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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: us supreme court Year: 2009 Page 1 of about 65 results (0.107 seconds)

Mar 24 2009 (FN)

Knowles Vs. Mirzayance

Court : US Supreme Court

Decided on : Mar-24-2009

..... guilty by reason of insanity (ngi) at his state-court murder trial. during the guilt phase, he sought to avoid a conviction for first-degree murder and instead obtain a second-degree murder verdict by presenting medical testimony that he was insane at the time of the crime and was, therefore, incapable of the necessary premeditation or deliberation. the jury nevertheless convicted ..... matter would cripple [mirzayance s] chances of convincing the jury later, during the sanity phase, that [mirzayance] nevertheless was incapable of knowing or understanding the nature and quality of his act and of distinguishing right from wrong at the time of the commission of the offense, cal. penal code 25(b), . .?????.?????.?????.?????. any remaining chance of securing an ngi verdict now ..... the insanity defense constituted deficient performance as it secured [n]o actual tactical advantage. id. , at 8. we granted certiorari, 554 u. s. ___ (2008). ii under the antiterrorism and effective death penalty act of 1996 (aedpa), 28 u. s. c. 2254(d)(1), a federal court may not grant a state prisoner s habeas application unless the relevant state-court ..... decision was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the supreme court of the united states. [ footnote 2 ] here, the relevant .....

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Apr 28 2009 (FN)

Cone Vs. Bell

Court : US Supreme Court

Decided on : Apr-28-2009

..... expert witnesses who testified on his behalf had ever seen or heard of him until a few weeks prior to the trial. neither was a medical doctor or psychiatrist, and neither had purported to treat him as a patient. their testimony that he lacked mental capacity was based purely upon ..... cone reported that he had used cocaine, dilaudid, and demerol and was suffering from slight withdrawal symptoms. see post , at 7, 11. see also tr. 1916, 1920 (apr. 22, 1982). it is important to note, however, that neither flynn nor roby corroborated cone s account of alleged drug use. taken ..... led the jury to conclude that any mitigating factors (including substantial impairment) outweighed all of the established aggravating factors. see tenn. code ann. 39 2-203(g).[ footnote 5 ] second, the majority incorrectly claims that to prevail on his brady claim, cone must demonstrate simply that the withheld evidence ..... appeals revisited cone s brady claim. this time, the court divided the claim into four separate subclaims: (1) evidence regarding [cone s] drug use; (2) evidence that might have been useful to impeach the testimony and credibility of prosecution witness sergeant ralph roby; (3) fbi reports;[[ footnote 11 ]] and (4 ..... death to two or more persons, other than the victim murdered, during his act of murder, see 39 2404(i)(3). the tennessee supreme court later observed that by finding cone guilty of murder in the first degree during the perpetration of a burglary, the jury implicitly found the existence of .....

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May 26 2009 (FN)

Haywood Vs. Drown

Court : US Supreme Court

Decided on : May-26-2009

..... a statute necessarily operates without prejudice to the adjudication of the matter in a competent forum. see supra , at 14 15. jurisdictional statutes therefore by definition are incapable of undermining federal law. nycla 24 no more undermines 1983 than the amount-in-controversy requirement for federal diversity jurisdiction undermines state law. ..... is reversed, and the case is remanded to that court for further proceedings not inconsistent with this opinion. it is so ordered. footnote 1 section 1 of the civil rights act of 1871, rev. stat. 1979, as amended, 42 u. s. c. 1983, provides in relevant part: every person who, under ..... n. y. const., art. vi, 7(a), and the inviolate authority to hear and resolve all causes in law and equity. pollicina v. misericordia hospital medical center , 82 n. y. 2d 332, 339, 624 n. e. 2d 974, 977 (1993). for instance, if petitioner had attempted to sue a ..... claflin v. houseman , 93 u. s. 130 , 136 137 (1876); see minneapolis & st. louis r. co. v. bombolis , 241 u. s. 211 , 222 (1916); the federalist no. 82, p. 132 (e. bourne ed. 1947) (a. hamilton) ( [t]he inference seems to be conclusive, that the state courts would have a ..... is whether that exceptional treatment of a limited category of 1983 claims is consistent with the supremacy clause of the united states constitution. [ footnote 2 ] i petitioner, an inmate in new york s attica correctional facility, commenced two 1983 actions against several correction employees alleging that they violated his .....

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Sep 17 2009 (SC)

Yash Ahuja and ors. Vs. Medical Council of India and ors.

