invade individual privacy to prepare a law journal article. its definition of a "clearly unwarranted invasion of personal page 425 u. s. 385 privacy" as equated with "protect[ing] an individual's private affairs from unnecessary public scrutiny . . . ," s. ..... rights 'and the preservation of public rights to government information.'" id. at 269. to be sure, redaction cannot eliminate all risks of identifiability, as any human approximation risks some degree of imperfection, and the consequences of exposure of identity can admittedly be severe. but redaction is a familiar technique in other contexts, [ footnote 20 ] and exemptions to disclosure under ..... of the air force, has chosen not to disseminate the records, and its decision to that effect is being challenged by a citizen under the freedom of information act. that act, as both the court's opinion and the dissenting opinion of the chief justice point out, requires the federal courts to balance the claim of right of access ..... any of the exemptions set forth in subsection (b) of this section, and the burden is on the agency to sustain its action." " * * * *" "(b) this section does not apply to matters that are --" " * * * *" "(2) related solely to the internal personnel rules and practices of an agency;" " * * * *" "(6) personnel and medical files and similar files the disclosure of which would constitute a clearly .....

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Nov 30 1976 (FN)

Estelle Vs. Gamble

Court : US Supreme Court

Decided on : Nov-30-1976

..... 16 (supp. 1976); wyo.stat.ann. 18-299 (1959). many states have also adopted regulations which specify, in varying degrees of detail, the standards of medical care to be provided to prisoners. see comment, the rights of prisoners to medical care and the implications for drug-dependent prisoners and pretrial detainees, 42 u.chi.l.rev. 705, 708-709 (1975). ..... , the doctors may be guilty of nothing more than negligence or malpractice. on the other hand, it is surely not inconceivable that an overworked, undermanned medical staff in a crowded prison [ footnote 2/2 ] is following the expedient course of routinely prescribing nothing more than pain killers when a thorough diagnosis would disclose an obvious need for remedial treatment. [ ..... does not become a constitutional violation merely because the victim is a prisoner. in order to state a cognizable claim, a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs. it is only such indifference that can offend "evolving standards of decency" in violation of the eighth amendment. [ footnote 14 ] iii ..... law institute, model penal code 303.4, 304.5 (1962); national advisory commission on criminal justice standards and goals, standards on rights of offenders, standard 2.6 (1973); national council on crime and delinquency, model act for the protection of rights of prisoners, 1(b) (1972); national sheriffs' association, standards for inmates' legal rights, right no. 3 (1974); .....

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Dec 13 1976 (FN)

Mathews Vs. De Castro

Court : US Supreme Court

Decided on : Dec-13-1976

..... who stay married. the problems that a divorced wife may encounter when her former husband becomes old or disabled may well differ in kind and degree from those that a woman married to a retired or disabled husband must face. for instance, a divorced wife need not forgo work in ..... confronting families whose breadwinners" stop work. the focus was specifically on "adequate protection for [the husband's] family," and the reports mentioned the high medical expenses often associated with disability and the possibility that the wife might have to forgo work in order to care for her disabled husband. h.r.rep ..... attack on a statute that gave monetary benefits to women based on their general overall need, that is not this case. section 202(b)(1)(b) of the act addresses the particular consequences for his family of a wage earner's old age or disability. congress could rationally have decided that ..... (e), (g) (1970 ed. and supp. v). divorced and married women, with or without dependent children, are eligible to receive monthly payments under these sections in certain circumstances not pertinent here. [ footnote 6 ] the old-age and disability insurance programs are distinct from the provisions for public assistance to the aged ..... (b)(1) of the social security act, 49 stat. 623, as added and amended, 42 u.s.c. 402(b)(1) (1970 ed. and supp. v), provides for the payment of "wife's insurance benefits." [ footnote 2 ] to qualify under this section, a woman must be the page 429 u. s. 183 wife or "divorce .....

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Mar 17 1976 (SC)

Board of Revenue and ors. Vs. A.M. Ansari and ors.

