Court : Kerala
Decided on : Feb-28-1983
Reported in : AIR1983Ker200
..... it has powers to review the action of the syndicate and the academic council as provided under the act. it has also various other powers that are outlined in section 19 (2) of the act. under section 19 (2) (i) the senate has the power to cancel any degrees, diplomas, title or any other distinction granted to any person in accordance with the provisions of the ..... of the proviso. in fact, at the time the proviso was added, the syndicate had before it the wide-ranging accusations of malpractices involved by students seeking admission to the medical colleges. the syndicate should have bestowed more attention in wording the proviso. on a close reading of the proviso, we feel that the petitioners are justified in contending that ..... showed some copies of the official mark lists though the counsel for the petitioners had serious objections about their acceptability. the petitioners are alleged to have secured admission in the medical college on the strength of these fake mark-lists, by so doing, they have denied admission to students who had in fact secured more marks than they if the ..... by the police on complaints from the university, against some of the petitioners. investigation followed. some of the petitioners were arrested and released on bail. the principal of the medical college suspended the petitioners from the classes. the university authorities suspended their results and debarred them from appearing in future examinations. this affords the background for the genesis to the .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-12-1983
Reported in : AIR1983Cal275
..... (xi) of section 36 which are relevant for the present purpose are set out hereunder :--(iv) to fix the ..... within 'it amongst others; (1) the council for undergraduate studies in medicine, dental science etc., (2) the council for undergraduate studies in engineering and technology. the mode of constituting these councils have been specified in sub-section (2) of section 25. section 26 of the said act, specifies the powers and duties of the council for undergraduates studies. clauses (iv), (xvi) and ..... that the government of west bengal in bengali newspaper as well as in the english newspaper published a notification under the heading 'notification regarding admission to engineering. medical and technological degree colleges' to the effect that students securing 50% marks in the said examination would be listed in the merit list apart from candidates belonging to scheduled ..... open to the parliament to provide that in exceptional cases the executive power of the union shall extend to these matters also.''neither of these articles contains any definition as to what the executive function is and what activities would legitimately come within its scope. they are concerned primarily with the distribution of the executive power .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-11-1983
Reported in : AIR1984Cal330
..... while setting objective questions which contained multiple choices, the repondents were entitled to ask the candidates to give most appropriate answer. absence of the definite article 'the' did not really make any difference in the meaning. it was perfectly understandable that from among the alternative answers to each ..... candidates were expected to choose amongst the alternatives the answer which was appropriate to the greatest or highest degree.11. the petitioner in his several affidavits with reference to various medical text-books has claimed has his answers for which no credit marks were given to him in the ..... evaluated with the help of computer. the petitioner's name was not included in the list of candidates provisionally selected for admission to m. section (general surgery)' course. 1982.5. according to the respondents, out of 75 questions, the petitioner had given 39 correct answers. 33 incorrect ..... courses, the university cannot discriminate or treat the candidates unequally. the university or its council of post-graduate studies in medicine cannot also act unfairly, arbitrarily and capriciously in the matter of holding an admission test at the same time, it is necessary to remember that courts ..... directive of equal opportunity. the court decided to reconstruct for the year in question a practical admission formula by directing that the appellants 2 and 3 would be entitled to continue their course and the appellant no. 1 would move the respondents for permission to continue the .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Jan-21-1983
Reported in : (1983)4ITD409(Mum.)
