Court : Karnataka
Decided on : Jul-25-1991
Reported in : ILR1991KAR2883; 1991(3)KarLJ410
..... of the powers conferred by sub-section (2) of section 11 of the indian medical council act. with this, we will straightaway go to indian medical council act. section 11 speaks of recognition of medical qualifications granted by universities or medical institutions in india. sub-section (1) reads as under:'(1) the medical qualifications granted by any university or medical institution in india which are included ..... is included in the schedule to the indian medical council act, 1956 as a degree fully recognised by the indian medical council which is the paramount professional body set up by statute with authority to recognise the medical qualifications granted by any university or medical institution in india. a post-graduate medical degree granted by a university duly established by statute ..... in this country and which has also been recognised by the indian medical council by inclusion to the schedule of the medical council act has ipso facto to be regarded, ..... other university is called for. this is all the more so in the case of a medical degree basic as well as post-graduate that is answered by a statutory indian university and which has been specifically recognised by the indian medical council.'14. from the above, it is clear where the bihar university which was statutory .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-16-1991
Reported in : AIR1991Kant352; ILR1991KAR387; 1991(1)KarLJ556
..... notification dated 5-6-1989 issued by the state government under sub-section (1) of s. 5 of the act fixing higher rate of rs. 25,000/- per annum as tuition fee for the medical degree course for students admitted against management seats in private medical colleges, compared to the fee of rs. 2,000/- per annum only for students admitted to government colleges or against ..... high rate compared to the normal amount of tuition fee fixed in respect of government colleges and government seats in private medical colleges. 19. from the provisions of s. 3 read with the definition of 'capitation fee' and section 5 of the act, it is clear that both educational institution concerned and its management are prohibited from collecting any amount in addition to the ..... a writ of mandamus to the college and the management to select them and admit them to the i year mbbs course. (ii) even on the basis that the private medical colleges and the managements do not fall within the definition of the word 'state' as defined under art. 12 of the constitution, they being persons discharging public duties of importing education and ..... finances of the managements and the colleges, which are not within the scope ol this writ petition. 32. in support of the first contention that the respondent-medical colleges are the managements falling within the definition of 'state' under art. 12 of the constitution, the learned counsel for the petitioners relied on the decisions of the supreme court in ajay hasia v .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-07-1991
Reported in : 1991(0)MPLJ675
..... where the petitioners have done housemanship, are not recognised hospitals or incapable of imparting training as required under the 'regulations' approved by the government of india under section 33 of the indian medical council act, 1956. what is required under the 'regulations' is that the candidate should have done one year's housemanship in the subject in which he wants admission. a ..... in our opinion, in order to find an answer to the question whether in the context of selection of candidates for admission to post-graduate degree or diploma courses in various disciplines in any medical college when such a selection is to be made from amongst the institutional candidates, the preference based on completion of house job in the concerned ..... main question arising for consideration in the present case, it is necessary to bear in mind the fact that so far as admission to post-graduate degree and diploma course in various disciplines in medical colleges is concerned, by providing for selection of candidates on the basis of institutional preference, a classification is sought to be made with the candidates ..... . vishwavidyalaya adhiniyam, 1973 governing the subject. while ordinance no. 57 relates to post-graduate degree course in the faculty of medicine, ordinance no. 58 relates to post-graduate diploma course in the said faculty. the relevant provision for our present purpose is contained in clause (2) 2(a) of ordinance no. 58 according to which it is obligator}' for a candidate seeking .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-08-1991
Reported in : [1991(63)FLR519]; (1995)IIILLJ44Bom