Court : Supreme Court of India

Decided on : Mar-17-1976

Reported in : AIR1976SC1813; (1976)3SCC512; [1976]3SCR661; [1976]38STC577(SC)

..... 'immovable property' as contained in the aforesaid acts, as also the definition of 'goods' as given in the sale of goods act:section 3(26) of section 3 of section 2(6) of section 2(7) of general transfer of registration sale of goods clauses act property act act act _________________ ___________________ __________________ __________________ 'immovable pro- in this act, unless 'immovable pro- in this act, unless perty' shall in- there is something ..... , therefore, in respect of mere sales of forest produce, neither the state government nor the forest department was a dealer within the meaning of the definition in section 2(d) of the m. p. general sales tax act, 1958. in deputy commissioner of agricultural income-tax and sales tax, quilon v. travancore rubber and tea co. [1967] 20 s.t.c. ..... in this connection to notice at the outset the distinction between a lease and a licence by reference to the relevant acts. section 2(16) of the stamp act defines the lease as meaning a lease of immovable property, but this definition, it would be noted, is neither exhaustive nor self-explanatory. we are, therefore, driven to find out the true ..... to make the respondents liable to pay the stamp duty under article 35(c) of the stamp act. for the determination of this question, it is necessary to scrutinize the definition of 'mortgage deed' as contained in section 2(17) of the stamp act, which runs thus:2.(17) 'mortgage deed' includes every instrument whereby, for the purpose of securing money advanced, .....

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Apr 28 1976 (SC)

Additional District Magistrate, Jabalpur Vs. Shivakant Shukla

Court : Supreme Court of India

Decided on : Apr-28-1976

Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)

..... was confined only to '9 challenge based on the provisions of part iii of the constitution and did not extend to a challenge based on violation of section 299, sub-section (2) of the government of india act, 1935. the petitioner relied on the words '-- is inconsistent with or takes away or abridges any rights conferred by any provisions' of part iii and ..... the rights of individuals results, or appears to result from the general principles of the constitution.dicey observed :there is in the english constitution an absence of these declarations or definitions of rights so dear to foreign constitutionalists. such principles, moreover, as you can discover in the english constitution are, like all maxims established by judicial legislation, mere generalisations drawn ..... to the exigencies of a national crisis. when there is an emergency arising out of a national crisis, a constitutional democratic government has to be temporarily altered to whatever degree necessary to overcome the peril and restore normal conditions. this alteration invariably involves government of a stronger character. the government has to assume larger powers in order to meet ..... the decision of the house of lords in attorney general v. de keyser's royal hotel [1920] a. c. 508. there, in may 1916, the crown, purporting to act under the defence of realm consolidation act, 1914 and the regulations made thereunder took possession of a hotel for the purpose of housing the headquarters' personnel of the royal flying corps and .....

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Nov 29 1976 (SC)

Gurdit Singh and ors. Vs. Munsha Singh and ors.

Court : Supreme Court of India

Decided on : Nov-29-1976

Reported in : AIR1977SC640; (1977)1SCC791; [1977]2SCR250

..... and have to be dismissed in view of the amendment introduced in section 7 of the punjab customs (power to contest) act, 1920 (act 2 of 1920) by the punjab custom (power to contest) amendment act, 1973 (act 12 of 1973) which has been given a retrospective operation by sub-section (2) of section 1 of the amending act. this contention is, in our opinion, wholly misconceived and cannot be ..... allowed to prevail as it overlooks the savings clause contained in section 4 of the punjab custom (power to contest) act, 1920 (act 2 of 1920) which has been left untouched by the punjab custom (power to ..... punjab high court had proceeded on the obviously erroneous assumption that the learned single judge had decided the appeals only by giving the appellants the benefit of section 14, sub-section (1) of the limitation act. it had overlooked completely the very first ground of decision of the learned single judge and also the condition imposed by the learned judge on the application ..... , which would manifestly be contrary to the fact in almost all instances.10. this case was followed' by a division bench of the bombay high court as far back as 1916 in jayawant jivanrao deshpande v. ramchandra narayan joshi : air1916bom300 .11. a similar view was taken by the privy council in lalchand marwari v. ramrup gir 53 ind app 24 where .....

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