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 .....Tag this Judgment!
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); .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-29-1976
Reported in : AIR1977SC608; 1977CriLJ376; (1977)1SCC180; 2SCR240
..... the passing of the sentence of death and its execution. a special provision for a person sentenced to death is to be found in section 30 of the prisons act, 1894, which lays down:30. prisoners under sentence of death-(1) every prisoner under sentence of death shall, immediately on his arrival ..... hewart, who opposed lord darling's attempt to legislate on the lines recommended by the atkin committee (see chapter 6). lord hewart suggested that the medical inquiry should be concerned only with a single, simple question: 'if this condemned person is now hanged, is there any reason to suppose from the ..... to pass orders for observation of the convict and obtaining certificates of experts on the mental condition of the convict.6. dr. p.b. buekshey, medical superintendent and senior psychiatrist, hospital for mental diseases, shahdara delhi, certified as follows:after careful consideration of the entire mental state of the accused, including ..... after sentence of death he cannot be hanged until he has recovered. in each of these cases, the question of sanity is entirely a medical question of fact and is in no way dependent on the principles laid down in m' naghten's case.the rule that insanity at the time ..... that it is necessary for the safety of the prisoner or others that he should be further detained under medical care or treatment, then until he is discharged according to law.(2) where it appears to the state government that the prisoner has become of sound mind, the state government shall, .....Tag this Judgment!
Court : Orissa
Decided on : Nov-26-1976
Reported in : AIR1977Ori128a
..... got admitted in 1970. results were published in november, 1974, and petitioner was not shown to have come out successful. regulations framed under section 53 of the homoeopathic act provide for the setting up of the medical faculty of homoeopathy and under the regulations in cases of extreme hardship, the faculty (which is responsible for the holding of examinations) has power ..... same petitioner. in the first case, she has asked for a writ of mandamus restraining the state government, the orissa state board of homoeopathic medicine and the orissa state medical faculty of homoeopathy from implementing the faculty resolution of november, 1975 (annexure 5), canceling the results. in the second application, petitioner has asked for a direction to the ..... extracted the entire text of the resolution. the justifications for the resolution as given therein are (i) the resolution has not been approved by the state government; and (ii) government (have intimated that a review of the results after the same were published is beyond the jurisdiction of the faculty or the board. we have already indicated that ..... act was amended authorising government to vest the powers of the board in the president alone and on 17-5-1974, government appointed sri chintamoni mohapatra as the president of the board and authorised him to exercise all the powers of the board. the government homoeopathic medical college at bhubaneswar is affiliated to the homoeopathic board which conducts examinations and awards degrees .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-18-1976
Reported in : 1976(2)KarLJ396; (1977)IILLJ531Kant
..... that a railway servant working on all post lost one eye and two teeth as a result of a collision between two engines and the medical officer declared that the servant was unfit for jobs in class al and b but fit for class c2 because of his defective vision and ..... off from the vehicle as a result of which there was an accident. in the said accident he sustained injury to his left arm. the medical evidence shows that the injury sustained by bhimaiah resulted in an impairment of free movement of his left hand, cisabling him from driving vehicles. he ..... total disablement' as defined in s. 2(1) of the act. total disablement is defined in the following terms : 'total disablement' means such disablement, whether of a temporary or permanent nature, as incapacitates a ..... vehicles. therefore, the commr. was not correct in holding that the injury suffered by bhimaiah amounted to permanent total disablement within the meaning of the 'act'. what is the extent and the nature of the injury and what compensation bhimaiah would be entitled to would, how ever, have to be ascertained afresh ..... of a driver he was entitled to the compensation payable for permanent and total disablement. aggrieved by this decision, the appellant has preferred this appeal. 2. the question for consideration is whether the injury caused to the left arm of bhimaiah, which has disabled him from using his arm freely constituted ' .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-15-1976
Reported in : (1977)IILLJ487AP
..... terminated, an appeal may be preferred by him to the prescribed authority. sub-section (2) says:if any such appeal as is referred to in sub-section (1) has been disposed of before the date of commencement of this act, the order made in any such appeal shall be deemed to be an ..... the college was dismissed by the management. the question arose whether the court could order reinstatement of such an employee. applying the principle enunciated in vaish degree college case (supra) and reversing the decision of the allahabad high court in k.k. srivatsava v. arya vaidya sabha, (supra) the supreme court ..... writ can be issued against a college which is simply a private body. madhava reddy, j., followed the decision of the full bench in kakatiya medical college case (supra). it is for the purpose of shaking the authority of the foil bench. sri shiv shenker, argued at great length in ..... reddy j. repelled all these contentions he found that the appellant-college was a public body and following the decision of the full bench in kakatiya medical college case, (supra) he held that a writ petition was maintainable and a writ could be issued. he repelled the argument that granting a ..... writ large on every facet of the institution.13 the full bench of this court in harijantder singh v. selection committee, kakativa medical college, (supra) opined that the kakatiya medical college though privately run, is affiliated to the osmania university and receives grants from the state of andhra pradesh. therefore, it .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-16-1976
