Court : Orissa
Decided on : Mar-05-1981
Reported in : AIR1981Ori97; 51(1981)CLT305
..... be obtained in universities or medical institutions for grant of medical qualifications. m.d./m.s. degrees are recognised degrees in medical qualification. in exercise of such regulation-making power, the medical council of india formulated recommendations on post-graduate medical education which were approved by the government of india and thus became regulations within the meaning of section 33 of the act. up to 1977-78 ..... subject of study for a period of at least one year in an institution recognised for the purpose by 31-5-1980.(2) ... ... ... ... ... ... ... ...'the indian medical council has prescribed the specialities in which m. d, and m. s. degrees can be taken. at page 9 of the regulations, clinical subjects have been denned as general medicine, general surgery and specialities ..... subjects assigned to them and to have their names registered under the universities for submitting their theses.2. the pleadings relevant for disposal of the writ application advanced by the petitioners are these :--(i) under section 33 (j) of the indian medical councils act (102 of 1956), power has been vested in the council to frame regulations prescribing the courses ..... so that as soon as they completed the housemanship of one year, they could have, in case they qualified, taken admission within the time limit prescribed by regulation 2-a. cancellation of the notice under annexure 10 has now made it impossible for them to take the examination contemplated by the prospectus of 1979-80.3. in the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-21-1981
Reported in : 1982CriLJ478; 1981MPLJ689
..... learned additional sessions judge, in para 3 of his judgment, has stated that the non-petitioner, on 27-2-1979, submitted an application that the non-petitioner is a government servant and unless sanction under section 197, cr. p. c. is obtained, the court cannot take. cognizance of the complaint. further, on ..... of that case is cr. revision no. 25 of 1978 and it was dismissed on 17-2-1978 by this court and, therefore, the second complaint filed by the petitioner is not maintainable.5. if section 197, cr. p. c. and the above-mentioned facts are taken into consideration, i am ..... case no. 401 of 1978 has been confirmed, in which the complaint of the petitioner was dismissed for want of necessary sanction under section 197, cr. p. c.2. the complaint of the petitioner against the non-petitioner was that the non-petitioner has committed an offence of giving false evidence, fabricating ..... medical officer act or purport to act as a public servant in picking the pocket of a patient whom he is examining, though the examination itself may be such an act, the test may well be whether the public servant, if challenged, can reasonably claim that, what he does, he does in virtue of his office, a public servant charged with an offence under section ..... time of commission of the alleged offence employed, in connection with the affairs of a state, of the state government.(2) no court shall take cognizance of any offence alleged to have been committed by any member of the armed forces of the union while .....Tag this Judgment!
Court : Kerala
Decided on : Mar-25-1981
Reported in : AIR1981Ker149
..... -degree examination only for the purpose of admission to degree course of science, arts and the like, but not for the medical degree course.8. we will now look into the provisions of the kerala university act, 1974 (for short the act) and the kerala university first statutes 1977 (for short the statutes). section 16 of the act ..... is meant by 'recognised by the kerala university as equivalent thereto with eligibility for admission to the medical course'? the effect of clauses (1), 2 (a) and 2 (c) of section 19 of the act and section 1 of chanter 5 of the statutes is that broadly speaking, it is for the senate to lay ..... that the academic council normally meets only once in six months does not appear to have any relevance in the matter of construction of section 24 (2) of the act. therefore, with great respect to the learned judges of the division bench in dr. paul jayan's case, we should hold that ..... the senate during its next succeeding meeting. the senate shall have the power to cancel or amend any regulation as laid down in section 19 (2) (e) of the act. if any regulation or amendment or repeal thereof is not so laid before the senate, it shall lapse. the chancellor has been ..... the control of examinations and the maintenance of standards in connection with the affairs of the university, such as is provided for by section 24 (2) of the act. it seems to us too, that the existence of statutory power to frame regulation and to specifically prescribe matters connected with the examinations .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-20-1981
Reported in : AIR1979SC765; (1981)4SCC512
..... inequality or equality. going by vague reports, some backward universities and colleges have degenerated into degree-dealers bringing rapid discredit to indian academic status.16. the indian medical council act, 1956 has constituted the medical council of india as an expert body to control the minimum standards of medical education and to regulate their observance. obviously, this high-powered council has power to ..... solutions were seriously considered by the committee, namely (1) a common entrance examination such as is in vogue in many states and has the approval of the medical council of india; and (2) the standardization of the syllabi uniformly for the two universities and the elimination of different yardsticks in regard to the setting of question papers, marking systems and the ..... in endorsement of the view of the high court. an earlier decision of the kerala high court 1964 ker lt 298 gave rise to a commission appointed to recommend which sections of the people required special treatment under article 15(4) of the constitution, having regard to their social and educational conditions. that commission, inter alia accepted the educational ..... clerk no. 1 paraphrases and comments upon it over 41 folio pages of print of his own composition, dealing solely with the khyber suggestions in it. then comes clerk no. 2 with 31 more pages upon clerk no. 1. then we get to the region of asst. secretaries, by. secretaries and secretaries. all these gentlemen state their worthless views .....Tag this Judgment!
