Court : Rajasthan
Decided on : Sep-05-1985
Reported in : 1985WLN(UC)215
..... afraid this contention of the learned counsel is not sustainable. section 11 of the act clearly deals with the recognition of the degrees. section 11 is reproduced as under:recognition of medical qualifications granted by universities or medical institutions in india.--(1) the medical qualifications granted by any university or medical institution in india which are included in the first schedule ..... shall be recognized medical qualifications for the purposes of this act.(2) any university or medical institution in india which grants a medical qualification ..... necessary amendments in the schedule by the government of india. thus section 11 of the act lays down that the degrees recognized by the medical council of india will alone be placed in the schedule appended to this act. it cannot be said that the placing of degrees in the schedule is only a mechanical process. the learned counsel ..... counsel for the petitioner has submitted that exbt. 2 is a recognition granted by the government of india. secondly he has submitted that section 21 of the indian medical council act, 1956 (here in after referred to as the act) is only for a limited purpose for putting the degrees in the schedule and he has submitted that recognition .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-14-1985
Reported in : AIR1986Bom230
..... ' of the patrice lumumba people's friendship university held by the petitioner is a degree included in part ii of sch. 3, medical council act, at sr. no. 'c', and in view of the provisions of s. 13(3), medical council act, he is entitled to be enrolled on any state medical register, without one year's practical training in india for, he had undergone one ..... . the petitioner's claim has to be decided in this background.4. section 13 of the act envisages recognition of medical qualifications granted by certain medical institutions whose qualifications are not included in the first and second schedules. in sch. 1 to the act are included the medical qualifications granted by universities or medical institutions in india which shall be recognized for the purposes of the ..... mentioned in the schedules are entitled to be enrolled on any state medical register. section 15, which is relevant in this behalf, reads as follows :-'section 15(1), - subject to the other provisions contained in this act, the medical qualifications included in the schedules shall be sufficient qualification for enrollment on any state medical register. (2) & (3) x x x x x x x x x ..... . 17 to issue directions from time subject to such directions as may be given by the central government under sub-sec.(1) of s. 7, reserve bank of india act, 1934. there is no such omnibus power vested in the medical council of india as is vested in the reserve bank of india so as to issue any administrative instructions affecting the .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-19-1985
Reported in : AIR1985Kant223
..... , but more than 39.5% marks in the general degree course.5. i shall now proceed to consider the rival contentions. advocates act enacted by the parliament falls under entry 26 of list iii of the seventh schedule to the constitution which reads: 'legal, medical and other professions.' the relevant portions of ss. 49 ..... bangalore university for the first year of the law degree course during this academic year. by communication dated 14-2-1985, he was informed that his admission has not been approved as he had secured less than 40% marks.(iii) re. w ..... the admission of the petitioner on the ground that he had secured less than 40% marks in the qualifying examination.(ii) re.w. p. no. 5100/1985 : the petitioner has completed his b. a. degree of bangalore university securing 39.75% marks, he got himself admitted to vidyodaya law college, tumkur, affiliated to the ..... short) is unenforceable if it is higher than the minimum conditions of eligibility for admission to the law degree course prescribed by the bar council of india under s. 49 of the advocates act?'2. the facts of the -case of each of the petitions in brief are as follows: (i) re. w. p. ..... may be admitted to the three year law course and the students who have obtained more than 44.5% marks in their 10+2 examination may be admitted to the five year law course.'in view of the above resolution, the petitioners contend that they were eligible for admission to .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-20-1985
