Court : Gujarat
Decided on : Mar-19-1987
Reported in : AIR1987Guj191; (1987)2GLR748
..... students who may have passed std. xii examination from science stream from outside state cannot be subjected to same standard of eligibility for regulating their admission to b.e. degree course. rules 3.2 and 3.3, therefore, instead of being arbitrary and violative of art. 14 are within their permissible limits. that would become vulnerable if they are extended to ..... marks or 52% marks for being eligible for consideration for admission to the post-graduate degree in m.d., m.s. and diploma course in m.d., m.s. ect. respectively on the basis of merit in accordance with the regulations made under the indian medical council act, were laid down. the question before the supreme court was whether the order of the ..... be reconciled and were found to be necessary in the light of the limited number of seats available for the above group of medical studies. on the same reasoning, therefore, it can easily be seen that rr. 3.2 and 3.3 lay down one set of qualifications prescribed for judging minimum eligibility qualifications of the concerned students. having satisfied these ..... of gujarat. as per the aforesaid rules, qualifying examination for being admitted to the engineering colleges is the higher secondary certificate examination (science stream) taking physics, chemistry, biology, mathematics 10 + 2 education pattern conducted by either the gujarat higher secondary education board or the central board of secondary education, new delhi from any of the recognised institutions located in the state .....Tag this Judgment!
Court : Kerala
Decided on : Sep-03-1987
Reported in : AIR1988Ker96
..... . alfred robert jones, air 1934 all 273. the court held : 'we are not bound by the definition of an'idiot' as found in medical literature. wehave to read the word 'idiot' used in section 19,divorce-act, as a word used in its ordinarysignificance.' the term 'idiocy' has been explained by prof. modi in ..... , attachment and affection which persons with weaker intellects may also feel and the discernment or soundness of judgment while contracting marriage is of lesser degree than in the case of an ordinary contract. it will suffice to say that persons solemnising marriage must possess a mental capacity sufficient to ..... contract of marriage and the duties and responsibilities entailed by it. it is not possible to define in more precise terms the extent or the degree of mental capacity. broadly, the mental incapacity to enter into marriage should approximate to mental capacity which disables a person from entering into contracts ..... . durham, (1885) 10 pd 80, the contract of marriage is a very simple one, which does not require a high degree of intelligence to comprehend.' in daniel v. saraia, ilr (1976) 2 ker 357 this court relying on the decision in mt. titli's case held : 'it cannot be said that every ..... degree of unsoundness of mind effects the capacity to give consent to a marriage. unlike the understanding required for the .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-13-1987
Reported in : 1988(1)BomCR280; 1988MhLJ575
..... to decide that the language is 'plain' (more accurately that a particular meaning seems plain) without first construing it.it...(interpretation) involves for more than picking out dictionary definitions of words or expressions used. consideration of the context and the setting is indispensable properly to ascertain a meaning. in saying that a verbal expression is plain or unambiguous, ..... dated 18-6-1971. rules 1 provides that admission to the post graduate medical courses for both degree and diploma of the university to which the particular medical college is affiliated are open to the medical graduates of the recognised universities, who have registered themselves under the maharashtra medical council act, 1955. it is not in dispute that the petitioners in these writ petitions ..... match the contextual. a statute is best interpreted when we know why it was enacted. with this knowledge, the statute must be read, first as a whole and then section by section, clause, by clause, phrase by phrase and word by word. if a statute is looked at, in the context of its enactment, with the glasses of the statute ..... ), (b) and (c) includes the backward class personnel for mm & hs and outsiders in the prescribed proportion i.e.1. scheduled castes and scheduled casteconverts to buddhism 13%2. scheduled tribes including thoseliving outside the specified areas 7%3. denotified tribes and nomadic tribes 4%4. other backward communities 10%------total 34%-------further the allotment of these seats in .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-03-1987
