Court : Mumbai
Decided on : Jul-23-1968
Reported in : (1969)71BOMLR587; 1969MhLJ621
..... and have a president and a vice-president. section 11 is one of the important sections of that act. the act included in the first schedule medical qualifications granted by medical institutions in the provinces of india and they were recognised as recognised medical qualifications for the purposes of that act. under sub-section (2) of section 11, any medical institution in a province of india which granted ..... of uniform minimum standards of medical education in the country, it became imperative to resume the consideration of the ..... cause for taking steps for the establishment of such council appears to be the action of the general medical 'council in great britain deciding to withdraw temporarily the recognition of medical degrees of indian universities. by this action the international status of those degrees had been endangered, and, therefore, to safe-guard this status and to provide for the maintenance ..... already been made clear to you that the d. m. p. students cannot directly appear for the m.b.b.s., degree examination unless they get the l. m. p. qualification as per resolution of the medical council of india dated 8th november 1959, which has already been sent to you ( copy enclosed for ready reference) and the .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-06-1968
Reported in : AIR1970Cal1
..... person for whomhe renders services.22. as regards appointment of medical practitioner the provisions of the act and in particular section 58 and rules 4, 8, 9. 15, 16 and regulation no. 2 and regulation 3 (2) indicate that a medical practitioner is included in the medical list on his application to undertake to provide general medical services under the rules and in accordance with the terms of ..... extent of control which is requisite to establish the relationship of employer and employee must necessarily vary from business to business and is by its very nature incapable of precise definition. it follows therefore that there should be control and supervision by the employer in relation to the work.14. the decision in abdul shakur's case, : 1scr387 was on ..... any power to direct the doing of the work or power to direct the manner in which the work is to be done. it will also appear from section 28 in the act of 1948 that the purposes for which the fund might be spent were inter alia on account of payment of fees and allowances to members of the corporation and ..... in lieu of the state government suggested that employees would be under the state. this contention is not supported either by the act or by the rules. rule 4 read with section 58 indicates that a medical practitioner is one who has undertaken to provide general medical services under the rules and who has also agreed in accordance with the terms of service to .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-22-1968
Reported in : (1969)ILLJ169Raj
..... an indian university is a question relating purely to an academic matter and courts should naturally hesitate to express a definite opinion, specially when the selection board of experts considers a particular foreign university degree as so equivalent. 44. further on, their lordships have been pleased to observe ;it would normally be wise and safe for the courts to leave the ..... a principal i3 a part-time post and not a promotion post. it has also been submitted that the posts of principals in sardar patel medical college, bikaner; ravindra nath tagore medical college, udaipur; medical college, jodhpur ; and medical college, ajmer, are not the posts of purely principals, but the principals of these colleges are also the controllers of associated group of hospitals ..... and conditions of service, there could be some justification in challenging the validity of their appointments even on a temporary footing on the basis of the university act, statutes and ordinances. all the medical colleges and attached hospitals are run by the government of ra]asthan and both dr. ojha and dr. rishi have been appointed as professors not by the ..... to cultivate and promote the arts, science and other branches of learning. 24. section 28 provides for making of statutes. the first three clauses of section 28 read as under:(1) on the commencement of the act, the statutes of the university shall be those set out in the schedule.(2) the statutes may be amended, repealed or added to by statutes made by .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-17-1968
..... works in this field states that the major difficulty in articulating a "disease concept of alcoholism" is that "alcoholism has too many definitions, and disease has practically none." [ footnote 2 ] this same author concludes that " a disease is what the medical profession recognizes as such. " [ footnote 3 ] in other words, there is widespread agreement today that "alcoholism" is a "disease," ..... disagreements among doctors in their description and analysis of the disease. it is also true that, on the record before us, there is some question whether powell possessed that degree of compulsion which alone would satisfy one of the prerequisites i deem essential to assertion of an eighth amendment defense. it is nowhere disputed, however, that there are chronic ..... the chronic alcoholic who proves his disease and a compulsion to drink is shielded from conviction when he has knowingly failed to take feasible precautions against committing a criminal act, here the act of going to or remaining in a public place. on such facts, the alcoholic is like a person with smallpox, who could be convicted for being on ..... hold that robinson v. california establishes a firm and impenetrable barrier to the punishment of persons who, whatever their bare desires and propensities, have committed no proscribed wrongful act. but i would refuse to plunge from the concrete and almost universally recognized premises of robinson into the murky problems raised by the insistence that chronic alcoholics cannot be .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-11-1968