..... [ footnote 17 ] u.s. dept. of health, education & welfare, handbook of public assistance administration, supplement d -- medical assistance programs under title xix of the social security act, 11 d-4620.2 (1966). regulations fashioned shortly thereafter restated the essence of this definition: covered "'[i]npatient hospital services' are those items and services ordinarily furnished by the hospital for the care and ..... ), as further amended by the medicare and medicaid budget reconciliation amendments of 1984, pub.l. 98-369, 2335(f), 98 stat. 1091. [ footnote 13 ] the definitions of these three categories of service read as follows: "the term 'medical assistance' means payment of part or all of the cost of the following care and services . . . for individuals[:] . . ." " * * * *" "(1) ..... ] sentence. . . . with respect to services furnished to individuals under age 65, the term 'intermediate care facility' shall not include, except as provided in subsection (d) of this section, any public institution or distinct part thereof for mental diseases or mental defects." [ footnote 15 ] it is a familiar principle of statutory construction that courts should give effect, if possible ..... of the act, as set forth in 42 u.s.c. 1396d(c), provides in part: "for purposes of this subchapter the term 'intermediate care facility' means an institution which (1) is licensed under state law to provide, on a regular basis, health-related care and services to individuals who do not require the degree of care .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-17-1985
Reported in : 1986(1)BomCR613
..... punishable with simple imprisonment of term which may extent to two years or with fine, or with both. the period of limitation for offence under section 500 ipc by virtue of clause (c) of sub-section (2) of section 468 cri.p.c. would, therefore, be three years from the date of the offence. the letter in question is dated 20th may, 1978, while ..... .w. department; and were made maliciously by the first petitioner who had adopted vindictive attitude towards the second respondent, and hence these observations were completely outside the scope of acts contemplated by section 197(1) cri.p.c. no sanction was, therefore, required for prosecuting the petitioners. it was also contended that the action of blacklisting the second respondent was taken without ..... have been committed must 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 a reasonable connection between the ..... purporting to act in the discharge of his official duty. according to the learned judge, two points were involved in the case, viz. first of all whether the customs inspector did assault shankuntalabai, as alleged by her, which was prepared to prove by means of medical certificate, and secondly, whether the accused assaulted her for one of the purposes which would have .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Decided on : Jul-23-1985
Reported in : (1986)(6)LC644Tri(Chennai)
..... arguendo that the seized account books were retained for a period exceeding six months without the approval of the administrator as specified in section 66(3) of the act, the entries in the account books would not ipso facto become inadmissible. this position is no longer res integra and is concluded ..... by the entries in the account books would incontrovertibly justify the imposition of a penalty for more than rs. 3 lakhs in terms of section 74 of the act. this is purely a question of factual appreciation and assessment of the magnitude of clandestine transactions indulged in by the applicant. no question ..... the case. we therefore answer this issue also against the applicant.4. the next question canvassed by the applicant that no penalty under section 74 of the act can be imposed without determining the value of the gold is benefit of substance. the account books seized from the applicant's premises ..... when the retention of the same was without the authority of law in terms of sections 66(2) & (3) of the act. (6) whether the applicant can be found guilty of contravention of section 27(1) of the act on the basis of entries in accounts without the authorities proving any transaction in gold ..... contained certain entries evidencing transactions in gold are admitted by the applicant who would put forth a plea that he was practising "account writing" on medical advice. as stated earlier, it is for the applicant to prove his assertion. we therefore hold that the ruling referred to above and relied .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-26-1985
Reported in : (1986)2GLR910
..... use...19. whether the institute is in the nature of a public utility service or not can be appreciated if we look to the definition of the term 'public utility service' in section 2(n) of the industrial disputes act where it has been defined to mean, inter alia, any industry specified in the first schedule. item 9 of the first schedule describes ..... in that case that the said group of hospitals served as a clinical training group for students of the grant medical college which is a government medical college and run and managed by the government for imparting medical science leading to degrees of bachelor of medicine and bachelor of surgery of the bombay university as well as various post-graduate qualifications of ..... the said university and the college of physicians and surgeons of bombay. on these facts, the court held that it was an industry. in other words, an institute having a substantial role in medical and ..... diagnosis for each child. day care is offered to adults in a crisis situation...pre vocational training as a part of totally educational approach. the trust also conducted diploma and degree courses such as professional training in advanced psychiatry, social work, psychiatric occupational therapy and basic training in special therapy etc. in service facilities are offered for teachers, social workers, .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-29-1985