..... discrimination based on the irrational fear that they might be contagious. [ footnote 13 ] the act is page 480 u. s. 285 carefully structured to replace such reflexive reactions to actual or perceived handicaps with actions based on reasoned and medically sound judgments: the definition of "handicapped individual" is broad, but only those individuals who are both handicapped and otherwise ..... risk (what is the potential harm to third parties), and (d) the probabilities the disease will be transmitted and will cause varying degrees of harm. in making these findings, courts normally should defer to the reasonable medical judgments of public health officials. courts must then determine, in light of these findings, whether any "reasonable accommodation" can be made by ..... can be considered a handicapped individual. according to the testimony of dr. page 480 u. s. 281 mceuen, arline suffered tuberculosis "in an acute form in such a degree that it affected her respiratory system," and was hospitalized for this condition. app. 11. arline thus had a physical impairment as that term is defined by the regulations, since ..... 504, an antidiscrimination provision patterned after title vi of the civil rights page 480 u. s. 278 act of 1964. [ footnote 2 ] section 504 of the rehabilitation act reads in pertinent part: "no otherwise qualified handicapped individual in the united states, as defined in section 706(7) of this title, shall, solely by reason of his handicap, be excluded from participation in .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-08-1987
..... no reason for the secretary to consider the claimant's age, education, and work experience. the legislative history reinforces this understanding of the statutory language. section 423(d)(2)(a) was intended to "reemphasize the predominant importance of medical factors in the disability determination." s.rep. no. 744, 90th cong., 1st sess., 48 (1967). the 1967 amendments left undisturbed the longstanding ..... limitation caused by a medical impairment on such functions is to be determined based solely on medical evidence. nor does the regulation explain whether the claimant must be able to perform a few, most, or all of the 404 ..... blackmun, with whom justice brennan and justice marshall join, dissenting. the definition of "disability" for purposes of the disability insurance benefits program is set forth in 223(d) of the social security act, codified, as amended, at 42 u.s.c. 423(d) (1982 ed. and supp. iii). paragraph (2)(a) of that section states: "an individual . . . shall be determined to be under ..... a medical impairment affected different individuals' abilities to perform such functions to the same extent, regardless of age, education, and work experience, there is no guidance in the severity regulation as to what constitutes a "significant" limitation on the ability, for example, to use judgment or to adapt to changes in work conditions, or as to how the degree of .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-24-1987
Reported in : AIR1987AP214
..... and balanced growth of institutions in a planned manner. the provisions of sub-section (3) are corollary to the provisions contained in sub-section (2); and if there is not much to be complained of in sub-section (2), the requirement in terms of sub-section (3) that in giving approval under sub-section (2) the commissionerate should follow the general guidelines issued by the government in that ..... entries 63, 64, 65 and 66 of list i; vocational and technical training of labour.'8. though the fields of legislation available to the parliament and the states have been definite as stated above, more often than not, a certain amount of overlapping might become unavoidable; the legislation which thus overlaps would not, however, be rendered invalid, if, in pith and ..... grants commission.20. the counsel for the petitioners submitted during the course of the argument that the object of sub-section (2) of section 11 is to bring about a complete surrender of the autonomy of the universities to bureaucracy. what this sub-section requires is that every university or college should obtain the prior approval of the commissionerate in regard to the creation ..... the qualification regarding eligibility of a candidate to be considered for admission to the post-graduate degree in m. d., m. s. and diploma course in m. d., m. s., etc., on the basis of merit in accordance with the regulations made under the indian medical council act was invalid as it trenched upon entry 66 of list i of the seventh schedule .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-29-1987
Reported in : (1987)89BOMLR571; (1989)ILLJ356Bom
..... the approval of the central government and after giving six months' notice of intention to do so. the expression 'corporation' under section 2(6) of the act means the employees' state insurance corporation set up under this act. with this background of the statutory provisions, we will refer to the exercise undertaken by the state government before extending the provisions ..... be adopted by stages and in different phases, and so, inevitably, the question of extending the statutory benefits contemplated by the act has to be left to the discretion of the appropriate government. 'appropriate government' under section 2(1) means in respect of establishments under the control of the central government or a railway administration or a major port ..... establishment or class of establishments, industrial, commercial, agricultural or otherwise.'this sub-section confers power on the appropriate government to extend the provisions of the act or any of them to any other establishment or class of establishments. the expression 'appropriate government' has been defined under section 2(1) and means, in respect of establishments under control of the central ..... the act and section 39(2) of the act provides that such rates can be varied by the corporation when any factory or establishment is excluded from some of the benefits under the act. chapter v deals with the benefits which would accrue to the employees and section 46(i)(a) provides that the insured persons would be entitled to the medical treatment .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-20-1987
