Court : Mumbai
Decided on : Jan-13-2009
Reported in : 2009(111)BomLR855
..... learned commissioner did not commit any error in holding that there was no permanent partial disability to the appellant.12. sub-sections 2(g) and 2(l) of section 2 of the w.c. act define 'partial disablement' and 'total disablement' as follows:2. definitions: (1) in this act, unless there is anything repugnant in the subject or con text,-..(g) 'partial disablement' means, where the disablement is of ..... be paid in accordance with the provisions of sub-section (2)...14. it is stated before this court that respondent no. 2 incurred expenses of treatment. there is nothing on record to show that the appellant incurred any expenses other than two medical bills which are produced on record. so considering sub-section (d) of section 4 and the fact that for 43 days the ..... has two sons; whereas in his cross-examination he stated that the appellant has one son and one daughter.11. all abovesaid circumstances clearly raise doubt regarding truth of the medical certificate dated 26.8.1991 regarding impotency and disability to the extent of 90 per cent. the doctor who issued said certificate is not examined. he has not explained how ..... -examination that he had not obtained any certificate to establish his incapacity to bear a child due to accident. this statement was recorded on 3.5.1991 and thereafter, the medical certificate dated 26.8.1991 was produced regarding impotency.10. dattatraya narsing mane is witness examined by the appellant at exh.47. dattatraya claimed to be of village limbala, the .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-20-2009
Reported in : 2009CriLJ2165
..... after restoration of fluid level in her body. dr. paithankar, referred to the term resuscitate treatment which is indicated in the medical papers. the medical officer was not present through out recording of dying declaration is also a fact brought during course of his cross-examination. irrespective of ..... intravenous fluids were provided to her so as to maintain the fluid level in her body. this fact is also corroborated from the medical papers. the medical papers would show that after some time there was improvement in her physical condition owing to administration of medicines and supply of fluid ..... her to commit suicide as enumerated in the first part of section 498-a of the i.p.c.?(iii) whether it is proved beyond reasonable realm of doubt that by his wilful acts or omission, namely, high degree of matrimonial cruelty, the appellant abetted commission of the suicide ..... on her person. she was immediately rushed to primary health centre at majalgaon. the police station was telephonically informed about the incident. the medical officer then advised her to be immediately shifted to civil hospital, at beed. she was found to have received approximately 93% burns. she ..... scrutiny. they are parents of deceased vaishali. before marriage of deceased vaishali and the appellant, yadavendra (p.w.2) had retired from government service. he was suffering from lumber spondylosis. for medical reasons he was not supposed to undertake long distance journey. it was for such reason that his wife mangala .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-16-2009
Reported in : (2009)227CTR(Bom)115; 180TAXMAN595(Bom)
..... a document of a formal legal kind. semble, the word may include an act of parliament (see deed of settlement) so, in the trustee act, 1925 (15 geo. 5, c. 18) section 68(11) conveyancing act, 1881 (44 and 45 vict. c. 41) section 2(xii), 'instrument' includes deed, will, enclosure, award and act of parliament'. thus, an 'instrument' may include a statute enacted by parliament, if ..... is thus ample authority to hold that ordinarily a statute is not an instrument unless as in the case of conveyancing act of 1881, the definition includes it or as in the case of section 205(1)(viii) of the law of property act, 1925, the statute creates a settlement and such statute is for that reason treated as an instrument. it would not ..... find, generally speaking that an 'instrument' is a writing usually importing a document or a formal legal kind, but that it does not include acts of parliament unless there is a statutory definition to that effect in any act. and in the absence of authority we are not prepared to hold that an order of government delegating its powers to district magistrates is ..... or about in the year 1915, the 5th baronet in the line of sir jamsetjee jejeebhoy represented to the governor general in council that he had been advised by his medical officer to change his place of residence and that it was desirable not only in his own interest, but also in the interest of those who may succeed him in .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-16-2009
Reported in : 2009(3)BomCR631; 2009(111)BomLR2231; 2009(4)MhLj847
