Court : Allahabad
Decided on : May-25-2001
Reported in : 2001(3)AWC1972; [2001(90)FLR473]; (2001)2UPLBEC1855
..... 'person with disability' has been defined to mean 'person suffering from not less than forty per cent of any disability as certified by a medical authority'. the word 'disability' according to section 2(i) of the central act means :(i) blindness : (ii) xx xx (iii) xx xx (iv) xx xx (v) locomotor disability ; (vi) xx xx (vii) xx xx the word 'locomotor disability ..... or any form of cerebral palsy. but unlike the provisions contained in section 2(e) of the central act, the state act by itself does not define 'person with disability' to mean a person suffering from not less than 40% of any disability as certified by medical authority. rather, the state act has used the term 'physicallyhandicapped' to mean a person who suffers from ..... government, it was noticed that the petitioner was not eligible to get the benefit available to a physically handicapped candidate since his disability was only 20% while the minimum degree of disability according to the government of india's notification, should be 40% in order to make one eligible for anyconcession or benefit as physically handicapped candidate. the candidature ..... learned standing counsel, however, submits that the petitioner is not entitled to be given the benefit of the act, in view of the government of india. ministry of welfare's notification dated 6th august, 1986 issued on the subject of 'uniform definitions of physically handicapped' in which it has been provided that each category of handicapped persons including locomotor handicaps, .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Nov-20-2001
Reported in : 2003CriLJ86
..... have intended to inflict the injuries which she sustained on account of his act and therefore, the offence was brought down from first degree murder to culpable homicide not amounting to murder. the conviction is altered from section 302, ipc to section 304, part ii, ipc. in kalinder bharik v. state of h. p., 2000 scc ..... circumstances of that case, the conviction of the accused was altered from murder to culpable homicide not amounting to murder and the accused was sentenced under section 304, part ii, ipc. in state of u. p. v. indrajeet alias sukhatha, 2000 scc (cri) 1338 : (2000 cri lj 4663), considering the ..... bottle but that circumstance by itself will not be a ground to disbelieve the positive and reliable evidence of the eye-witnesses corroborated by medical evidence that accused kheti ram struck a blow of bottle on the head of the deceased which was broken into pieces after strike. the ..... ordinary course of nature. the intention or knowledge of the accused can be gathered from their overt act when they threw chaman lal from a 'dhank' with all possibility that he would definitely die if injury inflicted upon him by striking the bottle on his head was not sufficient to cause ..... his death. to bring the offence committed by the accused within clause fourthly of section 300, ipc punishable under section 304, ipc mr. anup chitkara, learned .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-14-2001
Reported in : AIR2001SC2743; 2001(5)ALT33(SC); JT2001(6)SC466; 2001(5)SCALE205; (2001)8SCC694; 2001(4)SCT101(SC); (2001)3UPLBEC2261
..... kumar singh and other vs state of bihar and others : 3scr57 : 3scr57 , this court held that the indian medical council act, 1956 did not empower the council to regulate or prescribed qualifications or conditions for admission to post-graduate courses and that regulation and admission to such ..... of the qualitative merits of the candidates in the filed of actual practice and application.the doctors, who are in-service candidates in various medical institutions run and maintained by the government or government departments, have wide area and horizon of exposure on the practical side and they may ..... maintain such institutions out of public founds and the state could always regulate the admission policy which adhering to the standards determined by the medical council.the learned judges, who delved into the matter at length, also highlighted the vital fact that mere academic performance is no guarantee of ..... 50% out of the remaining 75% of the seats after excluding 25% of the seats reserved for central quota.2. the learned singh judge by his order dated 22.2.1998 repelled the challenged based on the first ground and held that the state, which is authorized to regulate the ..... of this court in dr. dinesh kumar & ors vs motilal nehru medical college, : 3scr345 : 3scr345 is the answer to the argument that in-service candidates serving in rural areas will, after acquisition of post-graduate degrees, return to rural areas. the observations in this behalf have been cited .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-21-2001
Reported in : 2002(1)ALLMR1; 2002(3)BomCR219
..... is established except with the previous permission of the central government in accordance with the provisions of section 10a, no medical qualification granted to any student of such medical college shall be a recognised medical qualification for the purposes of this act.(2) where any medical college opens a new or higher course of study or training (including a post-graduate of study or ..... declined to grant any additional seat even as one time increase. it is stated that the present situation, is an unprecedented and an extraordinary situation and section 10a of the indian medical council act will apply to a permanent increase and not to a one time increase. it is further stated in this affidavit that the proposal of the state ..... sections 10a. 10b and 10c in the medical council act, the medical council has framed regulations with the previous approval of the central government which were published in the gazette of india, dated 29.9.1993 (though the notification is dated 20.9.1993). any medical college or institution which wishes to increase the admission capacity in m.b.b.s./higher courses (including diploma/degree ..... /higher specialities), has to apply to the central government for permission along with the permission of the state government and that of the university with which it is affiliated and in conformity with the regulations framed by the medical council. only the medical college or institution which is recognised by the .....Tag this Judgment!