Reported in : AIR1977Cal213
..... court, the marriage law of 1976 was enacted. the marriage laws (amendment) act of 1976 amended section 12(1)(a) of the hindu marriage act by section 6 of act 68 of 1976. section 12(1)(a) was amended by section 6 (1) (a) of the new act and for clause (a) the following clause was substituted.'(a) that the ..... is not necessarily affected. it will be further found that in the said case the division bench of this court considered the effect of section 56 of the contract act in the matter of marriage contract. in the said case it has been stated in respect of the impotency vis-a-vis disease as ..... intromissio, that is, of erection and penetration by the male of the woman. full and complete penetration is an essential ingredient of ordinary and complete intercourse. the degree of sexual satisfaction obtained by the parties is irrelevant. in the case reported in : 1scr559 , (digvijay singh v. pratap kumari) it has been ..... the appeal and both of them agreed that no further opportunity need be given for the disposal of the case as envisaged in section 39 of the marriage laws (amendment) act, 1976.7. mr. mukherjee on behalf of the appellant contended that there was no consummation of marriage and that on the date ..... a practical impossibility due to the incapacity of the wife being impotent, we are to consider the medical evidence adduced in this case. on behalf of the respondent two doctors were examined, d. ws. 1 and 2 and p. w. 1 the other doctor who deposed, was appointed by the court on an .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-09-1976
Reported in : AIR1977Kant42; ILR1977KAR137; 1976(2)KarLJ285
..... situated at binnamangala manavarthakaval village and belonging to the respondents was acquired under the provisions of the land acquisition act under a notification issued on 27-8-1964. respondents were served with the notice under sub-section (2) of, section 12 of the land acquisition act on 2-81970 informing them that an award had been passed in respect of the land that bad been acquired ..... of that article. therefore, it is not possible to accede to the argument that the limitation prescribed by article 181 can be invoked in dealing with applications under section 33-c(2) of the act.' 10. it appears to us that the view expressed by this court in those cases must be held to be applicable, even when considering the scope and applicability ..... , it is well settled that article 181 applies only to applications which are made under the code of civil procedure, and so, its extension to applications made under section 33-c(2) of the act would not be justified. as early as 1880, the bombay high court had held in bai manekbai v. manekji kavasji, (1880) ilr 7 born 213, that article 181 ..... . the case of the respondents before the court below was that they had filed an application under sub-section (1) of section 18 of the land acquisition act requesting the land acquisition officer .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-02-1976
Reported in : AIR1977P& H97
..... girl who married with high hopes which were subsequently belied. she is corroborated to a great extent by the statement made by dr. c. philips, professor of obstetrics and gynaecology, medical college, amritsar, who appeared as p. w. 5, she stated that she examined the appellant and found her to be a virgin. in her cross-examination, she admitted that where ..... azeem v. fahimunnisa begum, air 1969 mys 226, it was held that incapacity or inability of the husband to consummate the marriage is one pattern of impotence. the fact that medical examination showed no constitutional defect in the organ of the husband will not eclipse the proved and established fact that the husband was unable to perform the sexual ..... so far as may be, as if it had been originally instituted therein under the special marriage act, as amended by this act,(2) in every petition or proceeding to which sub-section (1) applies, the court in which the petition or proceeding is pending shall give an opportunity to the pasties to amend the pleadings, in so far as such, amendment is ..... various doctors who declined to give certificates showing the results of their respective examinations. he has not indicated the ailment for which medical examina-tion of the respondent was considered necessary. it appears to us that ram chand (r. w. 2) was probably making frenzied efforts to have his son cured of impotency.10. from the statement of ram chand (r. w .....Tag this Judgment!
Court : Chennai
Decided on : Aug-05-1976
Reported in : (1977)IILLJ222Mad
..... assisted by at least one qualified nurse. the explanation to the rule states that the expression 'qualified medical practitioner' means a person holding a qualification granted by an authority specified in the schedule to the indian medical degrees act, 1916. thus, it is seen that it is a prerequisite for running an industry to have an ambulance room which is in charge of a qualified ..... additional judge, city civil court, madras, before the learned judge who heard the writ petition and before us is whether the doctors are employees as defined in section 2(9) of the act. section 2(9) of the act defines an employee as follows:'employee' means any person employed for wages in or in connection with the work of a factory or establishment to which this ..... ' and that persons employed as secretary, clerk or typist in the managing agents office of a mill, purely attending to administrative work would not come within the definition of an 'employee' in the act. but the court observed that, where such a person was in-charge of disbursing payment of wages to the workers in the mill or maintaining the accounts of ..... the mill, he would come within the definition of the word 'employee'.5. this decision was referred to in thiyagarajan chettlar v. employees' state insurance corporation, madurai (1963) 24 f.j.r. 400. there the question arose whether gardeners, office attenders and watchman would be employees within the meaning of the act, the court was inclined to take a broader .....Tag this Judgment!