..... tribes, denotified tribes (vimukta jatis) nomadic tribes, other backward classes and special backward category (regulations of issuance and verification of caste certificate) act, 2000. section 10(3) of the act provides that notwithstanding anything contained in any act, any degree,diploma or any other educational qualification acquired by a person after securing admission on the basis of a false caste certificate shall stand cancelled ..... protection, as we have already held in our judgment dated 19th december 2007, cannot be granted in the face of the bar contained in sub-sections (1) and (3) of section 10 of the act.in fact, even the submissions which have been noted in paragraph 4 of the judgment dated 19th december 2007 clearly record the statement that though the ..... . however, in pursuance of the liberty granted by the division bench to the petitioner to submit a representation to the state in so far as her admission to the medical course is concerned, the petitioner submitted a representation. the petitioner was informed that her admission which was granted against the reserved category, namely as a member of a scheduled ..... counsel for the petitioner seeks permission to withdraw the petition as he would like to move the high court. permission is granted. the special leave petition is dismissed as withdrawn.'2. the claim of the petitioner to belong to the khatik community, which is a scheduled caste, was invalidated by the caste scrutiny committee. the decision of the scrutiny .....Tag this Judgment!
Court : Mumbai
Decided on : May-04-2009
Reported in : 2009(4)BomCR117; 2009(111)BomLR2323
..... vidyapeeth and ors. v. state of maharashtra and anr. (supra), is upon section 26(1)(a) of ugc act. we have already pointed out that said section is identical with section 20(2) of the dentist act, 1948. the regulations of medical council of india considered by hon'ble apex court in case of dr. preeti ..... has not added such requirement of possessing 60% marks in subject of speciality. according to him, the goa medical college, which imparts education up to mbbs degree and thereafter as also respondent no. 2-college are both under one university and managed by respondent no. 1-state government. he contends that for ..... it difficult to hold that government employees and private employees stood on a different footing in so far as question of admission to llb degree course was concerned. hon'ble apex court has stated that the test was whether employees of private establishment were equally in a disadvantageous position ..... breach of article 14 in para 9, the hon'ble apex court has considered the object of starting evening classes for grant of law degree. in paragraph 10 it was noticed that the said object was to provide admission to bonafide employees who could not attend the morning classes ..... all these colleges, the syllabus, the standard of examination and even the examiners are the same, any preference to candidates to the post-graduate degree course of the same university, except in order of merit, will exclude merit to a great extent affecting the standard of educational institutions. in .....Tag this Judgment!
Court : Mumbai
Decided on : May-08-2009
Reported in : 2009(5)BomCR227
..... , mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.article 2 contains the definition of reasonable accommodation and reads as under:reasonable accommodation' means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a ..... safety.16. there is no municipal law enacted in india based on this convention. india has, however, enacted the persons with disabilities act, 1995. this act, however, does not cover employment for persons with medical disabilities. disabilities act to that extent is not an exhaustive legislation.17. the principal aim of articles 14 and 16 is equality and equality of opportunity ..... an inteligible differentia. renal failure was an ailment the petitioner suffered from in the past and does not continue to suffer any more. currently he is medically fit. therefore, primarily the very act of separating people like the petitioner, who may had renal failure, which is a curable disease as a class by themselves does not pass the ..... in his career advancement, growth and the eventual pursuit of his happiness. the action of the respondent denying appointment to the petitioner is an act inspired by an irrational and prejudicial response to medical condition of the petitioner. the right to life also include the right to be able to access available opportunities.10. the respondent has filed .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-31-2009
Reported in : 2009(111)BomLR3557
