Court : Delhi
Decided on : Feb-28-1996
Reported in : AIR1996Delhi291
..... its various aspects. the institute will have the power to grant medical degrees, diplomas and other academic distinction which would be recognised medical degrees for the purpose of indian medical councilact, 1933' gaz. of ind. 21-9-1955, pt. ii, s. 2, extra page 444'.17. section 3 of the act establishes the institute as a statutory body. section 4 refers to the composition of the institute with (a) vice ..... -- notwithstanding anything contained in the indian medical council act, 1933, the medical degrees and diplomas granted by the institute under this act, shall be recognised medical qualifications for the purposes of that act and shall be deemed to be included in the first schedule to that act.'section 24 deals with grant of medical degrees, diplomas etc. by the institute and reads :24. grant of medical degrees diplomas etc. by the institute--notwithstanding ..... , better infrastructure is available. the students also have much greater interaction with teachers and doctors working in various parts of the country and the world. they definitely have an edge over other students of medical colleges and they should not require any reservation.47. as analysed earlier, the impact of this reservation from 1978 to 1995 has been students in aiims become .....Tag this Judgment!
Court : Delhi
Decided on : Jul-03-1996
Reported in : 1996IIIAD(Delhi)533; 1996(38)DRJ177
..... regard to the fact that the medical degrees granted by the aiims are recognised medical qualifications for the purpose of the act and more so when master of dental surgery - orthodontist (mds ortho) has been included in the schedule to the act as recognised dental qualification within the meaning of section 2(j) of the act,the provisions of section 3(d) of the act should be liberally construed so ..... schedule to the act, we feel that it is a fit case where the doctrine of reading ..... in under-graduate and post-graduate medical education, which includes establishment of dental college for the purpose of dentistry and for the practical training of the students in those branches of medical education; and above all the recognition of the post-graduate decree awarded by the aiims as recognised dental qualification as defined in section 2(g) of the act by its inclusion in the ..... purpose of section 3(d) of the act. we are of the view that if section 3(d) of the act is given literal and narrow interpretation it would be contrary to the apparent purpose for which the act was enacted. there seems to be no reason why the expertise of the aiims, which imparts post-graduate training and degree in this branch of medical science, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-20-1996
Reported in : 1996ACJ505; 1996IIAD(SC)261; AIR1996SC2377; IV(2006)CPJ8(SC); JT1996(2)SC624; (1996)2MLJ105(SC); 1996(I)OLR(SC)424; 1996(2)SCALE328; (1996)2SCC634; 2SCR881
..... be maintainable. as held in laxman's case (supra) by this court a medical practitioner has various duties towards his patient and he must act with a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. this is the least which a patient expects from a doctor.16 ..... that it was difficult to hold that anything that was done during the sterilisation operation, or thereafter, had definitely caused the death of chandrikabai. while, holding that respondent no. 2 had definitely been negligent in leaving a mop inside the abdomen of chandrikabai, it held that the appellants had failed to ..... eye camp. though this court refrained from deciding, in that particular case, whether the doctors were negligent, it observed 'a mistake by a medical practitioner which no reasonably competent and a careful practitioner would have committed is a negligent one.' the court also took note that the law recognises ..... the benefit of seeing the case papers. on behalf of the respondents, apart from themselves, two experts, namely dr. marwa, professor of surgery, medical college, aurangabad and dr. b.v. purandare, a leading obstetrician and gynaecologist of bombay were examined. the trial court did not rely upon the ..... ors. jt (1995) sc 155. in nagendra rao's case some goods had been confiscated pursuant to an order passed under section 6a of the essential commodities act, 1955. the said order was annuled but due to the negligence of the officers concerned goods were not found to be of .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-26-1996
Reported in : AIR1997Guj83; (1997)1GLR362
