Court : Punjab and Haryana
Decided on : Nov-10-1982
Reported in : AIR1983P& H236
..... for registration in a medical register of a state meant for the registration of persons practising the modern scientific system of medicine, or ( ..... drugs and cosmetics act nor a registered medical practitioner as provided under r. 2(ee) which reads as under :--'2(ee) 'registered medical practitioner' means a person:-- (i) holding a qualification granted by an authority specified or notified under s. 3 of the indian medical degrees act 1916(7 of 1916) or specified in the schedules to the indian medical council act 1956(102 of 1956), or (ii) registered or eligible ..... the word 'state' in the aforesaid rule, hence, in my view, anybody who is registered in my view, anybody who is registered in any state and satisfied other requirements of the said rule, would be considered a registered medical practitioner for the purpose of the said rule.11. ..... perusal of clause (ii) of the said rule would show that the framers of the rules had put indefinite article 'a' before the word 'state'. if it had been intended that the registration had to be in the given state (and in the present case the punjab state) then the framers of the rule would have put definite article 'the' before .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-05-1982
Reported in : AIR1982SC933; 1982(30)BLJR292; [1982(44)FLR308]; 1982(1)SCALE222; (1982)2SCC55; 3SCR444; 1982(1)SLJ416(SC)
..... bihar is included in the schedule to the indian medical council act, 1956 as a degree fully recognised by the indian medical council which is the paramount professional body set up by statute with authority to recognise the medical qualifications granted by any university or medical institution in india. a post-graduate medical degree granted by a university duly established by statute in ..... the qualifications prescribed for the said post by clause (vii) of ordinance no. 65 are :(1) a basic university (degree ?) or equivalent qualification entered in schedules to the indian medical council act, 1956.(2) registration under the state/central medical registration act.(3) post-graduate qualification in the concerned subject.(4) two years' experience of medico-legal work.9. the appellant is ..... equivalence' in respect of such a degree awarded by any university. unfortunately, the state public service commission as well as the division bench of the high court failed to notice this crucial aspect. we may also point out that the declaration of 'equivalence' referred to in section 23a of the rajasthan university act as well as in clause (vii ..... ) of ordinance no. 65 of the rajasthan university ordinances can only be in respect of qualifications other than basic or post-graduate degrees awarded by other statutory indian universities in the concerned subjects. in .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-16-1982
Reported in : AIR1982All359
..... of their results broadly on two grounds : (1) the regulations framed by the medical council of india under section 33 of the indian medical council act laid down the scheme of examination for the various professional examination including the third and final professional examination for the degree of m.b.b.s. in this scheme of examination for the third professional ..... be declared as having passed the examination notwithstanding, that they did not receive the minimum of 50% marks in the clinical examinations in ophthalmology, and e.n.t. (2) on a true and proper construction of the applicable rules relating to the award of grace marks, the petitioners were each, in any case, entitled to be declared ..... this conclusion, is fortified further by an express statutory provision, namely section 19a of the indian medical council act which reads thus:-- '19-a. (1) the council may prescribe the minimum standards of medical education required for granting recognised medical qualifications (other than postgraduate medical qualifications) by universities or medical institutions in india. (2) copies of the draft regulations and of all subsequent amendments thereof ..... in considerable detail showing that eye and e. n. t. are two separate subjects. in the counter-affidavit, it has been asserted that under section 27 (2) of the u. p. universities act, it is provided that each department shall have such subjects of study as may be assigned to it by ordinances. in the ordinances issued under these .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-01-1982
Reported in : AIR1982All439
..... ) the governor was not competent to frame rule 3 placing restriction as it does not lay down any condition of service. (2) rule 3 is void as it is repugnant to section 20-a and section 33(m) of the indian medical council act, 1956. (3) rule 5 which confers powers on the state government to relax the rules in cases of undue hardship in ..... examining the nature of the social control, the interest of the general public which is subserved by the restrictions, the existing circumstances which necessitated the imposition of the restrictions, the degree and urgency of the evil sought to be mitigated by the restrictions and the period during which the restrictions are to remain in force. at the same time the possibility ..... regulating the recruitment and conditions of service of persons appointed to such service and posts.21. now, if a person obtains a m.b.b.s. or even a higher degree of m. s., m. d. and the like he may adopt any of the following courses for his life;1. start private practice and open his own clinic ..... shall not be payable to a government doctor who does not possess m. b. b. s. degree or b. d. s. or lsmf, (lmp) diploma, or who is not entitled to be registered by the indian medical council, or who is debarred by the indian medical council from doing private practice or on a post which on the date of commencement of these .....Tag this Judgment!