..... the making of profit by a business--like activity in the publication and sale of books, magazines, tapes, etc., it was excluded by section 2(75) of the act, from being a trust for charitable purposes. the commissioner (appeals) also held, considering the several clauses of the trust deed, that ..... existence to translate the purpose as conceived in the mind of the founders into a living and active principle.in the light of the above definitions of 'institution', their lordships of the allahabad high court held in the case of radhaswami satsang sabha (supra), that the satsang sabha was ..... workshops, libraries, etc., examinations periodically or finally or at any rate some type of appraisal of the students' achievement ; awarding of diplomas or degrees or even certificates in recognition of the completion of the education or educational programme. according to the learned counsel, if these tests are applied ..... authorities from time to time. (r) to provide for the relief of poor people and people in distress or for national cause ; and to provide for medical relief. (s) to maintain, run or otherwise arrange for sadavrats, dharmashalas, rest houses, kala mandirs, ballmandirs, prayer halls, public gardens, pubic utilities, ..... tc 425, feeding of persons and travellers--ilr 21 mad. 10, preservation of places of historical interest or natural beauty--in re. vierall  1 ch. 10077. in all these instances, we find that the beneficiary of the charity receives something which he is in need of and .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jul-06-1983
..... u. s. 892 . if, as the court says, the court of appeals was "obligated to decide the merits of the appeal," ante at 463 u. s. 893 , it most definitely failed to discharge that obligation, for the court never ruled on petitioner's appeal. it is simply false to say that "the court of appeals ruled on the merits of ..... afforded an unlimited opportunity to make their contentions upon the underlying merits and oral argument. this opinion demonstrates the reasons for our decision." 697 f.2d at 596. in a section of its opinion entitled "merits of appeal: psychiatric testimony on dangerousness," the court of appeals then proceeded to address that issue and reject petitioner's contentions. the course pursued ..... " id. at 2072 (emphasis supplied), and that he could give " an expert medical opinion that would be within reasonable psychiatric certainty as to whether or not that individual would be dangerous to the degree that there would be a probability that that person would commit criminal acts of violence in the future that would constitute a continuing threat to society," id. at ..... criminology at 230, and the stark fact is that no such expertise exists. moreover, psychiatrists, it is said, sometimes attempt to perpetuate this illusion of expertise, cocozza & steadman, supra, n. 2, 25 soc.probs. at 274, and doctors grigson and holbrook -- who purported to be able to predict future dangerousness "within reasonable psychiatric certainty," or absolutely -- present extremely disturbing examples page .....Tag this Judgment!
Court : Delhi
Decided on : Mar-31-1983
Reported in : 1983(2)Crimes70; 24(1983)DLT20
..... history, was one mentioned already. but it also appears from the statement of dr. p. c. rai on cross-examination that it could not. be said will definiteness if the patient was able to speak or not or give. replies or not during the time 5.30 p.m. to 6 p.m. dr. p. ..... being stated. the case against ashok kumar was pending in the court of sessions at gurgaon. on behalf of the appellant, an application under section 17 of haryana children act of 1973 was made before the chief judicial a magistrate who happened to be the children court and it was prayed that as the appellant was ..... disbelieve dr. r. l. verma. although he is not working as a doctor in the alt india institute of medical sciences and held the post as scholar, yet the fact remains that he holds a degree bachelor of indian medicine and surgery. he is having a respectable position. it is not expected that he will go ..... . in b. k. hospital, faridabad at about 8.15 p.m. on october 13, 1975 itself, suresh was medically examined and treated by dr.-r. k. sharma (public witness 2) who was then working as casualty medical officer. dr. sharma found the following injuries on his person : 1. stab wound on the abdomen, size 1.25x0 ..... of smt. chand rani (public witness 31). smt. shakuntala dave (public witness 30) as she states, was living as a tenant in. house no. f5/2, krishan nagar, delhi and that she had resided, in that very house for several years. after telling that parents and family members of kusum including ashok were unhappy .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Nov-02-1983
Reported in : (1984)(15)ELT251TriDel