Reported in : AIR1988Kant293; ILR1987KAR3615
..... be exercised only by a university established or incorporated by or under a central act, a provincial act or a state act .or an institution deemed to be a university under s. 3 or an institution specially empowered by an act of parliament to confer or grant degrees.'sub-sec. (2) thereof further provided that ,.'save as provided in sub-s. (1), no person or authority shall ..... confer, or grant, or hold himself or itself as entitle to confer or grant any degree.'section 23 further prohibited the use of the word 'university' by an ..... could be granted by the university. yet the society launched into the venture without fulfilling a single condition beyond appointing someone as principal. no one could have imagined that a medical college could f unction without a teaching hospital, without the necessary scientific equipment, without the necessary staff, without the necessary buildings and without the necessary funds. yet that is what ..... right to practice any profession, or to carry on any occupation, trade or business stated in art. 19(l)(g), is subject to the state's power preserved under art. 1916). in the interest of general public, reasonable restrictions on the exercise of the right conferred 1)), art. 190(g) may be imposed. restrictions may be reasonable, even if it .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-17-1985
..... herein, is not a determining factor in a refusal to hire." s.rep. no. 723, 90th cong., 1st sess., 7 (1967), legislative history 111. [ footnote 17 ] section 703(e) of title vii permits classifications based on religion, sex or national origin in those certain instances "where religion, sex, or national origin is a bona fide occupational qualification ..... of their passengers." tr. 2626. western complains that this instruction was defective because it failed to inform the jury that an airline must conduct its operations "with the highest possible degree of safety." [ footnote 31 ] jury instructions, of course, "may not be judged in artificial isolation," but must be judged in the "context of the overall charge" ..... . the physiological and psychological capabilities of persons over age 60, and the ability to detect disease or a precipitous decline in such capabilities on the basis of individual medical examinations, were the subject of conflicting expert testimony presented by the parties. the jury instructions included statements that the "bfoq defense is available only if it is reasonably ..... of labor, the older american worker: age discrimination in employment 9 (1965) (hereinafter report), eeoc, legislative history of the age discrimination in employment act 26 (1981) (hereinafter legislative history). see also s.rep. no. 95-493, p. 2 (1977), legislative history 435 ("scientific research . . . indicates that chronological age alone is a poor indicator of ability to perform a job"). .....Tag this Judgment!
Court : Kerala
Decided on : Sep-11-1985
Reported in : 1(1986)ACC386
..... general hospital, ernakulam. the appellant was brought to the lissie hospital at ernakulam, on 15-10-1970. pw 4 the doctor in charge of the orthopaedic section of the lissie hospital examined the patient and found that 'the child was toxaemic and the leg was in plastercast and toes were swollen blue, immobile and ..... 20-11-1970. pw 3 had diagnosed the case of posttraumatic gas gangrene.2. the minor appellant represented by her father filed the suit for compensation rs. 70,000/- for shortened expectation of life, pain and suffering, cost of ..... of the patient, her left leg was amputated below the knee on 19-10-1970. a further amputation above the knee had to be performed on 2-11-1970 to give the patient a suitable amputation stump for wearing an artificial leg. the patient was discharged from the c.m.c. hospital on ..... tibia besides other minor injuries. she was hospitalised and her injured leg was immobilised by a plastercast extending from mid-thigh to the ankle. ext. b-2 dated 12-10-1970 shows the treatment given to the patient on her admission in the hospital. the wounds were sutured, a plastercast was put and ..... has acted in accordance with practice accepted as proper by a responsible body of medical men skilled in that particular art...merely because there was a body of opinion who would take a contrary view.' it is not required, in the discharge of his duty of care, that he should use the highest degrees of .....Tag this Judgment!