Reported in : AIR1970P& H137
..... contained in sub-section (2) of section 110-c of the motor vehicles act, therefore, expressly authorise the tribunal constituted under section 110 of the act to take evidence on oath.inasmuch as the presiding officer of the tribunal has to be a person, it appears to be clear that the motor accidents claims tribunal squarely falls within the definition of 'court' contained in section 3 of the ..... , but in most cases this distinction is clearly discernible. in short, in criminal cases there must be mens rea or guilty mind, i.e., rashness or guilty mind of a degree which can be described as criminal negligence; mere carelessness is not enough.31. secondly, the principle of avoidance of liability when there is contributory negligence by the injured person is ..... should not usurp the functions of the domestic tribunal or dictate its procedure. repelling these arguments, viscount simon l. c. made this illuminating speech:--'parliament has conferred on the general medical council responsibility for the register, and has constituted the council a domestic forum to determine whether a case is made out for striking off the list a particular name. the ..... may first mention the judgment of a division bench of the chief court of punjab, prepared by rattigan, j., in bishen das v. ram labhaya, 106 pun re 1915 = (air 1916 lah 133). the judgment of the sessions court at faridkot convicting the defendant was ruled out of consideration by the district judge in a claim for compensation. when the correctness .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-02-1968
Reported in : AIR1969SC128; (1969)71BOMLR236; 1968MhLJ599(SC); 1SCR206
..... set in right from the time die accident occurred. the aforesaid letter furnishes a clear indication that he was not definite even at that stage that death was the result of embolism or that even if it was so, it was ..... on the above passage for his theory of delayed reduction. counsel for the appellant complained that the high court perused several medical works, drew inspiration and raised inferences therefrom instead of relying on dr. gharpure's evidence, an expert examined by the ..... it should be made. the author also states that where plaster cast is used for immobilisation before reduction a cylindrical section 3 to 4 in width at the site of the fracture should be removed leaving the rest of the cast intact ..... negligence and carelessness. he also said that he was not pressing the question whether in this action filed under the fatal accidents act (xiii of 1855) the respondents would be entitled to get damages. the question, therefore, is within a small compass, ..... to produce effects.' * * * *the characteristic and bizarre behaviour noted in association with multiple cerebral fatty emboli usually begins within 2 or 3 days of the injury. the preceding pulmonary symptoms may be overlooked, especially in a seriously injured patient. the patient is ..... patient. the practitioner must bring to |his task a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. neither the very highest nor a very low degree of care and competence judged in the light of the particular .....Tag this Judgment!
Court : Delhi
Decided on : May-02-1968
Reported in : AIR1969Delhi235; 1969CriLJ965
..... medical attendance and treatment. in the case of an unmarried daughter, it also, includes the reasonable expenses of and incidental to her marriage. sub-section (c) of section 2 defines minor as a person who has nto completed his or her age of 18 years.66. section 4 provides for the overriding effect of the act, the section ..... person below 14, for the purposes of children's act etc. the meaning of the word in section 488 which contains no definition of it, must be taken to be 'minor' whether under the indian majority act, or the court of wards act, or the guardians and wards act.'34. anantanarayanan j. followed this case in ibrahim ..... of a child if it had become major while mackney j. in ma e mya v. u ko ko gyi air 1937 rang 370 was definitely of the opinion that the word 'child' merely expresses a relationship which may exist whether the child is under an age of majority or ..... observed:--'the word 'child' has nto been defined in the criminal procedure code. in english it hap gto apparently various statutory definitions. but in the absence of any definition or anything to the contrary in an act, i am of opinion that a 'child' is a person who has nto reached full age. it is only ..... for bachelor's degree in medicine and surgery in the medical college at aligarh. shashi prabha aged 18 years was studying in the higher secondary class while rakesh kumar was a student in 10th class.6. without expressing any definite opinion on the question whether the use of the word 'child' in section 488 cr. .....Tag this Judgment!
