Court : US Supreme Court
Decided on : Feb-28-1989
..... omissions of the city itself must be proved. the court reaffirms these requirements today. where, as here, a claim of municipal liability is predicated upon a failure to act, the requisite degree of fault must be page 489 u. s. 395 shown by proof of a background of events and circumstances which establish that the "policy of inaction" is the functional ..... to him by the constitution." id. at app. 81. see also chapman v. houston welfare rights organization, 441 u. s. 600 , 441 u. s. 617 (1979) ("[section] 1 of the civil rights act of 1871 did not provide for any substantive rights -- equal or otherwise. as introduced and enacted, it served only to insure that an individual had a cause of ..... 's litigation posture with respect to the questions presented here has not been consistent; most importantly, petitioner conceded below that " inadequate training' [is] a means of establishing municipal liability under section 1983." reply brief for petitioner 4, n. 3; see also petition for rehearing in no. 85-3314 (ca6), p. 1. however, at each stage in the proceedings below, petitioner ..... trial was held on mrs. harris' claims. evidence was presented that indicated that, pursuant to a municipal regulation, [ footnote 2 ] shift commanders were authorized to determine, in their sole discretion, whether a detainee required medical page 489 u. s. 382 care. tr. 2-139 - 2-143. in addition, testimony also suggested that canton shift commanders were not provided with any special training (beyond first .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-27-1989
Reported in : (1993)IIILLJ121Bom; 1989MhLJ901
..... as the pay-scale of matron grade iv (non-gazetted) on the hospital side. this is clear from appendix 79 of the maharashtra civil medical code, part ii. the said appendix 79 also shows that gradation of matrons referred to above. this important material which, however, needs to be taken into consideration ..... not less than 8 years. however, the proviso to the said rules makes an exception, in the case of the candidates possessing b.sc. degree in nursing. in her case the experience necessary in administration or teaching is not less than 5 years after graduation. it would appear from the ..... council or are eligible for registration by the maharashtra nursing council. what is necessary to be seen is that for a candidate possessing b.sc. degree in nursing, experience of one year after graduation is necessary for appointment in the post of sister-tutor. 6. turning now to the recruitment rules ..... eligible for such registration; and (iii) hold the tutor's certificate; (iv) have adequate knowledge of english. provided that candidates possessing b.sc. degree in nursing recognised by indian nursing council shall be eligible if they possess experience for not less than one year after graduation and are registered by the ..... thereafter under the maharashtra nursing council act. she was then appointed as a staff-nurse in the payscale of rs. 125-5-145 in the district hospital, akola, by the order dated 4-3-1967. during her service, she was deputed for b.sc. (post- basic) degree course in nursing on 26-6 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-04-1989
Reported in : I(1990)ACC214; JT1989(2)SC454; (1989)3SCC38; 3SCR128; 1989(2)LC285(SC)
..... /- cases of temporary total or partial disability compensation ranging from rs. 1 lakh down to rs. 25000/- depending on the nature and extent of the injuries and extent and degree of the temporary incapacitation accounting for a further allocation of rs. 100/- crores was envisaged. again, there might be possibility of injuries of utmost severity in which case even ..... for re-scheduling of the hearings the suggestion was reiterated. the response of learned counsel on both sides was positive in attempting a settlement, but they expressed a certain degree of uneasiness and scepticism at the prospects of success in view of their past experience of such negotiations when, as they stated, there had been uninformed and even irresponsible ..... apparently, matched any by the lack of a prepackage of relief procedures for management of any accident based on adequate scientific knowledge as to the ameliorative medical procedures for immediate neutralization of its effects.2. it is unnecessary for the present purpose to refer, in any detail, to the somewhat meandering course of the legal proceedings for the recovery of ..... degrees. the high court relied upon the averments and claims in the amended pleadings of the plaintiff, the union of india, to reach this prima facie finding.19. then, in assessing the quantum of interim compensation the high court did not adopt the standards of compensation usually awarded in fatal-accidents-actions or personal-injury-actions arising under the motor vehicles act .....Tag this Judgment!
