Court : Allahabad
Decided on : Nov-29-1984
Reported in : AIR1985All188
..... one year of compulsory rotating internship required for purposes of obtaining the m.b.b.s. degree and full registration.' 9. since these recommendations have been approved as regulations under section 33 of the medical council act normally all the admissions in the post-graduate medical education in the country must be governed by these recommendations unless their applicability is specifically excluded by ..... worked as a full-time postgraduate student in a manner equivalent to housemanship requirements, in the department concerned before taking up the post-graduate courses. (ii) or worked in stale medical services, armed forces medical services or other equivalent services of public undertakings, local bodies, etc. for a period of three years after full registration provided that one year of ..... post-graduate admission. in the terms and conditions for, post-graduate admission issued by the principal of the college, a copy of which has been filed as s.a.2 to the supplementary affidavit dated 30-10-1984 of dr. kashyap a candidate must have completed one year's housemanship on 20th mar., 1984. the learned counsel for dr. ..... rehabilitation and 18 days -- leprosy. dr. r. k. gaur has done six months' housemanship in orthopaedics and 6 months in leprosy while dr. narendra kumar has done 11 1/2 months' housemanship in orthopaedics and 15 days in surgery. orthopaedic is allied department of surgery while leprosy, paediatric and rehabilitation are allied departments of medicine and as such dr. b .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-15-1984
Reported in : ILR1985KAR1202; 1985(2)KarLJ1
..... already affiliated to the university is concerned also there is no question of its seeking affiliation. therefore the definition of the word 'college' given in section 2(2) of the act has no application to the word 'college' used in sub-section (2)(ii) sub-section (2) of section 53 of the act requires that the applicant seeking affiliation has to satisfy the syndicate and the academic council the conditions specified in ..... district of bijapur. the petitioner-society had established 16 colleges, out of them 10 were degree colleges including an engineering college and 6 junior colleges on 26-1-1979 the petitioner made an application to the karnataka university under section 53 of the act seeking affiliation to start a medical college at bijapur vide annexure a. by communication dated 27th january 1980 (annexure-b ..... courses leading to a degree or diploma or any academic distinction of auniversity at such college.18. learned counsel for rcspondent-2 submitted that as the 2nd respondent is a body constituted by a religious minority, they have fundamental right to establish and administer the educational institution and, therefore, it can-not be prevented from starting a new medical college, it is true .....Tag this Judgment!
Court : Kerala
Decided on : Jan-18-1984
Reported in : AIR1984Ker101
..... if the admissions are to be on merit such merit cannot be determined merely on the basis of marks obtained from different universities in the medical degree examinations. therefore failure to select by an entrance test would seriously jeopardise those who would otherwise, be entitled to come in on the basis ..... first statutes of 1972 were issued was repealed by the kerala university act 17 of 1974. as per section 19 of the act the senate shall be the supreme authority of the university and shall have power to determine what degrees, diplomas and other academic distinctions shall be granted by the university. it ..... 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) thestandardization of the syllabi uniformly for the two universities and the elimination of different yardsticks in regard to the setting of question papers, ..... universities and also noticing the large scale malpractices adopted by candidates for obtaining high marks in the qualifying examination held that admission to the medical colleges should based on the results of a common entrance examination. the division bench directed the government to prepare a scheme for a common ..... less than 12 months of which six months at least have been spent in the medical ward or has been in the active practice of the profession for a period of not less than three years; (ii) (a) to have worked as a post-graduate student for two years in a .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-20-1984
Reported in : ILR1984KAR1320; 1985(1)KarLJ12; (1985)IILLJ41Kant
..... to be terminated with effect from 3rd june, 1981. aggrieved by the said order, the petitioner has presented this petition. (ii) in wp 5974/84 : the petitioner holds mbbs and frcs degrees. he had experience of 10 years in medical profession in the united kingdom. he was appointed as a full time assistant professor on the establishment of the college on ..... university, the age of superannuation of teachers in constituent college was 60 years as was the condition of service of teachers of the colleges of the university. section 48 of the bangalore university act, 1964, required that every appointment of a teacher of the university be made on contract basis. it is in view of this provision both the university ..... appointments, appointments on probation, appointments on temporary basis or appointment as a casual employee. the criteria government decision on such tenures are so well settled. in fact the definition of these appointments prescribed in the service regulations of the college are very accurate. even without such elucidation made in the service regulation of the college, the meaning of ..... secured by a private institution under such law constitutes the life breath of the institution. without affiliation, institution has no real existence, for, no student desirous of securing university degree would join the institution. therefore, the function of an educational institution which secured recognition or affiliation under public law, is quasi public in nature and is not just like .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-28-1984
