Court : Chennai
Decided on : Nov-23-1989
Reported in : AIR1991Mad246
..... certain minimum marks in the mbbs examination by the candidates had not in any way encroached upon the regulations made under the indian medical council act nor does it infringe the central power provided in the entry 66 of list i of the seventh schedule to the constitution. the ..... validity of state legislation would depend upon whether it prejudically affects co-ordination and determination of standards, but not upon the existence of some definite union legislation directed to achieve that purpose. if there be union legislation in respect of co-ordination and determination of standards, that would have ..... pursuant to which the university granted affiliation as aforesaid. on 17-9-1988, the university extended the affiliation for first year b. e. degree course for the academic year 1988-89 subject to implementation of the recommendations of the earlier commission and subject to usual conditions of affiliation ..... to the university and to withdraw affiliation from colleges and to provide for the inspection of all colleges and hostels.32. section 19 of the madras university act sets out the powers of the syndicate. the syndicate has power to make ordinances and amend or repeal the same among ..... of labour. the power to legislate in respect of primary or secondary education is exclusively vested in the states by item no. ii of list ii, and power to legislate on medium of instruction in institutions of primary or secondary education must therefore rest with the state legislatures. power .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-08-1989
Reported in : AIR1990All93; (1990)1UPLBEC324
..... orderu. c. srivastava, j.1. by means of these writ petitions, the petitioners have prayed for their selection in the diploma courses in various specialities in g.s.v.m. medical college, kanpur.2. in writ petition no. 5502 of 1989, dr. . ajai kumar has prayed for admission in the diploma course in paediatrics department. in writ petition no. 5864 of 1989, ..... and we have heard learned counsel for the parties.6. the claim of these petitioners is that they have done housemanship in accordance with rules and directions issued by the medical council of india and those who have been admitted have not done at least six months housemanship in the department of paediatrics and yet they have been admitted. similar ..... for admission to the degree courses and diploma courses, the candidates must have done one year housemanship in the same subject or at least six months in the same subject and the remaining six months in an allied department. in the recommendations made by the medical council of india, which have been approved by section 33 of the indian medical council act, criteria for the ..... must have worked as a full-time postgraduate student in a manner equivalent to housemanship requirements, in the department concerned before taking up the postgraduate, courses.or (ii) worked in state 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 these three .....Tag this Judgment!
Court : Kerala
Decided on : Mar-21-1989
Reported in : 1989CriLJ2025
..... from edinbiirough since m.r.c.p. is a post-graduate degree awarded by the medical faculties functioning in those centres) with reference to registers and documents maintained in such centres during the past two decades at least. section 106 of the evidence act is intended to obviate such drudgerous exercise and to meet exceptional cases ..... d.t.m. & h. m.o. 1 is the name board exhibited in front of krishna nursing home in which the accused served as a medical practitioner. the degrees m.r.c.p. and d.t.m. & h are inscribed in m.o. 1 next to the name of the accused besides his m.b ..... have the academic credentials which he openly pretended to have, the burden of proving that he, in fact, possesses such degrees is on the accused. this is the purport of section 106 of the evidence act which reads thus : 'when any fact is especially within the knowledge of any person, the burden of proving that ..... penal code. the trial magistrate acquitted the accused mainly on the ground that the prosecution has failed to prove that he does not have those two degrees.2. prosecution allegations can be summarised thus : accused was running a nursing home at chengamangalam by name krishna nursing home. he exhibited a name board in ..... which he would not do if he were not so deceived. if the act of the accused is likely to cause damage or harm to that person in body or mind, the offence of cheating is complete. illustration (c) given under the definition of cheating is this : 'a, by exhibiting to z a false sample .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Sep-25-1989