Court : Orissa
Decided on : Feb-17-1989
Reported in : AIR1989Ori173; 68(1989)CLT65
..... the college is admitted to the privileges of the university. this is why such a college and its principal have been defined in clauses (a) and (d) of section 2 of the delhi university act. even if the office of the principal is not regarded statutory in the sense that, it is created by a statute, it is a public office because the ..... any relief ?5. it is beyond dispute that private colleges which are not receiving grant-in-aid from the state either partially or in full do not come within the definition of 'the state' under article 12 of the constitution of india. there are catena of decisions that employees of these institutions cannot enforce their rights in a writ application when ..... was not maintainable. their lordships held (at p. 63):-'......... .therefore, the society may be the proprietor of the college, but its academic affairs including admission of students and conferment of degrees are regulated by the kakatiya university which is the creature of statute. an associate college of the university cannot be said to be a private body, but a public body ..... . in harijander singh v. selection committee, kakatiya medical college, waranga (air 1975 andh pra 35), a full bench was dealing with the cancellation of admission of a student of kakatiya medical college, which is affiliated to osmania university and it was held that a writ of certiorari can be issued .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-28-1989
Reported in : AIR1990P& H74
..... a degree or diploma as required by the act or had passed the examination recognised by the council, or had been engaged in the compounding of drugs in a hospital or dispensary or other place in which drugs are regularly dispensed on prescriptions of medical practitioners for a total period of not less than five years prior to the date notified under sub-section (2 ..... hospital or dispensary or other place in which drugs are regularly dispensed on prescriptions of medical practitioners for a total period of not less than five years prior to the date notified under sub-section (2) of s. 30. 32. qualifications for subsequent registration.-- (1) after the date appointed under sub-section (2) of s. 30 and before the education regulations have by or under ..... section 11, taken effect in the state, a person who has attained the age of eighteen years ..... as well as to satisfy that the candidate possesses the requisite qualifications at the time of first registration. the information asked for vide annexure p-2 is, therefore, clearly contemplated by the provisions of section 32 of the act and is not at all violative of the provisions of art. 19(1)(g) of the constitution.6. the information asked for having not .....Tag this Judgment!
Court : Orissa
Decided on : Sep-18-1989
Reported in : I(1990)ACC563
..... driven a nail has got infected and pus is coming out now. he is neglecting treatment, but he has come. his right knee is now stiff beyond 90 degrees. he is able to walk now with the aid of crutch. it may take one year or more than that to stop the pus formation. for the rest ..... then speeding away towards bhubaneswar. the injured suffered bruises all over his body including face and both his legs were broken. he took the injured to the scb medical college-hospital at cuttack by an ambulance van and while going to cuttack reported the fact at the sadar police station in writing. the only ground on which the ..... income of the injured and held that his loss of earning capacity was to the extent of 90%, drawing analogy from the provisions of the workmen's compensation act under which loss of a leg is taken as 90% loss of the income and also concluded that the injured had effective fifteen years more for earning as ..... discharged him putting his legs under plaster cast. the nail that had been driven into the bone is yet to be removed. he needs not less than rs. 2,000/- for his further treatment. he must be bearing pain since the bone has got infected.... if the pus cells of the bone are removed and the mal- ..... that the ambassador car oro 424 belonging to him was not the car causing the accident and that on the date of the accident the car was at balangir.2. since it is the case of respondent no. 1 that his vehicle oro 424 was not the cause of the accident, it is necessary to examine such plea .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-28-1989
Reported in : (1989)2SCC425
..... 302 read with section 34 i.p.c. and sentenced to 4 year's r.i. and life imprisonment respectively but the high court allowed the appeal preferred by them and set aside their convictions and sentences and hence this appeal by special leave by the state of uttar pradesh.2. deceased kishori ..... hindrance by the respondents. the theory, besides being falsified by kishori's own statement exhibit ka-3 is also not probablised, even to a slender degree, by any evidence or circumstances in the case. in exhibit ka-3 kishori has stated that she had sought for consolidation proceedings and got her holding ..... fully supported by another doctor. at the request of the respondent's counsel, the high court had summoned and examined dr. v.n. srivastava, chief medical officer and medico-legal expert for allahabad as an expert witness to find out whether kishori could have remained conscious and given a statement as found ex ..... injuries and several internal injuries as well, she could not have made the statement ex. ka-3 and hence the statement cannot be believed and acted upon as a dying declaration. there is no merit in the contention because the observations of this court in the two cases mentioned above were rendered ..... in law as a plausible alternative.22. mr. garg lastly urged before us that since we are dealing with an appeal against acquittal, we should act with utmost circumspection in the exercise of our powers under article 136 of the constitution for setting aside the judgment of the high court. we .....Tag this Judgment!