Court : Chennai
Decided on : Dec-23-1982
Reported in : (1983)IILLJ372Mad
..... and demonstrators, except those relating to non-clinical departments are the doctors who are in charge of the respective work in the hospitals as also teaching. 11. s. 2(a) of the indian medical council act, 1956, defines 'approved institution' as meaning a hospital, health centre or other such institution recognized by a university as an institution in which a person may undergo ..... to avoid the conclusion that imparting education is an industry. the first ground relied on by the court is based upon the preliminary conclusion that teachers are not 'workmen' by definition. perhaps, they are not, because teachers do not to manual work or technical work. we are not too sure whether it is proper to disregard, with contempt, manual work and ..... non-teaching staff will have to be referred to arbitration if it seem to touch the service condition. arbitrations, not imparting education, will become the business of educational institutions. the section is in our opinion had in its application to minorities.' 29. we are of opinion these observations clearly apply to the provisions of ss. 10 and 11a of the industrial ..... with electrocardiographic room and facilities for screening the patients. the university of madras have also issued instructions and the relevant portions are extracted below : 'final m.b.b.s. and degree examination : 28. course of study. - the course of study shall extend over three years subsequent to the second m.b.b.s. examination which shall be spent at a hospital .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-09-1982
Reported in : AIR1983P& H70
..... to be elected from amongst persons enrolled on any of the state medical registers who possess the prescribed qualification. sub-section (2) again lays down that the president and the vice-president shall also be elected by the members of the council from amongst themselves. a reference to sch. i to the act would indicate that even at the stage of its enactment there ..... . this part is prominently and meaningfully categorised by the framers of the constitution themselves. the opening article 12 and 13 of the chapter are general in nature containing therein the definition clause and the declaration that laws inconsistent with or in derogation of the fundamental rights are void to that extent. thereafter follow the articles under the distinct sub-heads--the ..... indirect or remote control of the central government allegedly through the medium of the medical council of india. indeed the core of the attack seems to be that the medical council constituted under section 3 of the indian medical council act exercises such a degree of control over all institutions imparting higher medical education, that the central government, which would be presumed to be controlling the aforesaid .....Tag this Judgment!