..... schedule to the indian medical degrees act, 1916 or in the schedules to the indian medical council act, 1956.' this provision of law shows that the dispensary which was connected with the first respondent-press was governed by the provisions of the factories act. and according to section 59 of the factories act where a worker works ..... viz. application nos lcb 417 to 427 of 1972 filed by 11 applicants under section 33c(2) of the act in the year 1922 in the labour court presided over by the second respondent. the second group of application nos. 319 to ..... 1983 passed by the learned presiding officer of the central government labour court no. 1 rejecting the applications under section 33c(2) of the industrial disputes act, 1947 (hereinafter referred to as the said act').2. the relevant facts giving rise to this writ petition are as under:there are two groups of applications, ..... relevant provisions of law under which the petitioner claimed overtime wages on his behalf and on behalf of other workmen under section 33c(2) of the act. thus, section 45 of the factories act reads as under:'45. first-aid appliances:- (1) there shall in every factory be provided and maintained so as ..... the dispensary attached to the factory of the india security press at nasik road, nasik. the prescribed working hours for them were 37 1/2 hours per week though, according to them, the first respondent press used to take more work from them in that the first respondent .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-26-1991
Reported in : AIR1991SC1514; 1991(2)BLJR801; [1991(62)FLR821]; JT1991(2)SC352; (1992)IILLJ321SC; 1991(1)SCALE812; 1991Supp(1)SCC287; 2SCR491; 1991(2)LC224(SC)
..... years duration thereafter. 8. the controversy has been raised before us that the m.ch. degree course in neuro surgery awarded by rajendra medical college, ranchi university is not yet recognised for the purposes of indian medical act, 1956 and a letter of medical council of india dated 27.2.1991 has been placed on record in this regard. learned counsel for the respondent no. 5 ..... has tried to contend that m.ch. degree obtained by the appellant was of no value as the same has not been recognised so ..... to study only for three years for m.ch. part ii and part iii course. initially m.ch. courses were started by all india institute of medical sciences only but later on other universities also followed the same. the government of bihar started m.ch. (neuro surgery) five years degree course in rajendra medical college, ranchi in the year 1980 and only one seat ..... by respondent no. 5 m.ch. course was initiated in the rajendra medical college, ranchi by the state government. m.ch. part i examination consists of general surgery and it is held after a period of two years. part ii and iii courses of the m.ch. degree consist of specialisation in neuro surgery. during the course of examination for neuro surgery in .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-04-1991
Reported in : AIR1991MP205; I(1992)DMC96; 1991(0)MPLJ625
..... children.' a spouse although not sterile and medically fit to give birth to children may still be unfit, due to his or her mental disorder, to look after and bring up children. it may be noted that under section 5(ii)(b) of the act a reasonable degree of sound mental state is a precondition ..... must to a large extent depend on the facts and circumstances of the case and must be something affecting the respondent and as such had definitely induced or influenced his consent. the fact should be so vital and material that the petitioner must show that but for such false representation or ..... in court could never be branded a 'schizophrenic' or mentally unfit. in the above respect i have referred to the medical opinion that schizophrenia is of various kinds and degrees. it is possible that the schizophrenic patient may take up education and yet may be totally unfit as married partner because ..... of -nullity of marriage. there is no reported case of this court brought to my notice to assist me in proper interpretation of section 5(ii)(b) of the act and, therefore, i venture to construe it in the best possible manner to effectuate the intention of the legislature and for fulfilling ..... the ceremony or to any material fact or circumstance concerning the respondent.' as quoted above, section 12(1)(b) refers to section 5(ii) of the act. section 5 contains conditions for a valid marriage between two hindus. section 5(ii)(b), on which the husband has based his case for obtaining a decree of nullity, .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-24-1991
Reported in : AIR1992All3; (1991)2UPLBEC1353