..... notices issued under section 18(c) and they have also prayed for issuance of appropriate writ, order or direction declaring that the pathologists are not liable to obtain any licence under the provisions of the said act.3. it is the case of the petitioners that the petitioners nos. 1 to 4 are registered medical practitioners possessing necessary medical degrees carrying on the ..... scope to the legislative intention it would be just and proper to hold that human blood is 'drug'.conclusions on question no. 2 would the activities carried on by the petitioners-pathologists fall within the definition of 'manufacture' as defined in section 3(f) so as to attract 'licence' provisions?24. the question squarely arises for consideration because of provisions of ..... act enacts 'definition clause' which defined various words and phrases used in the act.7. section 3(b) defines 'drug' as under:' 'b' 'drug' includes - (i) all medicines for internal or external use of human beings or animals and all sub-stances intended to be used for or (in the diagnosis, treatment), mitigation or prevention of disease in human beings or animals; and (ii ..... and 33 of the said act, 1940, the central government has framed rules known as 'drugs and cosmetics rules, 1945'.19. the drugs and cosmetics rules, 1945, as amended, from time to time, assume importance in the context of the present controversy to the extent they provide for the licensing procedure. rule 2 contains definition clause and clause (h) thereof defines ' .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-20-1996
Reported in : 1996IIAD(SC)159; AIR1996SC3161; [1996(73)FLR1038]; JT1996(2)SC473; 1996LabIC1275; 1996(2)SCALE362; (1996)7SCC741; 2SCR856; 1996(2)LC496(SC); (1996)2UPLBEC875
..... the first schedule to that act,' section 24 empowers the institute to grant medical degrees, diplomas and other academic distinctions and titles under the act. section 28 confers the rule-making power ..... under this act shall be recognised medical qualifications for the purposes of that act and shall be deemed to be included in ..... preferred by tandon and the institute.2. leave granted in both the special leave petitions.3. the institute was established and is governed by the all india institute of medical sciences act, 1956. section 5 declares the institute to be an institution of national importance. section 23 provides that '(n)otwithstanding anything contained in the indian medical council act, 1933, the medical degrees and diplomas granted by the institute .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-05-1996
Reported in : 1996(4)ALD472; 1996(2)ALD(Cri)776; 1997CriLJ919
..... petitioner had admitted and effected operation on purnachandra rao and had issued the medical certificate, definitely it can be said that he had done that act in his official capacity. but, without admitting and effecting operation, he had issued a false medical certificate and this act of the petitioner does not fall within the ambit of section 197(1), cr.p.c. by doing such an ..... -1995 passed in crl.m.p. no. 1004/90 in c.c. no. 112/90. the petitioner herein is the 2nd accused and the 1st accused is one purnachandra rao. 2. on a complaint forwarded by the addl. sessions judge, vijayawada, the learned iv metropolitan magistrate, vijayawada took the case and file against y. purnachandra rao (a1) for the offences u ..... in this context). as seen from this section, there can be two categories of acts that fall under section 197, cr.p.c. they read : (1) the act complained of is one authorised by a statute or law, but became questionable on account of the fact that it was done with fraudulent or dishonest intention and (2) the act complained of, though not authorised by statute ..... or law, is intimately and integrally connected with his official or statutory duties and it has thus, a reasonable nexus to the discharge of duty. in finding whether or not, the complained act falls (in) either or neither of the two categories, the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-05-1996
Reported in : 1996IXAD(SC)332; AIR1997SC1567; (1998)1CALLT10(SC); [1997(75)FLR161]; JT1996(10)SC727; 1996(8)SCALE706; (1996)11SCC658; Supp9SCR543; 1997(1)SLJ225(SC); (1997)1UPLBEC1
..... that the psc committed a mistake when it issued an advertisement in 1982 and mentioned therein that the minimum qualification for the posts of lecturer in medical colleges was a post-graduate degree and three years teaching experience.10. the high court failed to examine all these aspects and wrongly proceeded on the basis that three years' teaching ..... anr. etc. v. dr. r. murali babu rao and anr. etc. reported in : (1988)iillj84sc . section 19a of the indian medical council act enable the council to prescribe by making regulations minimum standards of medical education required for granting recognised medical qualifications by universities or medical institutions in india and that would include prescribed minimum qualifications for appointment as teachers of ..... service commission u.p. (psc for short) gave an advertisement inviting applications for the posts of lecturers in orthopaedics and other specialities in different medical colleges of the state. a master's degree in the speciality with three years' teaching experience including one year's teaching experience after post-graduation was the minimum required qualifications. this time also ..... contended on behalf of respondent no. 4 that since the psc in the advertisement dated 2.2.82 given for regular recruitment of lecturers in the said medical colleges, had stated that the essential qualification for the said posts was a post-graduate degree in the subject and three years' teaching experience of which one year should be after post .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-23-1996