Court : Trademark
Decided on : Dec-31-2001
Reported in : (2002)(25)PTC677Reg
..... on page no. 5 of the counter-statement that he never claimed to be manufacturer or a merchant of medicine, but he do possess a valid medical degree which entities him the right to practice and to prescribe and dispense medicines under the mark 'ludem'. on this statement we reply that just by holding ..... the applicants bona fidely in the course of trade. if so, who is first in adoption and use of the trade mark between the rival parties? section 2(1)(v) of the act lays down as under :- "a trade mark means a mark used or proposed to be used in relation to goods for the purpose of indicating ..... by p. narayan (4th edition) lays down "the words 'proposed to be used' read in the context of section 45 and section 46(1)(a) would suggest that the applicant for registration must have a present and definite intention to use the trade mark in relation to goods in respect of which registration in sought" in batt's ..... trade. moreover, it cannot be termed as a use of the mark at all. further, they are not manufacturers/merchants and appear to have no clear and definite intention to use the mark at the time of the application. in view of my finding that use of the mark by the applicants is not use at ..... a trade mark for goods in which he does not deal or intend to deal meaning by intending to deal having at the time of registration, some definite and present intention to deal in certain goods or description of goods, and not a mere general intention of extending his business at some future time to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-06-2001
Reported in : AIR2002SC302; 2002(1)ALD91(SC); 2002(1)ALLMR(SC)681; 2002(4)BomCR351; (2002)2BOMLR44; JT2001(10)SC294; 2002(4)MhLj450; 2001(8)SCALE399; (2002)1SCC589; 2002(1)SCT1(SC)
..... it seeks permission of the state government to open a new medical college within the state.6. shri s. ganesh, learned senior advocate appearing for the respondents brought to our notice the definition of the expression 'management' as contained in sub-section (21) of section 2 of the act, which runs as under:'section 2. in this act, unless the context otherwise requires,-- ... ... ... ...(21) 'management' ..... us find out whether in the context of the provisions of section 64 of the act the defined meaning of the expression 'management' ..... means the trustees, or the managing or governing body, by whatever name called, of any trust registered under the bombay public trusts act, 1950 bom. xxix of ..... the meaning assigned to it in the definition clause. ordinarily, where the context does not permit or where the context requires otherwise, the meaning assigned to it in the said definition need not be applied.9. a bare perusal of section 2 of the act shows that it starts with the words 'in this act, unless the context otherwise requires --'. let .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-03-2001
Reported in : AIR2002Bom104; 2002(2)BomCR743; 2002(1)MhLj846
..... is constituted under the maharashtra medical council act, 1965 (hereinafter referred to as, 'the act'). the executive committee is formed under section 11 of act and consists of four ex-officio independent members who are all medical practitioners.8. the council itself is constituted under section 3 of the act. it is conferred, inter-alia, under section 10(d) of the act with the power to reprimand ..... negligence in discharge of their professional duties; in particular, in treating the petitioner's father at ashirwad heart hospital, ghatkopar (east), bombay.2. the only grievance of the petitioner is that the respondent - maharashtra medical council ought not to have accepted the recommendations of its executive committee that there is no prima facie case against the respondents - doctors ..... that;(i) it is the council alone which has exclusive power to file papers if in its opinion no prima facie case is made out against the medical practitioner or, (ii) exonerate the medical practitioner of the charges levelled against him if the explanation offered by him is considered satisfactory, or (iii) direct an inquiry to be held in ..... all the papers submitted by the complainant, instruct the registrar to ask the practitioner by means of a registered letter for any explanation he may have to offer. (2) all the documents pertaining to the complaint including any explanation forwarded by the registered practitioner shall then be referred to the executive committee along with the remarks of .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-16-2001
Reported in : 2002(3)MhLj762