..... (at p. 405 of air) :'in the instant case the number of seats for admission to various post-graduate courses both degree and diploma in medical college is limited and a large number of candidates undoubtedly apply for admission to these courses of study. in such circumstance the impugned ..... being considered for selection for admission to the said courses on the basis of merit as specified by regulations made under the indian medical council act cannot be said to be in conflict with the said regulations or in any way repugnant to the said regulations. it does not ..... is arbitrary, unconstitutional and void because they are violative of directive principles of the state policy, because they are against the recommendation of medical council of india and because in the previous years there was no reservation for scheduled caste and scheduled tribe candidates for postgraduate and diploma ..... law and fact, therefore, they are being decided by a common judgment.2. the writ petitioner in writ petition no. 3893 of 1991 (anupam gupta) was stated that he passed m.b.b.s. examination from s. n. medical college, agra in the year 1989 having secured 61.8% marks ..... section and if the regulation is not framed u/s. 28(5) of the universities act said regulation will not be valid. the provision of s.28(5) of the universities act regulates procedure for admission to various courses.4. the government is said to have issued a notification dated 10-10-90 for the purposes of admission in post-graduate degree .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jul-12-1991
Reported in : 1992(0)MPLJ26
..... court held that prayer for transfer of a student of an unrecognised medical college to a recognised medical college is not permissible (annexure-r-3). the respondents have also reproduced the mandatory recommendations on graduate medical education of the medical council of india which are approved under section 33 of the indian medical council act, 1956, which are as under : -'v. migration/transfer of students from ..... issuing directions o to respondents nos. 1 to 3 to grant admission to the petitioners to the second year of m.b.b.s. degree course at medical college, jabalpur.4. submission of the petitioners is that the medical council of india is only an advisory body, which has no jurisdiction to refuse admission from tanzania university which is a recognised university. ..... of mind.7. learned counsel for the respondent-state has produced before us a copy of the rules of transfer of students and has stressed upon rule no. 2 thereof, which reads as under : -'2. applications of those students who have cleared the 1st m.b.b.s. examination of the university in anatomy and physiology (including biochemistry) and are studying ..... of medicine, university of dar-es-sakan in 1989. petitioner no. 1 has completed two years of medical course of doctor of medicine which is under-graduate medical course equivalent to m.b.b.s. course of rani durgawati university, jabalpur. petitioner no. 2 has completed one year at the same college and university. since the contract assigned to their parents with .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-16-1991
Reported in : (1992)1GLR685
..... thereby, they are committing offence punishable under sections 30, 32, 33 and 34 of the gujarat medical practitioners act. the accused gave an application ex. 4 that the ..... 4 for accepting the explanation regarding the delay in filing the complaint under section 473 of the code of criminal procedure. the allegations in the complaint are that the two accused have been posing themselves as medical practitioners and practising allopathy medicine at village nandasana showing medical degrees which are bogus and showing that they are physician & surgeon and ..... in this connection, the learned magistrate has relied on the decision of this court reported in (state of gujarat v. chimanlal gordhanbhai) (1978) xix glr 603. section 473 of the criminal procedure code provides that when the delay is satisfactorily explained or if the interest of justice requires the court can take cognizance of offience beyond the period ..... complaint was beyond time as the charge-sheet was filed after 17 months of the registration of the offence on 3rd june, 1984. by ex. 11, the prosecution explained delay and prayed for condoning delay. the learned magistrate has condoned the delay and decided to proceed with the matter.2 .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-21-1991
Reported in : AIR1992P& H30
..... registered under the british medical act is also entitled to be registered under this act. as would be apparent from annexure r-6/7, the certificate from the general ..... out the qualifications of dr. j. b. dilawari. these being:--1.arztiche prufung (mbbs) munichuniversity, germany 1962 2. m. d. munich university 1966 (this degree is recognized by the medical council of india and is included in para 2 of the second schedule of the indian medical council act, 1956) 3. m. r. c. p. (london) 1970 4. l.r.c.p., m.r.c.s ..... . 6. r.a.m.s. from national academy of medical sciences (india).3. it will be seen that these qualifications amply and in fact far exceed the requisite, to render dr. dilawari eligible for registration under the relevant statutory provisions.4. what is more, according to s. 13 of the punjab medical registration act, 1916, every person who is registered or qualified to be ..... of india.5. such being the situation, no exception can indeed be taken to the registration of dr. j. b. dilawari as a medical practitioner under the punjab medical registration act, 1916.6. turning to the role and conduct of the petitioner in this matter, the circumstances and the background, as adverted to in the return filed by respondent 6 and the .....Tag this Judgment!