Court : Mumbai
Decided on : Feb-10-1983
Reported in : 1983CriLJ1654
..... further, since the conclusion about the vulnerability of the impugned order is manifest. on the same clarity of reasoning provisions of section 161 of the bombay police act would not be applicable to the facts of the instant case and as such no question of limitation would arise.14. ..... section 270 of the government of india act and the test laid down is that a public servant can only be said to act or to purport to act in the discharge of his official duty if his act is such as to lie within the scope of his official duty. by way of illustration it was indicated that a government medical ..... was placed, though slightly in the different context by this court, while interpreting the provisions of section 197 of the code in gorakh mahale v. state of maharashtra 1965 man lj 94 : 1965 (2) cri lj 193, when it was observed that the terminology implied therein as 'under colour of ..... office' would have the similar consideration for its construction as is required to be done in the one used in section 197 of the code of criminal procedure ..... act. when they were produced before the 30th court kurla for remand, two of them ventilated a grievance that they have been ill-treated by shri pawar, deputy commissioner of police zone-v, whose office is located in the precincts of matunga police station. the court remanded them to judicial custody with a direction that they be medically examined.2 .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-06-1983
Reported in : (1983)2GLR1414
..... if he so wishes during his rotating regular housemanship in the first year.'(b)...the indian medical council have framed regulations under section 33 of the indian medical councils act, 1956, which are in nature of recommendations. the pamphlet titled 'recommendations on post-graduate medical education' published by medical council of india in 1980 and as revised upto 1978 set out the various recommendations made ..... extenso so that we may be able to appreciate the rival contentions urged on behalf of the parties before us. similarly, ordinance m.s.-i and m.s.-2 provide for the different subjects in which the degree in m, s, is conferred by the gujarat university and what is the eligibility criteria for admission to post-graduate course leading to ..... gujarat university on courses of studies prescribed, inter alia, for m. d. and m.s.o.m.d. 1 and o.m.d. 2 are relevant provisions. they provide as under : 'o.m.d. 1:(a) the degree of doctor of medicine shall be conferred by examination with dissertation in the following branches:i. medicine and tharapeuticsii. pathology and bacteriologyiii. obstetrics, ..... following branches of specialty;i. neurosurgeryii. cardiothoracic surgeryiii. geni to urinary surgeryiv. plastic surgery.o. m.s.-2:(a) every candidate for the degree of master of surgery in the branches referred to in clause 'a' of ordinance 286 must have taken the degree of bachelor of medicine and bachelor of surgery of this university or any university recognised by this university .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-30-1983
Reported in : AIR1983Bom459; 1983(85)ARBLR437(Bom); 1983MhLJ771
..... have no reason to doubt the correctness of this endorsement. the indian medical council act specifically deals with standards of post-graduate medical education in s. 20 and provides for constitution of a post-graduate medical education committee to make the necessary recommendations. sub-section (5) of section 20 provides as follows :--'the views and recommendations of the post-graduate ..... of by the full bench.6. it is necessary, at the outset, to refer to the relevant rules dealing with the admission to port-graduate degree and diploma courses at municipal medical colleges affiliated to the university of bombay , which have been made by the municipal corporation of greater bombay . rule 3 prescribes eligibility for admission ..... 3) should possess post-graduate degree in the respective branch from the university of bombay or from any other university recognised equivalent thereto for admission ..... port-graduate degree and diploma. under this rule every candidate applying for admission to the post-graduate diploma or degree course-----(1) should possess the mbbs degree of the university of bombay or any other university recognised as equivalent thereto by the university of bombay and the medical council of india. (2) should have registered with the maharashtra medical council, ( .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-07-1983
Reported in : AIR1984SC186; 1983(2)SCALE877; (1984)1SCC307; 1SCR302; 1984(16)LC68(SC)