Court : Chennai
Decided on : Jan-05-1968
Reported in : AIR1969Mad134; 68ITR279(Mad); (1968)ILLJ682Mad
..... the evolution of case-law. for this purpose, it is really necessary to keep in mind, throughout, three relevant definitions, namely, definition of 'industry' in section 2(j), of 'industrial dispute' in section 2(1) and of 'workmen' in section 2(s) of the industrial disputes act. but since those definitions have been set forth verbatim in several of the precedents cited at the bar, including the gymkhana club case ..... obligation not to betray the confidence and advise his client as best as he can. the same element of trust and confidence must be a test in more or less degree in modern professions. a chartered accountant is approached by his client for advice and guidance in his problems with regard to trade, business or industry, and it is expected that ..... persons constituting the partnership, a partnership of lawyers will not be an 'industry' within the meaning of the definition, merely because there are two or more lawyers, and not a single lawyer. clearly, the same argument will hold good for members of the medical profession. the true argument of mr. dolia is that, even if the learned professions are to be excluded ..... discharged. during the period of such treatment, all their needs have to be attended to, food has to be supplied to them, nursing assistance has to be given to them, medical help from time to time has to be rendered and all incidental services required for their recovery have also to be rendered. now, in the case of the activities of .....Tag this Judgment!
Court : Chennai
Decided on : Jan-05-1968
Reported in : (1968)1MLJ361
..... the evolution of case-law. for this purpose, it is really necessary to keep in mind, throughout, three relevant definitions, namely definition of 'industry' in section 2(j), of 'industrial dispute' in section 2(k) and of 'workmen' in section 2(s) of the industrial disputes act. but since those definitions have been set forth verbatim in several of the precedents cited at the bar, including the gymkhana club case ..... obligation not to betray the confidence and advise his client as best as he can. the same element of trust and confidence must be a test in more or less degree in modern professions. a chartered accountant is approached by his client for advice and guidance in his problems with regard to trade, business or industry, and it is expected that ..... persons constituting the partnership, a partnership of lawyers will not be an industry within the meaning of the definition, merely because there are two or more lawyers, and not a single lawyer. clearly, the same argument will hold good for members of the medical profession. the true argument of mr. dolia is that, even if the learned professions are to be excluded ..... discharged. during the period of such treatment, all their needs have to be attended to, food has to be supplied to them, nursing assistance has to be given to them, medical help from time to time has to be rendered and all incidental services required for their recovery have also to be rendered. now, in the case of the activities of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-27-1968
Reported in : AIR1970SC919; [1970(20)FLR176]; 1970LabIC787; (1969)IILLJ755SC; 2SCR307
..... the dearness allowance. the tribunal was apparently of the view that in determining the question the definition of the word 'wages' in the industrial disputes act, 1947, would come to the aid of workmen. the expression 'wages' as defined in section 2(rr) of .the industrial disputes act means all remuneration, capable of being expressed in terms of money, which would, if the ..... the courts, but before the legislative branch of the state. in respect of the bonus, provident fund, retrenchment compensation, state insurance schemes as well as medical benefits, legislation has been introduced bringing a reasonable degree of certainty in the laws governing the various benefits available to the workmen and we are of the view that even in respect of gratuity a ..... considerations ad hoc and based on no principle and courts have upheld or modified those awards without enunciation of any definite or generally accepted principle. in the present case we have been largely guided by the consideration of securing a reasonable degree of uniformity in the fixation of gratuity in the textile industry, for, in our view, a departure made from ..... of the conditions of workmen employed in the industry, and in the absence of principles precedents may have to be adopted as guides--somewhat reluctantly to secure some reasonable degree of uniformity of harmony in the process.31. but the branch of law relating to industrial relations the temptation to be crusaders instead of adjudicators must be firmly resisted. .....Tag this Judgment!