Court : Punjab and Haryana
Decided on : Jan-29-1992
Reported in : AIR1992P& H308
..... to a graduate's degree of versity by the bar council of india: (b) & (c) xxxxx xx xx xx xxxx xx xx xx' 4. the 1961 act enacted by the parliament falls under entry-26 of list-ill of the seventh schedule to the constitution of india, which reads as under :--'legal, medical and other professions.'a reading of sections 7 and 49(1 ..... by the university in regard to the admission to the department of laws, ss. 7 & 49 of the 1961 act and the bar council of india rules framed thereunder :--'punjab university calendar volume ii, 1988. 'faculty of law' bachelor of laws 1. to 2. xxxxx 3. the minimum qualification for admission to the first year class of the ll.b. course shall be ..... one of the following: (a) a bachelor's degree in any faculty of the punjab university with at least 45 per ..... the minimum qualification prescribed by the bar council of india under s. 49(1)(af) of the advocates act, 1961 (referred to hereinafter as 'the 1961 act').2. brief facts leading to the filing of the petition are as follows:the petitioner who obtained a degree of bachelor of arts from the delhi university in the year 1990-91 securing 40. 78% marks, applied .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-13-1992
Reported in : AIR1992SC932; JT1992(4)SC422; 1992(1)SCALE332; 1993Supp(1)SCC594; 1SCR643; 1992(2)LC378(SC); (1992)2UPLBEC1288
..... ratio dr. sanjay agarwal was directed to be admitted in the post graduate degree course in anesthesia in gorakhpur medical college in his writ petition. the state filed the appeals against these judgments.3. [section 28(5) of the u.p. universities act 10 of 1973, as amended by the act 15 of 1980, the later came into force from january 1, 1979,] ..... up to seven days for reasons shown and grounds recorded in special cases. the courses of study shall commence in every institution providing such study throughout the country from may 2. notification announcing examination, publication of results and allotment of place of admission (keeping preference in view and our directions regarding preference of candidates) shall be published in two ..... . therein it was further stated that:1. for admission to postgraduate courses, the competitive examination shall be organised on the pattern of all india institute of medical science or university college of medical science.2. this examination shall have 100% objective type questions. the eligibility criteria for admission to postgraduate courses shall be 50% minimum qualifying marks for candidates of general ..... in postgraduate courses due to their failure to secure minimum 5(3% qualifying marks in the entrance examination. assailing the denial thereof, offending articles 14, 15(1) and 29(2) of the constitution they filed the writ petitions. in the case of first two doctors, by a common judgment dated august 24, 1991, the high court allowed the writ .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-29-1992
Reported in : 1992(3)ALT389
..... or stage of the course of study;(d) 'qualification' means a degree or any other qualification awarded by a university;(e) 'regulations' means regulations made under this act;(f) 'specified course of study' means a course of study in respect of which regulations of the nature mentioned in sub-section (2) have been made;(g) 'student' includes a person seeking admission as ..... qualification namely the obtaining of certain minimum marks in the mbbs examination by the candidates has 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 order merely provides an additional ..... they come in the way of the government prescribing lawcet. in the cases referred in state of andhra pradesh v. i. narendranath (3 supra) and ambesh kumar v. principal llrm medical college, meerut (5 supra) prescribing additional qualifications has been upheld by the supreme court. in shobana kumar, s. v. mangalore university, : air1985kant223 m. rama jois, j., dealing ..... in case of physically/ orthopaedically handicapped relaxation of marks up to 5 per cent in the qualifying examination may be given on production of a certificate of disability from the medical officer, to the satisfaction of the authority concerned.explanation-physically handicapped means and includes the following categories of physically handicapped persons -(a) blind - blind is that who is .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-25-1992
Reported in : AIR1993SC408; 1992LabIC2397; (1994)ILLJ214SC; 1992(2)SCALE671; 1993Supp(2)SCC639; Supp1SCR876
..... recognised by the board. the board referred to there is the board as defined under section 2(d) of the act and means the board of ayurveda and unani system of medicines in himachal pradesh established/constituted under the act. admittedly, the board constituted under the act has not recognised the degree/diploma of the h.s.s. obtained after 1967.11. we have already referred ..... in 1974. however, the fact remains that the second schedule to the imcc act of 1970 which enumerates recognised medical qualifications and which is prepared pursuant to section 14 of the act, came into force on 15th august, 1971 i.e., even prior to the date on which the respondents obtained the degrees/diplomas from the h.s.s. on this short ground alone, the ..... included in the second, third or fourth schedule shall be sufficient qualification for enrolment on any state register of indian medicine. save as provided in section 28, no person other than a practitioner of indian medicine who possesses a recognised medical qualification and is enrolled on a state register or the central register of indian medicine, -(a) shall hold office as ..... in civil appeal no. 3960/1992 arising out of slp 12778/1992 and the promotee vaidyas was that the degrees/diplomas which are recognised as professional medical qualifications are listed in the second schedule to the indian medical central council act, 1970 (imcc act or the central act). the said schedule mentions h.s.s. at serial number 105 in it, and specifies against it in .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-22-1992