Court : Supreme Court of India

Decided on : Sep-17-2009

Reported in : JT2009(12)SC587; 2009(12)SCALE687; (2009)10SCC313; 2009(10)LC4870(SC):2009AIRSCW6624

..... . section 3 provides for constitution and composition of ..... enacted to provide for the reconstitution of the medical council of india and the maintenance of a medical register for india and for matters connected therewith. section 2 defines certain terms and states that 'council' means the medical council of india constituted under the act. medical institution is defined to mean any institution, within or without india, which grants degrees, diplomas or licences of medicine, whereas the term ..... 'recognized medical qualification' means any of the medical qualifications included in the schedules .....

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Feb 23 2009 (SC)

State of Kerala and anr. Vs. Mahesh Kumar and ors.

Court : Supreme Court of India

Decided on : Feb-23-2009

Reported in : JT2009(3)SC424; 2009(3)SCALE86; (2009)3SCC654; 2009(3)SLJ27(SC); 2009(3)LC1401(SC)

..... decision of the government to introduce `direct payment system'. he also submitted that none of the aforesaid remaining 8 respondents have got their degrees registered under the travancore-cochin medical council (hereinafter referred to as the `medical council') as on 1.1.2000 which was an essential qualification and as such they are disqualified for the post of tutor as on ..... . as per g.o. (ms.) no. 255/84/hd dated 11.10.1984, the qualifications prescribed for the post of tutor in the government homeopathic medical college are as follows:1. a degree in homoeopathy from a recognized university in india or a recognized homoeopathic diploma with m.b.b.s. qualification or dip. n.i.h. awarded by the ..... national institute of homoeopathy, calcutta.2. permanent registration under the medical council.13. the central council of homoeopathy (minimum standards of education) regulations, 1983 provides for a minimum strength of teaching staff which was essential for a college offering degree course. on the other hand, rule 49 of the rules does not contemplate ..... homoeopathy central council act, 1973. section 15 thereof reads as follows:15. rights of persons possessing qualifications included in the second or the third schedule to be enrolled:(1) subject to the other provisions contained in this act, any medical qualification included in the second or the third schedule shall be sufficient qualification for enrolment on any state register of homoeopathy.(2) no person .....

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Mar 05 2009 (SC)

Boc India Ltd. Vs. State of Jharkhand and ors.

Court : Supreme Court of India

Decided on : Mar-05-2009

Reported in : 2009(237)ELT7(SC); JT2009(4)SC11; 2009(3)SCALE818; 2009(3)LC1119(SC); (2009)11VatReporter146; (2009)21VST490(SC)

..... the manufacturer of oxygen gas. it is a dealer within the meaning of the provisions of the act being a supplier of its product. it, thus, comes within the purview of `dealer' as contained in section 2(e) of the act as it carries on the business of buying, selling, supplying or distributing goods for cash or for ..... 12th april, 1982, the governor of bihar is pleased to direct that the rate of sales tax payable under clause (b) of sub-section (1) of section 13 of the said act on the raw materials required directly for use in the manufacture or processing of goods for sale in the state or in course if inter ..... the goods which the dealer may be permitted to purchase at special rate of tax in terms of clause (b) or (c) of sub-section (1) of section 13 of the act are required to be shown. a registration certificate is granted in terms of form vib. clause (3) whereof reads as under:(3) particulars of ..... facts and circumstances of each case as no such rule in absolute terms can be laid down therefor.26. we may, however, notice that this court in share medical care v. union of india and ors. : 2007(209)elt321(sc) has opined as under:15. from the above decisions, it is clear that even if ..... steel. for the said purpose, it purchases oxygen gas from m/s b.o.c. india ltd. (boc), the producer and supplier, for industrial and medical use. boc began supply of oxygen gas to tisco from the year 1993.indisputably, tisco applied for and was granted a registration certificate in terms of the provisions of .....

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Aug 28 2009 (SC)

Suchita Srivastava and anr. Vs. Chandigarh Administration

Court : Supreme Court of India

Decided on : Aug-28-2009

Reported in : AIR2010SC235; 2010(2)BomCR472; JT2009(11)SC409; (2009)8MLJ658(SC); 2009(11)SCALE813; (2009)9SCC1; 2009(9)LC4151(SC):2009AIRSCW5909:2009(5)LHSC3204.2009(12)Scale813

..... of mind of a person which is specially characterised by subnormality of intelligence.15. the same definition of 'mental retardation' has also been incorporated in section 2(g) of the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999. these legislative provisions clearly show that persons who are in a condition of 'mental retardation ..... , the pregnancy can be terminated if the guardian of the pregnant woman gives consent for the same. the only other exception is found in section 5(1) of the mtp act which permits a registered medical practitioner to proceed with a termination of pregnancy when he/she is of an opinion formed in good faith that the same is 'immediately necessary ..... and supervision throughout the pregnancy as well as for the purposes of delivery and childcare after birth. maternal responsibilities do entail a certain degree of physical, emotional and social burdens and it was proper for the medical experts to gauge whether the victim is capable of handling them. the counsel for the respondent also alerted us to the possibility that ..... 2856 (xxvi) of 20 december, 1971] which have been reproduced below:1. the mentally retarded person has, to the maximum degree of feasibility, the same rights as other human beings.2. the mentally retarded person has a right to proper medical care and physical therapy and to such education, training, rehabilitation and guidance as will enable him to develop his ability and .....