Reported in : AIR1990MP171; 1990(0)MPLJ253
..... 1971 and these recommendations have also been approved of by the government of india in exercise of powers conferred under section 33 of the indian medical council act, 1956. petitioners have filed these recommendations as ahnexure-p/2. the selection for post-graduate courses, both degree and diploma, has been racommended strictly based on academic merit. in order to determine the merit of a candidate ..... on the outskirts of the city, though not included within the limits of any m unicipal corporation or any municipality, are continued to be villages within the rule and the definition of rural area, as it is, it is difficult to expect that the weightage given has even any justification for the object of rural service after post graduation, even ..... then possibly the alumini coming from the areas served and covered by the these universities stand no chance of being admitted to post-graduate courses in medical colleges of the state, if they had obtained their degrees from some other university outside the state. although they may be residents of the state. reservation based on cent per cent institutional preference, keeps ..... notto say that the country does not need medical aid in its villages, but as rightly pointed by the supreme court, whether this preferential treatment given to the doctors would really attract them to serve the rural masses after their post-graduation.66. rural area has itself been defined under the rules. the definition reads asfollows :--'(viii) rural area means an .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-19-1989
..... has risen to the level of an implied contractual term. compare brief for respondents 42-43 with brief for petitioner 19. the precise definition of this standard, however, is of no particular significance to this case. as will become clear, the parties have agreed that conrail ..... or working conditions of its employees, as a class, as embodied in agreements except in the manner prescribed in such agreements or in section 6." 2 seventh (emphasis added). stated more simply, the union's position is that, while a dispute over the right to make the change ..... the union never before has intervened in the procedural details of conrail's drug testing: such testing has been performed -- like other medical tests -- according to standards unilaterally promulgated by conrail. thus, the absence of a specific agreement between the parties regarding testing procedures and ..... employers to contract for discretion. collective bargaining agreements often incorporate express or implied terms that are designed to give management, or the union, a degree of freedom of action within a specified area of activity. see nlrb v. american national insurance co., 343 u. s. 395 (1952 ..... submit their controversy to arbitration." 5 first. participation, however, is voluntary. see aaron, voluntary arbitration of railroad and airline interest disputes, in the railway labor act at fifty: collective bargaining in the railroad and airline industries 129 (c. rehmus ed. 1977). [ footnote 4 ] in the airline industry, also covered .....Tag this Judgment!
Court : Chennai
Decided on : Aug-29-1989
Reported in : (1991)IILLJ234Mad; (1991)IMLJ137
..... not attempted to define with exactness the liberty thus guaranteed, the term has received much consideration, an some of the included things have been definitely stated. without doubt, it denotes not merely freedom from bodily restraint, but also the right of the individual to contract to engage in any ..... corporation as well. therefore, this cannot be a valid ground at all. lastly it is submitted that the maternity benefit act 1961 itself has not though of medical unfitness for a pregnancy of 16 weeks old and the regulation in question cannot exceed a parliamentary legislation and lay down a ..... political parties, older than our schools system. marriage is a coming together for better or for the worse hopefully enduring, and intimate to the degree of being sacred. it is an association that promotes a way of life, not causes a harmony in living, not political faiths, a ..... (1) no employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery of her miscarriage'.(2) no woman shall work in any establishment, during the six weeks immediately following day of her delivery or her miscarriage.(3) without prejudice to the ..... of the physical incapacity of the teacher after the fourth or fifth month of pregnancy, which presumption was neither necessarily nor universally true, and (2) cleveland provision barring a teacher's return to employment until after her child was three months old was similarly violative of the due process .....Tag this Judgment!