1. these proceedings, since transferred to the tribunal pursuant to the provisions of section 35p(2) of the central excises and salt act, 1944 (hereinafter referred to us the act), arose as a result of rejection of claims for refund of duty paid, that had been filed by m/s. smith and nephew (india) limited. the two refund claims, filed ..... 's pharmacology in medicine, 3rd edition; p. 797; and the pharmacological basic of therapeutics by goodman and gillman; 4th edition, p. 1050. they thus emphatically asserted that zinc oxide had definite therapeutic value, and that the zinc oxide adhesive plasters or bandages could not fall within general heading of 'adhesive tapes' which term, according to them, applied to adhesive tapes meant ..... for industrial or other non-medical use. they thus contended that the true nature and character at various stages of manufacture, distribution or sale of their products made them quite distinct from the ordinary adhesive tapes ..... to support his contention that these products known as zinc oxide adhesive plaster or bandages were made to specifications as laid down by these authorities and were subjected to highest degree of quality control, and were marketed with clear indication that they conformed to these standards, laid by the b.p.c. reading from the relevant portions thereof, he stated that .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-20-1983
Reported in : AIR1984SC110a; 1983(2)SCALE495; (1984)2SCC556; 1SCR414
..... ) of section 35 of the act. the test of what constitutes 'grossly improper conduct in the discharge of professional duties' has been laid down in many cases. in the case of in re a solicitor ex pane the law society,  1 kb 302. darling, j. adopted the definition pf 'infamous conduct in a professional respect' on the part of a medical man in ..... informed that disciplinary proceedings have since been initiated against the complainants and therefore we refrain from expressing any opinion on the impropriety of their conduct.19. the preamble to chapter ii part vi of the rules lays down that an advocate shall at all times comport himself in a manner befitting his status as an officer of the court privileged member ..... all suspicion'.10. nothing should be done by any member of the legal fraternity which might tend to lessen in any degree the confidence of the public in the fidelity, honesty and integrity of the profession. for an advocate to act towards his client otherwise than with utmost good faith is unprofessional. it is against professional etiquettee for a lawyer to give ..... of the act this court would not, as a general rule, interfere with the concurrent finding of fact. by the disciplinary committee of the bar council of india and the state bar council unless the finding is based on no evidence or it proceeds on mere conjectures and surmises. finding in such disciplinary proceedings must be sustained by a higher degree of .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-11-1983
Reported in : (1983)85BOMLR591; [1984(48)FLR331]; (1984)IILLJ90Bom
..... temporary total disablement, and (iv) temporary partial disablement. the expressions 'partial disablement' and 'total disablement' have been defined in s. 2(1)(g) and s. 2(1)(1) respectively as follows :'2. in this act, unless there is anything repugnant in the subject or definitions context -(g) 'partial disablement' means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity ..... head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries;'sub-section (2) of s. 4 then refers to occupational diseases peculiar to certain employments and declares that the contracting of a disease described in schedule iii of the ..... i, the percentage loss of earning capacity has not been indicated against the disease in schedule iii. but even in such cases, the question still remains, as to whether the medical opinion with regard to the assessment of the disablement in terms of the loss of earning capacity should be binding on the commissioner. the only difference, in this respect, between ..... would be expected in a healthy person of the same age and sex. for such assessment recognised cardio-respiratory function tests shall be used to assess the degree of cardio-respiratory functions impairment.(2) it shall be determined whether the disablement is temporary or permanent and also the percentage loss of functions as it pertains to the loss of working capacity .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-11-1983
Reported in : II(1984)ACC325; 1984MhLJ38
..... iii) temporary total disablement, and (iv) temporary partial disablement. the expressions 'partial disablement' and 'total disablement' have been defined in section 2(1)(g) and 2(1)(e) respectively as follows:2. in this act, unless there is anything repugnant in the subject or definitions context,.(g) 'partial disablement' means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of ..... for claiming compensation, and for that purpose has given wide powers to the commissioner who is entrusted with the adjudication of the claim. sub-section (5) of section 3 read with sub-section (2) of section 19 of the act then makes it clear that if a workman institutes a suit for damages in a civil court, he will not be entitled to claim ..... the percentage loss of earning capacity has not been indicated against the diseases in schedule iii. but even in such cases, the question still remains, as to whether the medical opinion with regard to the assessment of the disablement in terms of the loss of earning capacity should be binding on the commissioner. the only difference, in this respect, between ..... would be expected in a healthy person of the same age any sex. for such assessment recognised cardio-respiratory function tests shall be used to assess the degree of cardio-respiratory function impairment.(2) it shall be determined whether the disablement is temporary or permanent and also the percentage loss of functions as it pertains to the loss of working .....Tag this Judgment!