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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1976 Page 1 of about 363 results (0.225 seconds)

Aug 05 1976 (HC)

T.i. Cycles of India Vs. E.S.i.C.

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 .....

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Aug 05 1976 (HC)

T.i. Cycles of India Vs. the Regional Director, Employees State Insura ...

Court : Chennai

Decided on : Aug-05-1976

Reported in : (1977)1MLJ511

..... 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 industray to have an ambulance room which is in charge of a qualified ..... civil court, madras, the learned judge who heard the c.m.a. (sic) (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 agent's office of a mill, purely attending to administrative work would not come within the definition of '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 chettiar v. employees state insurance corporation : (1963)iillj207mad . there the question arose whether gardeners, office attenders and watchmen would be employees within the meaning of the act. the court was inclined to take a broader view than the .....

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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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Nov 29 1976 (SC)

Amrit Bhushan Gupta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Nov-29-1976

Reported in : AIR1977SC608; 1977CriLJ376; (1977)1SCC180; [1977]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, .....

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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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Feb 12 1976 (HC)

Bengal Coal Co. Vs. Shahed Miah

Court : Kolkata

Decided on : Feb-12-1976

Reported in : (1977)IILLJ516Cal

..... of earning capacity. in other words, the finding of the commissioner is based on no evidence at all. section 4(1)(c)(ii) of the workmen's compensation act, 192) provides that subject to the provisions of the act the amount of compensation shall be where permanent partial disablement results from the injury-in the case of an ..... question of a loss of earning capacity arises and the loss or diminution of such capacity must obviously be established by evidence other than the medical evidence. the utmost a medical witness can give by way of a percentage is to give the percentage of the lots of the normal physical capacity or power. the loss ..... of work he had been accustomed to do and that physically he is still in a position to perform the same kind of work with an equal degree of efficiency arid yet it may be that because of the visible disfigurement, he is refused employment by every one so that his labour has become ..... the loss of a limb, the capacity of the affected workman to do the kind of work he was accustomed to do has not in the slightest degree been affected, nor has any difficulty arising in the way of his getting employment of the usual kind by reason of the injury. in such a case ..... . bhattacharya was examined. he had seen the patient on the 12th september, 1966. his evidence is :there is one irregular scar mark of 2 inches by 2 inches on the medical side of the left foot resulting from the skin-grafting of the lacerated injury. there is no evidence of any injury to the nerves and .....

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Mar 02 1976 (HC)

Gunanidhi Mohapatra Vs. the Chairman, N.A.C. and ors.

Court : Orissa

Decided on : Mar-02-1976

Reported in : AIR1976Ori181; 42(1976)CLT507

..... made from the municipal fund contrary to law where such illegal payment has been authorised by him while acting as a councillor. he also invited our attention to sub-section (2) of section 94 of the act which requires any councillor to call the attention of the chairman to any waste of council's property. ..... an assistant surgeon. he was not registered as a medical practitioner as required under section 15 of the indian medical councils act (ii) no prior sanction of the state government had been obtained for creating the post of second medical officer as required under section 73 of the orissa municipal act. (iii) the order of appointment in annexure ..... characteristics of the writ of quo warranto and the history of its development in england would appear from the leading case of the king v. speyer, (1916) 1 kb 595. lord reading c. j. pointed out that originally a writ of quo warranto was available only for use by the king against ..... m. s. m. diploma which had been recognised by government as equivalent to m. b. b. s. degree. the qualification prescribed in the advertisement (annexure a/3) was either a m. b. b. s. degree or a d. m. s. m. diploma. thus the requirement of the advertisement was satisfied. it appears from ..... the letter dated 13-11-1065 (annexure t/3) from the chairman of the n. a. c. to the director of health services that the post of medical officer under the state .....

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Mar 23 1976 (SC)

Madhukar G.E. Pankakar Vs. Jaswant Chobbildas Rajani and ors.

Court : Supreme Court of India

Decided on : Mar-23-1976

Reported in : AIR1976SC2283; (1977)1SCC70; [1976]3SCR832

..... government or any local authority; 9. the short question then is whether the appellant is qualified to be a councillor (which expression is rightly deemed to include president, vide section 2(7)). the disqualifying stain is stated to be that he held an office of profit under the state government. he did resign before the date of poll but after the ..... class, the primary responsibility for executing the project being shouldered by a statutory corporation created by section 3 of the act and the infra-structure for implementation is organised by the other provisions of chapter ii. a standing committee administers the affairs of the corporation. a medical benefit council is constituted by the central government to help in the discharge of the duties of ..... a complex of sources. but gurugobinda : [1964]4scr311 and gurushanthappa : [1969]3scr425 took the view that payment of remuneration not from public revenue is a neutral factor. is the degree of control by government decisive? the power to appoint direct and remove, to regulate and discipline, may be good indicia but not decisive, as pointed out in gurushanthappa. in our ..... with the rules framed under section 96 of the insurance act. in this connection, a closer link with the present situation is established by kanta : [1970]2scr835 where an advocate, acting for government under the directions of the government pleader could be said to hold an office of profit. sikri j., (as he then was) adopted the classic definition of 'office' given by .....

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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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