..... the rules are not germane for the purpose of deciding these cases. as these rules were adopted by the medical council of india they became rules made under section 33 of the indian medical council act of 1956 passed by the government of india and, therefore, had doubtless a statutory effect.16. the candidates ..... in the high court. the relevant portions of the rules may be extracted thus :(1) for m.d./m.s. degree in clinical subjects, there shall -be proper training in basic medical sciences related to the disciplines concerned as well as paper in these subjects at the examination. in the case of m. ..... sufficient. 13. the above rule clearly provides that the candidates must have done one year's houseman ship prior to admission to the post-graduate degree or diploma course preferably in the same subject, which has been technically called as 'discipline', or atleast six months in the same department and ..... d. & m.s. in basic medical sciences there should be training in applied aspects of the subject and a paper on the subject.(2) thesis should be. a part of the examination in the degree courses as this gives training in research methodology.(3) the student teacher ..... followed with regard to the admission of candidate in the post graduate course (degree and diploma) in the state medical colleges and the king georges medical colleges, lucknow.(1) admission shall be made only on the basis of merit.(2) the basis of determining the merit shall be percentage of marks worked out .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-17-1983
Reported in : AIR1984Cal52,87CWN1050
..... 52 (a) of the act runs as follows : '52. subject to the provisions ..... to medical degree colleges and medical and technological degree colleges. by this order, the constitution of the board was also amended because of the inclusion of the medical degree colleges and technological degree colleges. 21. the contention of the writ petitioners is that the impugned government order dated april 7, 1981 constituting the board is ultra vires section 52 (a) of the calcutta university act, 1979 and article 154(2 ..... ) of the constitution, section .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-01-1983
Reported in : AIR1984P& H434
..... the supreme court. no doubt in kumari chitra ghosh v. union of india, air 1970 sc 35, where 40% of the seats reserved for weaker sections under art. 15 of the constitution and further 23 seats out of 120 seats, i.e., 18% reserved for various categories of applicants were held ..... dealing with the vires of a rule reserving 70% of the seats for delhi graduates in the post-graduate degree in dermatology awarded by the university of delhi examined the question, 'can a university acting within the constitutional parameters create a new kind of discrimination, viz., reservation for students of a particular university?' ..... the total reservation amounted to 63% yet it deserves to be noted that in this case it was found that the central government had been acting in a very reasonable way and was making nominations only to nine seats out of twenty-three reserved seats and the rest were thrown open ..... in that case vires of rule 2 dealing with admissions to post-graduate courses in medical colleges of andhra pradesh were under challenge. clause (a) of sub-rule (1) of this r. 2 provided that 14%, 4% and 25% of total number of seats available both in degree and diploma courses were to be reserved ..... granting admission to them to the master of lihrary science course commenced with effect from l6th aug. 1983. the facts pleaded by them are as follows.2. they passed the bachelor of library science course from this university, i.e., punjab university, chandigarh, respectively securing 66.87%, 66.70% and 63 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-19-1983
Reported in : AIR1983SC610; 1983(1)Crimes1165(SC); 1983(1)SCALE399; (1983)3SCC429; 2SCR791
..... of his official duty, which is entitled to the protection of section 197(1), an act constituting an offence, directly and reasonably connected with his official duty will require sanction for prosecution under the said provision.18. we are of the definite view that the rule quoted above from amrik singh's case ..... connected with his status of being a public servant and must, therefore, be taken to be covered by the two phrases occurring in sub-section (1) of section 197 of the code.5. we are of the view that the submission advanced on behalf of the appellant is totally without any basis ..... the time of commission of the alleged offence employed, in connection with the affairs of the union, of the central government 4. undoubtedly, the section is designed to facilitate an effective and unhampered performance of official duty by public servants by making provision for scrutiny into allegations against them by superior ..... within the scope of his official duty. thus, a judge neither acts nor purports to act as a judge in receiving a bribe, though the judgment which he delivers may be such an act; nor does a government medical officer act or purport to act as a 'public servant in picking the pocket of a patient whom ..... , crpc ('code' for short) is necessary for the prosecution of the appellant for an offence of cheating punishable under section 420 of the indian penal code.2. appellant was regional officer of the directorate of field publicity of the government of india in 1972. he travelled by .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-27-1983