Reported in : AIR1992SC1310; JT1992(3)SC66; 1992(1)KLT784(SC); 1992(1)SCALE843; 1992Supp(3)SCC147; 2SCR653; 1992(2)LC159(SC)
..... bihar, the high court examined the provisions of the first proviso to section 38 in the light of the provisions contained in section 15 of the central act. the high court rejected the contention urged on behalf of the state government that the definition of medicine contained in section 2(f) of the central act would take in both homoeopathic and indigenous systems of medicine and held ..... in integrated medicine known as dam. by notification dated may 4, 1977 issued by the government of kerala under the first proviso to section 38, it was directed that section 38 of the act shall not apply to the degree holders of dam and diploma holders of dam in practising modern medicine in the state. the government of bihar through the bihar state ..... respect of which a scheme of reciprocity for the recognition of such medical qualification is not in force. section 15(1) entitles a person having recognised medical qualification under the act to be enrolled in any state medical register. under sub-section (2) of section 15 no person other than a medical practitioner enrolled on a state medical register shall practise medicine in any state. the object underlying these ..... university, it was submitted that the challenge was highly belated. 5. the high court did not go into the validity of notification dated may 4, 1977 relating to dam degree holders and dam diploma holders for the reason that no one who would be affected by the invalidation of the said notification was before the court and in absence of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-30-1992
Reported in : 1992(2)LC609(SC); (1992)2UPLBEC1295
..... admission to post-graduate courses (degree and diploma) in the medical colleges in the state in accordance with the criteria laid down by indian medical council. this does not in any way encroach upon the regulations that have been framed under the provisions of section 33 of the indian medical council act. on the other hand in ..... lay down further eligibility qualification for being considered for admission in the post-graduate courses, in addition to the eligibility criteria laid down by the medical council in its regulations but the aforesaid contention was negatived and it was held as under:-the order in question merely specifies a further eligibility ..... , it was held as under:- thus it could be seen that this court consistently laid down the criteria for conducting entrance examination to the post graduate degree and diploma courses in medicine and the best among the talented candidates would be eligible for admission. 50% cut off marks was also held to be ..... 1scr661 such a situation must be avoided and the remaining seats should be filled up by applying different criteria, the cases were postponed for further hearing.2. we have heard learned counsel for the parties and have thoroughly gone through the record. so far as the validity of the admission rules fixing 50% ..... 1991. with the aforesaid observations, we dismiss all these petitions with no order as to costs. the application for intervention no. 2 in writ petition no.454 of 1992 also stands dismissed automatically. .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-29-1992
..... been obtained shall for the first offense be guilty of a summary offense and for each subsequent offense be guilty of a misdemeanor of the third degree. no physician shall be guilty of violating this section for failure to furnish the information required by subsection (a) if he or she can demonstrate, by a preponderance of the evidence, that he ..... to an abortion. see planned parenthood of central mo. v. danforth, 428 u. s., at 67. in this respect, the statute is unexceptional. petitioners challenge the statute's definition of informed consent because it includes the provision of specific information by the doctor and the mandatory 24-hour waiting period. the conclusions reached by a majority of the justices ..... -roe world undoubtedly would raise a host of distinct and important constitutional questions meriting review by this court. for example, does the eighth amendment impose any limits on the degree or kind of punishment a state can inflict upon physicians who perform, or women who undergo, abortions? what effect would differences among states in their approaches to abortion have ..... term. section 3205(a)(2) requires a physician or a nonphysician counselor to inform the woman that (i) the state health department publishes free materials describing the fetus at different stages and listing abortion alternatives; (ii) medical assistance benefits may be available for prenatal, childbirth, and neonatal care; and (iii) the child's father is liable for child support. the act also imposes .....Tag this Judgment!