Court : Rajasthan
Decided on : Apr-16-1981
Reported in : AIR1981Raj269; 1981()WLN354
..... that in exercise of the powers conferred on it under the indian medical council act, 1956, the medical council of india in its revised recommendations made in 1979, for undergraduate medical education (which have been approved by the central government on 15th october, 1979, under section 33 of the indian medical council act, 1956), has made the following provision in relation to candidates belonging ..... (agri.) course in the various agriculture colleges attached to the punjab rao krishi vidyapeeth. the qualifications that were prescribed for admission to the m.sc. (agri.) course, were degree of b.sc. (agri.) or an equivalent examination with at least 50% marks in the aggregate in the subject offered for the post-graduate studies. finding that certain relaxation ..... conferring mutual favours by the state governments concerned on certain students. it cannot be assumed that while nominating students for admission to the medical colleges under clause (c) of rule 2 the state governments will so act as to confer undue favours on particular candidates. it can be reasonably expected that the state governments concerned, while nominating the candidates, ..... be rejected.11. with regard to the second contention of shri shrimali relating to the validity of the reservations contained in clauses (a) and (c) of rule 2 of the rules, the submission of the learned deputy government advocate was that the aforesaid provisions cannot strictly be called provisions with regard to the reservation of seats and .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-14-1981
Reported in : 1982(1)BomCR454a
..... it was stated :'these, decisions, therefore, before and after the hindu marriage act, 1955, came into force definitely show that the indian contract act, 1972, does not apply to the marriage under the hindu marriage act, 1955, and that the word 'fraud' used in section 12(1)(c) of the hindu marriage act does not mean any fraudulent representation or concealment. the test to be applied ..... up on 27-8-1976, by dr. bhatia when it was discovered by the petitioner that the respondent was suffering from second degree prolapsedd of the uterus. this was indicative of non-virginity. taking into consideration the medical report and the odd behaviour of the respondent and the surrounding circumstances, the petitioner had reasons to suspect that the respondent wanted to ..... another certificate issued by her dated 28th august, 1976, on record which says that the cervix was hypertrophied and elongated, hanging outside the vagina and that the cervix was about 2 1/2' long. the uterus was extroverted and of normal size. it further states that the respondent confided that she was having masturbation to satisfy herself before marriage and that she ..... of marriage. due to certain unfortunate circumstances, the husband was driven to file a petition for nullity within a short time which he did on or about 30th november, 1976.2. the petition proceeds to make the following allegations. the marriage had not been consummated owing to the impotency of the respondent. on the very first night the respondent refused .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-15-1981
Reported in : AIR1982Bom400; 1982(1)BomCR454
..... in the nature of a contract for some purpose was still a sacrament and therefore, 'fraud' cannot be interpreted in light of its definition in the contract act. after relying on certain well-known treatises on the l;aw of divorce prevailing in england, and the commentary in mulla's hindu law ..... 1975. by cr. bhatia when it was discovered by the petitioner that the respondent was suffering from second degree prolapsed of the uterus. this was indicative of nonvirginity. taking into consideration the medical report and the odd behavior of the respondent and the surrounding circumstances. the petitioner had reasons to suspect ..... event, the respondent was impotent at the relevant time, and there was non-consummation by reason thereof. the petitioner prayed for annulment of the marriage under sec, 12 (1) (a) and (e0, in the written statement the respendent denied that marriage was not consummated or that she refused to consummate the ..... the doctor) stated that the organ could go into the vagina easily and that the length of the vagina was normal and was about 11/2 she dented that the septum would obstruct the sexual enjoyment of the male partner, she also stated that the wife had told her that she ..... unfortunate circumstances, the husband was driven to file a petition for nullity within a short time which he did on or about 30th nov. 1976.2. the petition proceeds to made the following allegations. the marriage has not been consummated owing to the impotency of the respondent refused to have sexual .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-06-1981