Reported in : (1983)2GLR1260
..... in each appeal (hereinafter referred to as 'respondent') is an insured person as defined in section 2(14) of the employees state insurance act, 1948 (hereinafter referred to as the 'act'). the respondent suffered from disablement as a result of employment injury sustained as an employee under the act. it is not in dispute that the respondent suffered from permanent disability as a result ..... the employment injury and was entitled to periodical payments for such disablement in view of the decision given by the medical board to whom reference was made by the corporation as provided in section 54-a of the act. the decision of the medical board was communicated to the respondent in from b. i. 3 specified by the director general under regulation 73 ..... waiting for the decision of the appellate authority even if the insured person who is dissatisfied with the decision of the medical board, wants to challenge the decision of the medical board, by way of appeal as provided in section 54-a(2). this position is clear from the language of regulation 76-a also. in other words, the claim for periodical payments ..... for commutation of the periodical payments of permanent disablement benefit into a lump sum.regulation 73 before its amendment in december 1977, read as follows:73. report of medical board. the medical board shall after examining the disabled person, submit its report to the appropriate regional office making recommendations as to:(i) whether the disablement should continue to be treated .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jun-02-1983
Reported in : AIR1983SC911; 1983(31)BLJR450; 1983(1)SCALE644; (1983)4SCC10; 3SCR312
..... an accomplice by other independent evidence. this rule of practice is based on human experience and is incorporated in illustration (b) to section 114 of the indian evidence act which says that an accomplice is unworthy of credit unless he is corroborated in material particulars. even though a victim of rape cannot ..... had been withheld.9. a reading of the deposition of the complainant shows that it has a ring of truth around it. section 133 of the indian evidence act says that an accomplice shall be a competent witness against an accused person and a conviction is not illegal merely becauseit proceeds upon ..... given by the complainant and her husband is stated to be fatal to the prosecution. it is further stated that in the absence of a medical examination report given by a doctor after examining the person of the complainant immediately after the occurrence it was not possible to conclude whether the ..... by the indian courts that the rule of corroboration in such cases ought to be as enunciated by lord reading c.j. in king v. baskerville.  2 k.b, 658. where the case is tried with the aid of a jury as in england it is necessary that a judge should draw the attention ..... evidence of sheikh lafid (p.w. 1) and juman nadaf (p.w. 2) about what they saw, the statement made by the complainant to her husband immediately after the incident is admissible under section 157 of the indian evidence act and has a corroborative value. after considering carefully the entire material before us including .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-15-1983
Reported in : AIR1983Bom409; (1983)85BOMLR102; 2(1983)DMC227; 1983MhLJ821
..... decree for divorce, the grounds of cruelty and desertion were asserted. in the proceedings, the present appellant-wife admittedly filed an application under section 24 of the hindu marriage act (hereinafter called 'the act') as per ex. 11 praying for interim maintenance at rs. 350/- per month and a sum of rs. 1,000/- for ..... a given case deserve acceptance, the factum of the mental disorder of the given person cannot be found out. the material like the one having reference to medical treatment, evidence of the other persons who had ordinarily occasions to be in the company of such person, which should be available, should ordinarily be insisted ..... sub-rule (1) of rule 5 of order 8 or lawful authority to render a judgment in want of pleadings as are provided by sub-rule (2) of rule 5 of order 8, but as a matter of necessity such recourse should be justified. looking to the consequences that attach to the dissolution ..... considering the application filed by the wife for costs of the proceedings is by itself a good reason to hold that the provisions of sub-rule (2) of rule 5 of order 8 of the civil procedure code could not be made applicable to the facts of the present case apart from the allegation that ..... the course of the hearing of the appeal on behalf of the wife written statement was sought to be tendered, but the same was not accepted.2. in the entire proceedings excepting para 5 of the trial court's judgment it does not appear that there was any consideration bestowed upon the .....Tag this Judgment!