Court : Delhi
Decided on : Mar-26-1992
Reported in : 48(1992)DLT660; 1993(44)ECC101
..... making power is contained in action 33-n which provides that the central government may frame rules for the purpose of giving effect to the provisions of this act. sub-section (2), clause (e) of section 33-n gives a specific power to frame rules for prescribing forms of licenses for the manufacture, for sale of avnivedic, siddha or unani drugs 'and for sale ..... . there can be no doubt that ayurvedic asavas and arishtas which are capable of being misused as alcoholic beverages can come within the purview of the definition of 1iquor contained in section 3(1.0) of the act being liquids' containing alcohol. the contention that.nore to rule 3(1) of the spirituous preparations (control) rules, 1969 is an unreasonable restriction on the ..... , is that exclusion of only 19 intoxicating spirituous preparations was bad in law and all ayurvedic preparations should have been excluded. apart from 18 specific intoxicating spirituous preparations, containing any degree of alcohol, which were excluded, the said notification of 5th march, 1987 also excluded 'tonics containing up to 25 per cent proof alcohol'.(13) by virtue of the two ..... unless repetition of dose is indicated on the prescription with the interval for the same. rule 13 prescribes a maximum quantity of intoxicating spirituous preparation that can be purchased on medical prescription while rule 14 gives power to the collector to grant license in form isp-i for the sale of medicines and also for sale of spirituous preparations other than .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-23-1992
Reported in : AIR1993Kant167; 1992(3)KarLJ160
..... be pleased to issue. (a) a writ in the nature of mandamus directing the respondent state to permit the petitioner trust to establish and administer a medical college which would impart education leading to a degree in m.b.b.s. for the academic year 1989-90; (b) issue such other writ, or direction or order as this hon'ble court deems ..... date of application and the endorsement dated 4-10-1981 at annexure r.-6. apart from this, government had rejected the request of kasturba medical college, mangalore branch for splitting up of existing college into two sections on the ground that it amounts to establishing of a new college. further the government had also observed that government already taken a policy decision ..... the staff is already teaching the dental college students. the petitioners also brought to the notice of the government that there is no prohibition in the karnataka state universities act to start a medical college. it is also explained by the petitioners that in case permission is accorded they would establish and administer an hospital as per the standard of the indian ..... order1. since the question of law involved in all these petition is common, all these petitions are clubbed together and a common order is passed.2. a few facts in each case are as follows :w.p. no. 7385 of 1989 : the case of the petitioners is that the 1st petitioner is ,,a linguistic minority institution .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-23-1992
Reported in : ILR1992KAR2049
..... be pleased to issue a) a writ in the nature of mandamus directing the respondent state to permit the petitioner trust to establish and administer a medical college which would impart education leading to a degree in m.b.b.s. for the academic year 1989-90; b) issue such other writ, or direction or order as this hon'ble court deems ..... date of application and the endorsement dated 4.10.1981 at annexure r-6, apart from this, government had rejected the request of kasturba medical college, mangalore branch for splitting up of existing college into two sections on the ground that it amounts to establishing of a new college. further the government had also observed that government had already taken a policy ..... the staff is already teaching the dental college students. the petitioners also brought to the notice of the government that there is no prohibition in the karnataka state universities act to start a medical college. it is also explained by the petitioners that in case permission is accorded they would establish and administer an hospital as per the standard of the indian ..... orderhanumanthappa, j. 1. since the question of law involved in all these petitions is common, all these petitions are clubbed together and a common order is passed.2. a few facts in each case are as follows:w.p.no. 7385 of 1989: the case of the petitioners is that the 1st petitioner is a linguistic minority institution .....Tag this Judgment!