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Jul 09 2009 (SC)

Union of India (Uoi) Vs. Devendra Kumar Pant and ors.

Court : Supreme Court of India

Decided on : Jul-09-2009

Reported in : JT2009(9)SC552; (2009)IVLLJ310SC; (2009)8MLJ134(SC); 2009(9)SCALE504; 2010(1)SLJ91(SC)

..... category medical examination, is baseless. it is unfortunate that the high court has totally misunderstood the scope and purport of section 47(2) of the act and the decision in sanjay kumar jain.12. sub-section (2) of section 47 provides that no promotion shall be denied to a person merely on the ground of his disability. 'disability' as per the definition in section 2(i) ..... impairment, locomotor disability, mental retardation; and mental illness. 'person with disability' is defined in clause (t) of section 2, as a person suffering from not less than forty percent of any disability as certified by a medical authority. what is significant is all ..... of the act, means blindness; low vision; leprosy-cured, hearing ..... eye with correcting lenses; or (iii) limitation of the field of vision sub tending an angle of 20 degree or worse. 40% disability referred to in section 2(t) to identify persons with disabilities, will apply to categories (ii) and (iii) of section 2(b) but will be irrelevant in regard to persons with total absence of sight falling under category (i) .....

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Dec 17 2009 (SC)

Bhuwalka Steel Indus. Ltd. Vs. Bombay Iron and Steel Labour Bd. and an ...

Court : Supreme Court of India

Decided on : Dec-17-2009

Reported in : 2010(1)BomCR656; JT2009(15)SC269; (2010)ILLJ561SC; 2009(14)SCALE623; (2010)2SCC273; 2009(10)LC5041(SC)

..... force in thane district in various areas.9. it will be better to see a few provisions of the act. section 2, which is the definition clause, defines 'board' in sub-section (1), to mean a board established under section 6. some other sub-sections of section 2 runs as under:2(2) 'contractor', in relation to an unprotected worker, means a person who undertakes to execute any work for an ..... read in isolation. again, it is not that every definition has to be read in the context of the phrase, which would define it. we have again pointed out that even the context does not require us to restrict the meaning of section 2(11). the third mentioned case of state of maharashtra v. indian medical association (cited supra) is of no consequence, as ..... appellants. therefore, reliance placed on the decisions in kaiser-i-hind pvt. ltd. v. national textile corporation ltd. : 2002 (8) scc 182 and thirumuruga kirupa nanda variyar thavathiru sundara swamigal medical educational and charitable trust v. state of tamil nadu and ors. 1996 (3) scc 15 is of no consequence. the argument is thus rejected.42. thus, in our considered opinion ..... ) scc 387, ramesh mehta v. sanwal chand singhvi (cited supra) and state of maharashtra v. indian medical association : 2002 (1) scc 589. in the first mentioned decision, the word 'include' was used, which would make all the difference and thereby, it was held that the definition may deserve a broader meaning and, therefore, it was necessary to keep in view the scheme .....

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Feb 06 2009 (SC)

Godrej and Boyce Manufacturing Co. Ltd. Vs. State of Maharashtra and o ...

Court : Supreme Court of India

Decided on : Feb-06-2009

Reported in : 2009(57)BLJR755; 2009(3)BomCR187; 2009(6)MhLJ354(SC); 2009(2)SCALE286; (2009)5SCC24; 2009(2)LC499(SC):2009AIRSCW2027

..... . at this point it will be useful to refer to some of the provisions of the maharashtra regional and town planning act, 1966 (the act) and the development control regulations for greater bombay, 1991 (the regulations).5. section 2 of the act contains the definitions. sub-section (2) defines 'amenity' very widely to cover vastly different public utilities from hospitals, secondary schools and colleges to roads, streets and ..... open spaces etc.. section 2 (2) of the act is as under:(2) 'amenity' means roads, streets, open spaces, parks recreational grounds, play grounds, sports complex, parade grounds, gardens ..... ' as follows:equal in worth or value. equal in value, measure, force, effect etc. equivalent, equal. equal expresses the fact that two things agree in anything which is capable of degree, e.g., in quantity, quality, value, bulk, number, proportion, rate, rank, and the like. equivalent is equal in such properties as affect ourselves or the use which we make of .....

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