..... which imparts education or training below the degree level including any institution which imparts technical or vocational education.the term 'recognized' is defined in clause (21) of section 2 as recognized by the director or an officer authorized by him or by the state board.14. section 3 declares that the provisions of the act 'shall apply to all private schools in ..... 'private school' and 'school' have been defined in clauses (20) and (24) of section 2 respectively and they read as under:(20) 'private school' means a recognized school established or administered by a management, other than the government or a local authority'.( 16 ) (24) ..... state government might by notification in the official gazette, decide to appoint. it is not in dispute that the act came into force with effect from july 15, 1981 which was 'appointed date' as defined in clause (1) of section 2. the expression 'employee' is defined as any member of teaching and nonteaching staff of a recognized school. the terms ..... shall be obtained from the candidate appointed.(6) every employee shall within three months of his appointment, undergo medical examination by a registered medical practitioner named, if any, by the management or otherwise by any registered medical practitioner. the expenses of medical examination shall be borne by the management. the appointment shall be conditional pending certificate that he is free from .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-14-2009
Reported in : 2009(111)BomLR4111
..... doing security work as direct employees in such factory or establishment. in other words it applies to security guards engaged through agents or agencies only. section 2 defines the various expressions relevant for the act. sub-section (1) of section 2 defines agency or agent in relation to a security guard and states that an individual or a body of individuals or a body corporate who ..... which were held to have a place under the judgment of the apex court, had the role to engage the security guards for the principal employer and in fact the definition of employer as agains;t the principal employer required a clarification. this is clear from the problem which the learned single judge faced when it came to the question as ..... did not enjoy the benefit of any provident fund scheme or any scheme of gratuity. most of them were not covered by the employees' state insurance scheme and had no medical facilities. leave facilities were inadequate. rest intervals were not properly provided. wages were law and only a few agencies paid overtime and bonus. most of them did not also have ..... maintain following registers; (1) register of principal employers; (2) register of registered employer agency; (3) register of security guards; clause 13 deals with the registration of principal employer. clause 14 deals with the registration of existing and new security guards. clause 16 lays down that before registration of any security guard, a medical examination for finding out the physical fitness of the .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-17-2009
Reported in : 2010(1)BomCR499
..... claim of the petitioner, the relevant provisions of section 13a of the imcc act, 1970 need to be looked in to and the same are reproduced below:13a. permission for establishment of new medical institution, new course of study, etc.(1)....(2) every person or medical institution shall, for the purposes of obtaining permission under sub-section (1), submit to the central government a ..... scheme in accordance with the provisions of sub-section (3) ..... to the central council for its recommendations.(3)....(4) on receipt of a scheme from the central government under sub-section (2), the central council may obtain such other particulars as may be considered necessary by it from the person or medical institution concerned, and thereafter, it may,(a) if the scheme is defective and does not contain necessary particulars, give ..... provided further that nothing in this sub-section shall prevent any person or medical institution whose scheme has not been approved by the central government to submit a fresh scheme and the provision of this section shall apply to such scheme, as if such scheme had been submitted for the first time under sub-section (2).(6)....(7)....(8) the central council .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-21-2009
Reported in : 2009(111)BomLR3764
..... central educational institutions established, maintained or aided by the central government. for an institution to be covered by the said act, it must fall in any of the categories mentioned in section 2(d) of the said act. section 2(d) reads as under : 2. definitions. -in this act, unless the context otherwise requires, (a) xxx xxx xxx xxx(b) xxx xxx xxx xxx(c) xxx xxx ..... of engineering, indian military academy, officers training academy, etc. from january, 1989 onwards, afmc, pune is providing undergraduate degree course in medicine to the students who wish to join and serve the country as commissioned medical officers in the armed forces medical services (army, navy and air force). the selection is based on merits through all india competitive examination conducted and ..... petitioner has prayed that the respondents be directed to consider the candidature of the petitioner for admission to the mbbs degree course under other backward class category (for short, 'the obc') quota in the ensuing academic year in the armed forces medical college, pune [for short, 'afmc, (pune)']. 3. the petitioner claims to belong to the obc. on 17/1/ ..... 2008, the petitioner applied for entrance examination for the admission to the mbbs degree course in the general category. he appeared for the written test for the entrance .....Tag this Judgment!