Court : Kerala
Decided on : Oct-17-1989
Reported in : AIR1990Ker262; I(1991)DMC479
..... seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment.' if we read section 19 of the divorce act in comparison with section 13 of the hindu marriage act, we find that under the hindu marriage act even lesser mental disorders and mental illnesses are made a ground for divorce, while the indian divorce ..... unable toknow the nature and consequences of heracts. as stated in the various decisions quotedabove, the contract of marriage is a simpleone and it does not require a comprehensionof high degree to understand its implications.marriage is an engagement between man andwoman to agree to live together and love oneanother as husband and wife to the exclusionof all others, and from ..... us, p. c. bala-krishna menon, j. dealing with section 19(3) of the indian divorce act. his lordship observed that lunatic or idiot is not defined in the act, but the definition given to the term 'lunatic' in section 3(5) of the indian lunacy act, 1912 is adopted by the indian divorce act. under this definition an idiot is also a lunatic and is of unsound ..... understand the consequences of a marriage and the responsibilities arising out of her marriage, his lordship granted a decree for nullity of marriage. in usha abraham v. abraham jacob, (1987) 2 ker lt 582 : (air 1968 kerala 96) the single judge decision just now discussed has been reversed by a division bench of their lordships, john mathew and balakrishnan, jj. in .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-10-1989
Reported in : AIR1990Kant29; 1989(3)KarLJ338
..... 'maithili university' is neither a university established by a central or state act nor a deemed to be university under section 3 of the u.g.c. act 1956 and as such it is not empowered to award degrees in terms of the provisions contained under section 22 of the said act. persons who intend to take admissions in the so called 'mathili university' ..... and anxiety to find some suitable employment or occupation, b.ut end up in rather utter frustrationjeopardising their future careers. observations of the supreme court made in a. p. christians medical educational society v. govt. of andhra pradesh, : 2scr749 in a similar context that the government concerned should devise suitable ways, legislative and administrative, to make the ..... status of the petitioner-college, thus:'vijay vikram college of engineering is not recognised and not approved by the regional committee and aicte.'material portion of the report sent on 2-1-1989 to the assistant educational officer (t), government of india, human resources development, southern regional office, madras, respecting the petitioner-college by the joint director of ..... undisputed documents produced on behalf of the ministry of human resources development, department . of education, new delhi, and the union public service commission, arrayed as respondents 1 and 2 in the petition, by the learned additional central government standing counsel.4. letter dated 4th september, 1985 is addressed by the deputy secretary to the government of india to .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-22-1989
Reported in : 1989(2)WLN457
..... indicates that considerable violence has been applied to the neck. it negatives suicide and provides strong indication of homicide.24. on page 157 of 'medical jurisprudence and toxicology' modi has given the differences between hanging and strangulation is tabulated form in respect of banging, he says that fracture of ..... body is adequate for the purpose. persons have succeeded in hanging themselves although their feet were in contact with the floor. only a slight degree of constriction of the neck is required to cause eventual death19. on page 172, it is observed:the position of the tongue varies from ..... her chest and pressed her neck. her mother was groaning. unfortunately, her statement ex d-2 recorded under section 161 cr pc during investigation, she has given altogether version of the incident. in ex d-2 with which she was controverted, she stated that her mother committed suicide by hanging herself with ..... of pressure, nail marks and the internal damage of localised distribution are the main features. this is a common method of achieving infanticide by an act of commission. in such cases the tissues of the infant being soft and pink, the congestion (due to pressure) and the extravasation (due to ..... observed:the importance of dribbling saliva has already been referred. this is accepted as a size of ante mortem hanging as this is a vital act. this is due to stimulation of salivary gland by compression of ligature. injury to tongue is unusual.15. on page 266, dealing with strangulation .....Tag this Judgment!