Reported in : (1983)ILLJ477All
..... 's hand. he confirmed the fracture and found deformity and stiffness in all fingers of the hand.partial disablement has been defined in section 2(g) of the act. the definition runs as follows:'partial disablement' means, where the disablement is of a temporary nature, such disablement, as reduces the earning capacity of ..... per month in the wages of the appellant and calculating the compensation on this basis. 'wages' have been defined in the workmen's compensation act in section 2(m) as follows:'wages' includes any privilege or benefit which is capable of being estimated in money other than a travelling allowance or the value ..... of this case, i hold that the amount of overtime allowance drawn by rajan was within the concept of 'wages' in section 2(m) of the workmen's compensation act.9. the next argument of the learned counsel for the appellant is that the workmen's compensation commissioner was in error in ..... a mal-united fracture of proximal phalanx of left hand ring finger which has produced deformity and stiffness to all fingers of hand to terminal degree and wasting of hand muscles of 1/5 to normal size. with time he has improved upon to some extent and it is not further ..... because the appellant deliberately absented himself on july 23, 1979; otherwise it would have been able to know that the statement of the chief medical officer would be recorded subsequently.7. the next argument of the learned counsel for the appellant is that the workmen's compensation commissioner committed an .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-28-1981
Reported in : AIR1981SC1829; 1981LabIC1313; (1981)IILLJ314SC; 1981(3)SCALE1275; (1981)4SCC335; 1SCR438; 1981(2)SLJ349(SC)
..... virtue of a notification dt. 15.6.79 published in the gazette of india, part ii-section 3, sub-section (ii) dated 30.6.79, which runs thus: new delhi, the 15th june 1979.s.c. 2258-in exercise of the powers conferred by section 16 of the equal remuneration act, 1976 25 of 1976) the central government having considered all the circumstances relating to, and ..... passages every alternate year.for a period not exceeding ten years from the date of retirement or from april 1, 1974, whichever is later.(f) employees retiring permanently due to medical unfitness provided that they have retired after rendering continuous service for a minimum period of 15 years.--do----do--61. thus, although the afps also get retiral benefits which continue ..... involve disparity in the treatment of the persons tried under them, such disparity is not by itself sufficient, in my opinion, to outweigh the presumption and establish discrimination unless the degree of disparity goes beyond what the reason for its existence demands as, for instance, when it amounts to a denial of a fair and impartial trial. 30. fazal ali j ..... the case before us the language of section 5(1) is perfectly clear and free from any ambiguity. it vests an unrestricted discretion in the state government to direct any cases or classes of cases to be tried by the special court in accordance with the procedure laid down in the act....i am definitely of opinion that the necessity of a speedier .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-27-1981
Reported in : AIR1981SC1009; 1981(1)SCALE437; (1981)2SCC484; 3SCR34; 1981(13)LC333(SC)
..... learned counsel for the petitioners raises other contentions. he urges that the selections made are not in accordance with the regulations framed by the indian medical council under section 33 read with section 19a, indian medical council act, 1956 and therefore violate the fundamental right of the petitioner guaranteed under article 15 of the constitution. it is contended that the regulations are law ..... .b.s. course. the respondents, however, question the validity of the regulations. we are then referred by the petitioners to clauses (j) and (1) of section 33, indian medical council act, 1956 in support of the contention that the power of the council to make regulations extends to making regulations prescribing the examinations and tests for admission. it seems to ..... varied from time to time during the interviews. therefore, it is said, the selection stands vitiated. it is alleged that while one member, shri n.s. pathania, principal, medical college, jammu joined the committee some time after the interviews had begun, another member, shri b.r. kundal, deputy commissioner, udhampur was present during a part of the proceedings ..... 1980-81. the petitioner, who had also applied for admission, was denied it. she contends that the criteria adopted in granting admission is discriminatory, unreasonable and void.2. the principal, government medical college, srinagar invited applications by 3rd april, 1980 for admission to the m.b.b.s. course for the session 1980-81, and the notice specified the .....Tag this Judgment!