Reported in : (1985)IILLJ24Bom; 1985MhLJ1
..... asking him to send a list of advocates who come within the purview of the act.3a. according to shri. a. s. bobde, the learned counsel for the petitioners, the amendment of the definition of 'commercial establishment' as contained under section 2(4) of the shops act by the amending act lxiv of 1977, enlarging the meaning of 'commercial establishment' so as to include establishment ..... of 1977, the question, which arose, was whether professional activity of a legal practitioner or medical practitioner could be included in the definition of commercial establishment under s. 2(4) of the unamended act. the preamble to the act states that is an act, 'to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments, ..... classes arbitrarily.6. the law can make and set apart the classes according to the needs and exigencies of the society and as suggested by experience. it can recognise even degree of evil, but the classification should never be arbitrary artificial or evasive.7. the classification must not be arbitrary but must be rational, that is to say, it must ..... therefore, be overruled. we must hasten, however, to repeat that a small category, perhaps large in numbers in the muffasil, may not squarely fall within the definition of industry. a single lawyer, a rural medical practitioner or urban doctor with a little assistant and/or menial servant may ply a profession but may not be said to run an industry. that is .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-28-1984
Reported in : AIR1984MP98
..... of students to colleges,teaching departments. schools of studies and laboratories and lew of fees and their enrolment. the executive council of a university has been empowered under section 38 of the act to make ordinances. ordinance no. 7 of the jabalpur university fat present rani durgawati university) provides for admission of students to a college. university teaching department or ..... centre of studies and halls, to institute professorship, to recognise teachers as qualified to give instructions in colleges, to lay down courses of instructions for various examinations and to institute degrees, diplomas, certificates and other academic distinction.7. a single bench of the calcutta high court in jitendra nath v. w. b. board of examination. air 1983 cal 275 ..... are conducted by senior and experienced professors. in the year in question, the mandal consisted of the directors of public health. medicine. technical education and agriculture and deans of medical colleges and other colleges. it is expected that the valuation of the papers of the candidates are done carefully and correctly and chance of wrong valuation is practically remote. ..... 7th schedule to the constitution by itself does not have any bearing on the question of selection of candidates to the medical colleges from amongst candidates who are eligible for such admission. on the other hand. entry 25 in list ii (concurrent list) of the same schedule is wide enough to include within its ambit the question of selection of .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-19-1984
Reported in : AIR1985P& H169
..... cannot be classified as non-residential building because this was not a business as such but was profession. the main consideration in that case was that the definition of the scheduled building in s. 2(h) provides that it means a residential building which is being used by a person engaged in one or more professions specified in the scheduled to this ..... the rented land running the business of the fuel wood. the landlord is a medical practitioner registered under the punjab medical registration act. he purchased that rented land for his own use and business. after obtaining his m. b. b. s. degree in the year 1972, he started practice as a medical practitioner in the year 1975. he had to start the practice in a ..... with the same, the tenant has filed this petition in this court.3. the sole argument raised on behalf of the tenant-petitioner is that since the landlord is a medical practitioner and has sought the ejectment of his tenant from the rented land for constructing the nursing home, no ejectment order could be passed because the rented land could be ..... with a profit notice. the word includes within its cope a charitable business or a dealing in the interest of the public or a section of the public. thus, in view of these authorities the expression 'business or trade' used in s. 13(3)(ii)(b) cannot be given the same meaning as to the expression 'business or trade' given in s .....Tag this Judgment!