Court : Delhi
Decided on : Mar-01-1982
Reported in : 1982(3)DRJ225b; ILR1982Delhi927
..... september. 1976 and graded him as 'r' on both the selections. major bakshi filed a representation to the coas and statutory complaint under section 27 of the act and after rejection. moved this court for similar reliefs. (4) in the affidavit in opposition to the writ petitions. the stand of the ..... promotion would be kept under review. regulation 107 reads as under: 'constitution and duties of selection boards. selection boards (for officers other than army medical corps, army dental corps and military nursing service) are constituted as required under the order of the chief of the army staff. their composition and ..... the learned single judge rightly puts it that the army is required to be in the permanent state of preparedness and it calls for high degree of initiative, drive, imagination and technical capability in each of its officers and exceedingly high in case of senior officers. this calls for ..... to the ranks of maj. general and lt. general. the coas, thereforee, did not participate in the collective deliberations of selection boards nos. 2 and 3 when the cases of these two officers were considered for the assessment of suitability for promotion to the higher ranks. the record shows ..... of meetings : as required by the chief of the army staff. (c) duties (i) assessment of officers for promotion to lt. col. and above. (ii) grant of tenures. (iii) consideration of cases of officers requesting transfer on compassionate grounds. (iv) any other matter which the chief of the army staff may .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-09-1982
Reported in : 1983(1)BomCR516
..... as well as purchaser. there the question was whether the prosecutions launched by a purchaser prevention of food adulteration act is valid within the meaning of section 20 of the act and the gujarat high court relying on the provisions of section 20 of the act held that :-'even assuming that the person who launched the prosecution does not possess the qualifications as food ..... an authorised officer under the act. the food inspector whose appointment is made under section 8 (or rule 8) is only competent officer under the act to perform the duties prescribed by the act as provided in section 9 (or rule 9) of the act. rule 8 of the act itself begins with a mandatory direction that a person shall ..... of food adulteration rules, 1955 which reads as under :-'8. qualifications of prevention of food adulteration act :- a person shall not be qualified for appointment as food inspector, unless he - (i) is a medical officer in charge of the health administration of a local area, or (ii) is a graduate or a licentiate in medicine, and has received at least one month's ..... are satisfied. valid appointment as food inspector is not a prerequisite for valid institution of prosecution under section 20.' the above judgment of the gujarat high court proceeds on the basis that section 20 alone bars any prosecution under the prevention of food adulteration act. validity of the institution of the prosecution is quite different than the conducting of the investigation by .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-19-1982
Reported in : AIR1982SC806; 1982CriLJ620; 1982(1)SCALE29; (1982)1SCC545; 3SCR47; 1982(14)LC143(SC)
..... child for trial order him to be detained in a place of safety pending the disposal of the proceeding. what is a 'place of safety' is defined in section 2, sub-section (9) of the act to mean, 'any observation home or any orphanage, hospital, or any other (suitable place or institution, the occupier or manager of which is willing temporarily to receive a ..... prisoners who, according to the jail record, were above 16 but below 21 years of age and added that the possibility could not be ruled out that on proper scientific medical examination, three or four out of these 84 undertrial prisoners might be found to be below 16 years of age. the sessions judge picked out nine from amongst these undertrial ..... fetters ?3. whether any such person is being subjected to torture of the nature mentioned in the petition ?4. whether such inmates of the prison are being provided with proper medical facilities ?the sessions judge accordingly visited the kanpur central jail on 21st december, 1981 and submitted his report dated 22nd december, 1981 to the high court of allahabad. we do ..... prisoners and got them examined by the chief medical officer and enclosed the report of the chief medical officer as annexure to his report. the sessions judge also reported that there appeared to be general ignorance in the kanpur central jail about the provisions .....Tag this Judgment!
Court : Chennai
Decided on : Jan-07-1982
Reported in : AIR1983Mad324
..... dismembering from the joint business, it ceases to be an additional requirement, because the requirement is new. whether some other sub-section of section 10 of the act can be invoked or not, certainly sub-sec (3) (c) cannot be invoked. because, as noted already, it postulates only 'additional accommodation.' it is to get ..... worth the name has been let in to show that the premises in the occupation of the respondent herein are required as additional accommodation to set up medical practice. it is well settled in law that where, if carrying on profession as a doctor, the need of the profession required additional accommodation, then ..... co-owner seeking additional accommodation. after the death of raji bai her daughter became a co-owner and she wants the premises for her husband's medical practice. it is well-settled that one co-owner can ask on behalf of the other co-owners. the father being a co-owner can ..... ground-floor. the daughter and son-in-law of the first respondent have come down to madras and the son-in-law desires to set up medical practice and also open a clinic in the premises in occupation of the revision petitioner. besides the second and third respondents are now proposing to ..... will outweigh the advantage to the landlord."the need of the son-in-law is not contemplated under section 10(3)(c) of the act. it has been so laid down in m. ramalingam v. kothandaraman, (1980 ) 2 mad lj 283. therefore the learned advocate general is right in his submission in this regard as .....Tag this Judgment!