..... new device by requiring it to submit a "premarket notification" to the fda (the process is also known as a " 510(k) process," after the number of the section in the original act). if the fda concludes on the basis of the 510(k) notification that the device is "substantially equivalent" to a pre-existing device, it can be marketed without further ..... ); h. r. rep. no. 94-853, at 6. as technologies advanced and medicine 476 relied to an increasing degree on a vast array of medical equipment "[f]rom bedpans to brainscans," 1 including kidney dialysis units, artificial heart valves, and heart pacemakers,2 policymakers and the public became concerned about the increasingly severe injuries that resulted from the failure of such devices. see ..... code (warranty of fitness)), or to unfair trade practices in which the requirements are not limited to devices. "(2) section 521(a) does not preempt state or local requirements that are equal to, or substantially identical to, requirements imposed by or under the act. "(6)(i) section 521(a) does not preempt state or local requirements respecting general enforcement, e. g., requirements that state ..... authority to grant exemptions to the pre-emptive effect of 360k(a), the fda has never granted, nor, to the best of our section 521(a) of the act because they are not 'requirements applicable to a device' within the meaning of section 521(a) of the act. the following are examples of state or local requirements that are not regarded as preempted by .....Tag this Judgment!
Court : Kolkata
Decided on : May-06-1996
Reported in : AIR1997Cal55
..... of bibhuti bhusan nayak v. the executive magistrate reported in (1994) 1 cal hn 320.25. mr. banerjee then referred to section 17(b) of the bengal medical act, 1914 which provides that every person who possesses the qualifications referred to in the schedule, shall on payment of the prescribed fees, ..... fact that there was a provision for appeal against the order of the council to the local government under s. 26(1) of the bengal medical act, 1914.13. the petitioner, thereafter, preferred an appeal to the state government in terms of the said provision, but the same was dismissed on ..... letterhead. according to the petitioner, he immediately provided the council with all the information asked for in connection with his medical qualifications.6. it is the petitioner's definite case that he had no doubts in his mind regarding the genuineness of the correspondence course being run by the organisations ..... referred to above, but on receiving the letter from the west bengal medical council, he began to make enquiries and wrote to ..... thereafter, also acquired m.s. degree in general surgery from the calcutta university in 1982 while he was a member of the west bengal health service. at the relevant time, the petitioner was posted as medical officer (surgeon) at maharaja jitendra narayan hospital in cooch behar.2. it is the petitioner's case .....Tag this Judgment!
Court : Delhi
Decided on : Feb-29-1996
Reported in : 62(1996)DLT55; 1996(37)DRJ418
..... of personnel in all important branches of health activities and also for medical research in its various aspects. the institute will have the power to grant medical degrees, diplomas and other academic distinctions which would be recognised medical degrees for the purpose of the indian medical council act, 1933'. gaz. of india., 21.9.1955, pt.ii-sec.2, extra page 444.(7) at this stage it will be convenient ..... the less general. moreover, in the two decisions relied upon by counsel for the respondents where this court refused to apply the principle of nocturne a success while construing the definition of industry' in the two concerned enactments because the legislature had deliberately used wider words in order to make the scope of defined words correspondingly wider, the court has observed ..... words 'business and trade' as understood in the popular and conventional sense, and it is the colour of these attributes which is taken by the other words used in the definition though their normal import may be much wider. we are not impressed by this argument. it must be borne in mind that nocturne a sociis is merely a rule of ..... . thus, all the five are required to come from one source, i.e., indian science congress.(22) putting it differently, clauses (a) to (d), (f) and (g), lay down identifiable, definite and specific sources for members of the institute, the only remaining clause, which is clause (e), cannot be construed in a manner which would be opposed to the general trend .....Tag this Judgment!