Court : Chennai
Decided on : Aug-29-1989
Reported in : (1991)1MLJ137
..... as follows:while this court has not attempted to define with exactness the liberty thus guaranteed, the term has received much consideration, and some of this included things have been definitely stated, without doubt, it denotes not merely freedom from bodily restraint, but also the right of the individual to contract, to engage in any of the common occupations of ..... of rights - older than our political parties, older than our school system. marriage is a coming together for better or for the worse, hopefully enduring, and intimate to the degree of being sacred. it is an association that promotes a way of life, not causes a harmony in living, not political faiths, a bilateral loyalty, not commercial or social ..... a clause is not peculiar to the respondent corporation. other major public sector undertakings like bharat heavy electricals limited, and the national thermal power corporation also follow similar pattern. the medical officer alone is competent to declare the physical fitness of candidate. the other contentions of the appellant are untenable.10. the matter came up before our learned brother, baktavatsalam, ..... of the maternity benefit act, 1961:section 4 employment of, or work by, woman prohibited during certain periods: (1) no employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery of her miscarriage.(2) no woman shall work in any establishment, during the six weeks immediately following the day of her .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-17-1989
Reported in : AIR1989SC702; 1989(1)BLJR9; 1989CriLJ841; 1989(1)Crimes384(SC); JT1989(1)SC106; 1989(1)SCALE74; (1989)1SCC432; 1SCR123
..... 62 of the evidence act therefore the medical certificate ex. p-e was clearly admissible in evidence. that apart, there is strong, reliable and dependable evidence of the prosecution witnesses which clearly proves ..... for the appellant contended that this certificate was inadmissible in evidence since the prosecution has failed to prove that the original certificate was lost and not available. section 32 of the evidence act provides that when a statement, written or verbal, is made by a person in the discharge of professional duty whose attendance cannot be procured without an amount ..... that the prosecutrix was raped by the appellant.5. pw-2, dr. kapila examined the appellant on 31st july, 1979. he found him to be well nourished and ..... of delay, the same is relevant and admissible in evidence. besides, since the carbon copy was made by one uniform process the same was primary evidence within the meaning of explanation 2 to section .....Tag this Judgment!
Court : Kerala
Decided on : Jun-01-1989
Reported in : I(1990)ACC111
..... that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner of the vehicle or of any other person.sub-section (2) quantifies the claim, that is, rs. 15,000/- in the case of death and rs. 7,500/- ..... and with such particulars as may be prescribed. rules have prescribed the form and particulars. no doubt proviso to sub-section (2) of section 110-a states that where any claim for compensation under section 92-a is made in such application the application, shall contain a separate statement to that effect immediately before the signature ..... and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section.(2) the amount of compensation which shall be payable under sub- section (1) in respect of the death of any person shall be a fixed sum of fifteen thousand rupees and the amount ..... disability has not been proved.3. there can be no dispute that the claimant had sustained certain injuries in the accident. he received medical treatment also. exh. a-5 is a copy of the wound certificate. exh. a-6 is the discharge card issued to him from the ..... medical college hospital, trivandrum, exhs. a-7 and a-8 are similar cards, exh. a-9 series are medical bills. exh. a-12 is the disability certificate issued by the medical officer of the medical college, trivandrum, exh. a-6 shows that the petitioner had .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Nov-23-1989
Reported in : 1990ACJ431
..... is a clear-cut distinction between the provisions of sub-section (1) and sub-section (2) of section 3. the first part deals with the injury directly caused to the person of the workman whereas sub-section (2) deals with occupational diseases mentioned in schedule iii to the act. this judgment, therefore, is of no assistance to ..... disease arose out of the employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of this section. (2-a) if a workman employed in any employment specified in part c of schedule iii contracts any occupational disease peculiar to that employment, the ..... in lancaster v. blackwell colliery co. ltd. 1918 wc rep 345, observed:if the facts which are proved give rise to conflicting inferences of equal degrees or probability so that the choice between them is a mere matter of conjecture, then, of course, the applicant fails to prove his case, because it ..... from the proved facts so long as it is a legitimate inference. it is of course impossible to lay down any rule as to the degree of proof which is sufficient to justify an inference being drawn, but the evidence must be such as would induce a reasonable man to draw it ..... of pain in the chest while on duty around midnight. he was asked to lie down but his condition deteriorated thereafter and he died. the medical evidence showed that the deceased was suffering from heart disease and the death was caused thereby. the commissioner dismissed the claim of the widow of the .....Tag this Judgment!