Reported in : AIR1988SC37; JT1987(4)SC129; 1988LabIC225; (1988)ILLJ263SC; 1987(2)SCALE798; (1987)4SCC691; 1SCR546
..... and the college of nursing in vellore are affiliated to the university of madras and they both go by the name, the christian medical college. in the medical college the post-graduate degree courses have also been started. in addition thereto post-graduate diploma courses in different specialties have also been started. in the year 1982, when the common judgment of the ..... and the industrial tribunal or the labour court is expected to interfere with the decision of a management under section 11-a of the act only when it is satisfied that the punishment imposed by the management is highly disproportionate to the degree of guilt of the workman concerned. the industrial tribunal or the labour court has to give reasons for its ..... person who has not less than five years' service as presiding officer of a labour court constituted under any law for the time being in force or who holds a degree in law of a university established by law in any part of india and is holding or has held an office not lower in rank than that of assistant commissioner ..... to the christian medical college was an educational institution; 2. the christian medical college hospital even though it was an educational institution was an industry within the meaning of the expression 'industry' given in the act; and3. even though the christian medical college and the hospital attached thereto constituted an industry, they together constituting an educational institution established and administered by a minority, sections 9-a .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-26-1987
Reported in : 1988(1)BomCR219
..... how the arrest is to be made. according to him, the arrest includes actual touching or confining the body of the person to be arrested. sub-section (2) of s. 46 of the code empowers the police officer to use all necessary means to effect the arrest in case the accused attempts to evade the ..... hundred per cent truth is also not possible because much depends upon the sense of time that the witness has. that is an omnibus statement and no definite inference can be drawn from his sole statement. in any case, it would be too risky to jump to the conclusion that the complainant offered resistance ..... was assaulted by both the petitioners throughout the way. as soon as he reached the police station, he lodged his complaint. he was also examined by the medical officer. the police, however, did not take any cognizance of the matter nor did they take any steps. he, therefore, filed the present complaint before the ..... of the cases against them by the court ... in our view it is not the 'duty' which requires examination so much as the 'act' because the official act can be performed both in the discharge of the official duty as well as in dereliction of it. one must also guard against too wide ..... the accused (who were the policemen) were on patrolling duties and they were discharging their duties as above. what is impeached in this litigation is the act of assault alleged to have been made by both the accused against the complainant. this assault cannot, by any stretch of imagination, be called as a .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-18-1987
Reported in : 68CompCas698(AP)
..... insurance co. ltd. v. gulab chndra gupta,  59 comp cas 678, the learned judges therein held that inasmuch as under section 96(2) of the motor vehicles act read with section 110d the grounds available to the owner of the vehicles, the appeal is not maintainable jointly by both of them. the learned judges ..... in which his sons are also partners. the court below has awarded rs. 7,000 towards expenditure for transport and extra nourisment during the period of medical treatment. a sum of rs.500 was awarded towards clothing, rs. 5,000 towards pain and suffering, rs. 10,000 towards loss of amenity or ..... grounds mentioned by the owner of the vehicle in hisappeal. but, the insurance comapany shall be confined only to the grounds available to it under the motor vehicles act, i, therefore, dissent from the decision in united india fire and general insurance co. ltd, v. gulab chandra gupta  59 comp cas 678 ( ..... those available to the erson principal liable but that does not mean that there is any confliciting or opposing interests between them. under the motor vehicles act, provision is made to recover the amount from the insurance company up to a particular limit and beyond that, the amount can be recovered from ..... a sum of rs. 37,500. against the said award, the owner of the bus as well as the insurance company have preferred this appeal jointly. 2. a preliminary objection has been raised by sri a.v. parthasarathy of sri. y.b. tata rao contending that a single appeal by the insurance .....Tag this Judgment!