..... universities of india. the petitioner might have moved in his private interest but enquiry into the conduct of the examiners of the bombay university in one of the highest medical degrees was a matter of public interest. such state of affairs having been brought to the notice of the court, it was the duty of the court to the ..... of three years so, however, that the total period of any lease shall not exceed nine years.' sub-section (2) of the said section has contemplated framing of rules by the state government in that regard. in addition under section 321 of the municipalities act, the state government is empowered to frame rules. the state government has framed initially maharashtra municipalities (transfer ..... land for educational, charitable and public purposes and states that the council may with the previous approval of the government grant lease of land for the promotion of educational, medical, religious, social and charitable purposes, to charitable trusts or government department or semi-government bodies on payment of such concessional premium as the council may, at its discretion, ..... 21. grant of land for educational, charitable and public purposes. --the council may with the previous approval of the government, grant the lease of land for promotion of educational, medical, religious, social and charitable purposes, to charitable trusts or government department of semi-government bodies on payment of such concessional premium as the council may, at its discretion, determine, .....Tag this Judgment!
Court : Rajasthan
Decided on : Apr-10-2001
Reported in : 2001(4)WLN565
..... has been held that entries in birth register made by concerned official in discharge of his official duties, are admissible evidence under section 35 of the indian evidence act.10. in bhoop ram v. state of u.p. (4), the hon'ble supreme court has he that on the point of proof of age, ..... is required is that there must be some additional evidence rendering it probable that the story of the complainant is true and that it is reasonably safe to act upon it.26. in the present case, the alleged incident took place on 20.3.1998 at about 8.00 am and report about the same was lodged ..... salwar, jampher and underwear of the prosecutrix pw 2 sajjan kanwar were seized. the statement of the prosecutrix pw 2 sajjan kanwar under section 164 cr.p.c. was recorded by the magistrate on 26.3.1998 and same is ex.p/5. the proseculrix pw 2 sajjan kanwar was got medically examined for the purpose of ascertaining her age as ..... hon'ble supreme court has held that certified copies from school registers while deciding the question of age of girl, amount to evidence under the indian evidence act.9. the above view was reiterated by the hon'ble supreme court in harpal singh and anr. v. state of himachal pradesh (3), where it ..... swami may be referred to.13. pw 7 jyoti swami has stated that on the date of giving statement on 1.12.1998, she was acting principal in the government girls senior secondary school, lunkaransar and has come alongwith the record of 8th class pertaining to the prosecutrix pw .....Tag this Judgment!
Court : Rajasthan
Decided on : Apr-30-2001
Reported in : 2001(3)WLN380
..... to clause (g) of sub-section (2) of section 376 ipc clearly reveal that once it is established that accused persons had acted in concert and raped the prosecutrix, then all of them would be guilty under section 376 in terms of explanation-1 to clause (g) of sub-section (2) of section 376 ipc, irrespective of whether ..... process of molestation was started against her, she was a minor girl, and she had no axe to grind against the accused persons. the alleged act definitely casts stigma on her. the society does not close its eyes to the helplessness of a victim, more so, if it is a girl. in ..... continued even for more than one year. therefore, in the present case, to seek further corroboration would be to insult womanhood. apart from this, medical evidence supports the case of the prosecutrix, where it was found that her hymen was totally ruptured meaning thereby she was sexually assaulted many times during ..... certificate or school certificate is not available.16. so far as the medical evidence in respect of age is concerned, the decision of the hon'ble supreme court in jaya mala v. home secretary, government of jammu and ..... the birth certificate or the school certificate and in case it is available, that would be considered the best evidence and so far as the medical evidence is concerned, since it has margin of error, it would be taken into consideration only when primary evidence which is found in the birth .....Tag this Judgment!