Court : Delhi
Decided on : May-14-1984
Reported in : ILR1984Delhi189; 149ITR457(Delhi)
..... years 1969-70 and 1970-71 : 'whether, on the facts and in the circumstances and on a true interpretation of section 40(a)(v) of the income-tax act, 1961, reimbursement of the medical expenses to the managing director has been correctly restricted by the tribunal to rs. 12,000 for each of the assessment ..... payments. any cash payment could well be part of the salary as given in s. 17 of the act. it cannot certainly be a 'benefit or amenity or perquisite whether convertible into money or not'. definition of salary given in s. 40(a)(v) is restricted in its applicability only to this clause for ..... this clause (a)(v) of s. 40 was omitted by the finance (no. 2) act, 1971, with effect from april 1, 1972, and its provisions were re-enacted with modifications in s. 40a(5), which section was inserted by the same act with effect from the same date. the relevant provisions of these clauses which place a ..... where the assessed - (i) incurs any expenditure which results directly or indirectly in the payment of any salary to an employee or a former employee, or (ii) incurs any expenditure which results directly or indirectly in the provisions of any perquisite (whether convertible into money or not) to an employee or incurs directly or ..... with s. 40(a)(v) of the act as it stood during the assessment year 1971-72. the court referred to the definition of salary as given in clause (h) of rule (2) of part a of the iv schedule to the act which was referred to in explanationn 2 to s. 40(a)(v). under this, .....Tag this Judgment!
Court : Guwahati
Decided on : Jun-27-1984
..... these principles their lordships held that it was fairly clear that the assault and use of criminal force etc. alleged against the accused were definitely related to the performance of their official duties. there is a plethora of decisions of supreme court even after matajog 1956 cri lj 140 outlining ..... have something to do, or must be related in some manner, with the discharge of official duty. no question of sanction can arise under section 197 unless the act complained of is an offence; the only point to determine is whether it was committed in the discharge of official duty. there must be ..... the following observations of sulaiman j. in hari ram air 1939 fc 43 (at p. 51) : 40 cri lj 468.the section cannot be confined to only such acts as are done by public servant directly in pursuance of his public office, though in excess of the duty or under a mistaken belief ..... servant. there may be a case where a medical practitioner picks the pocket of his patient. he cannot be granted protection under section 197 as the act of pick-pocketing cannot be an act in the discharge of official duty. the true meaning of the expression 'purporting to act in discharge of official duty' has been ..... when all functions of the state shall be at a standstill by interested persons desiring to stall the activities of the state performed through the public servants.2. in the instant case the petitioner filed an application asking for lease of certain railway land and allegedly paid rs. 410/- to the railways for .....Tag this Judgment!
Court : Delhi
Decided on : Apr-06-1984
Reported in : 1984(3)Crimes357; ILR1984Delhi437
..... runs : '6.(1) no court shall take cognizance of an offence punishable under section 161 or section 164 or section 165 of the indian penal code or under sub-section (2) or sub-section (3a) of section 5 of this act, alleged to have been committed by a public servant, except with the previous sanction, (a), ..... servants irrespective of their grade or rank which goes, part passu, with the importance of the duties they have to perform. 'the definition of 'public servant' given in section 21 of the indian penal code, particularly cause twelfth, is very comprehensive. it includes, besides government servants proper, 'every person in ..... and is, thereforee, considered rampant at almost all levels. there must be exceptions but that is more an expression of a hope rather than a definite statement of fact. corruption. whether in one form of misuse of power or the other may have been 'institutionalized' but, could not be said ..... 'whom he is examining, though the examination itself may be such an act. the test may well be whether the public servant ..... 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 .....Tag this Judgment!