Court : Punjab and Haryana
Decided on : May-19-2004
Reported in : (2004)138PLR87
..... , the writ petition is allowed. it is declared that the m.s. (surgery) degree conferred on the petitioner by the punjab university is a recognised medical qualification under section 11(1) of the indian medical council act, 1956 and no further steps are required to be taken under section 11(2) of the act for its recognition. no further relief can be granted to the petitioner as during ..... 1st schedule to the act is a recognised degree under section 11(1) of the act. in paragraphs 14, 15, 17 and 18 of the aforesaid judgment it has ..... ) by the punjab university is a recognised degree under section 11(1) of the act and no further steps are required to be taken under section 11(2) of the act.8. the petitioner has relied on a decision of this court rendered in c.w.p. no. 15809 of 2000 (dr. sukhwinder singh gill v. post graduate institute of medical education & research chandigarh and others) decided ..... on 2.8.2001 wherein it has been held that a degree of a university included in the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-16-2004
Reported in : AIR2005SC300; (2005)2CALLT1(SC); 2005(3)ESC358; 2004(9)SCALE404; (2005)1SCC45; (2005)1UPLBEC368
..... and came back with medical degrees which were not recognised by the mci. in order to regulate the registration to such persons who had completed their degrees abroad prior to 15.3.2001, the government framed guidelines dated 15.3.2001 which were placed before the court. the court took note of the provisions of amended section 13 of the act and the fact that ..... the case any more.10. mci also gathered information that many indian students who were not eligible for admission to medical degree courses had secured admission in russian medical institutes. some of these students had secured less than 50% marks in the 10+2 examination and many had not studied biology as a subject in school. besides, there were number of students who initially ..... provisions of the act, when such students either did not have 50% marks in 10+2 or did not have biology as one of the subjects or got admitted in unrecognised medical institutions or were getting the degrees in medicine without undergoing the complete duration of the medicine course and had got admission through private agencies:-'a) the students who complete their medical degree course of ..... petitioners it was recommended that question of the screening test may be put in the ratio of 1/3rd from pre-clinical and para-clinical subjects together and the remaining 2/3rd from clinical subjects.31. in the meeting held on 23.6.2004 while considering the written submissions made by the petitioners, for exempting them from appearing again in papers .....Tag this Judgment!
Court : Allahabad
Decided on : May-28-2004
Reported in : 2004(4)AWC3148
..... . 8468 of 1997 by which the petitioners were restrained from issuing degrees in contravention to the indian medical degree act. 1916. the delhi high court observed that the petitioners do not hold the qualification/registration under the indian medical council act, 1956. indian medicine central council act, 1970. homoeopathy central council act 1973, and it gave directions to the central government to consider ..... practising medicine. it is of course a different matter that their claim has not been accepted by the expert committee appointed by the central government.24. section 2(f) of the indian medical council act, 1956, defines medicine as follows :' 'medicine' means modern scientific medicine in all its branches and includes surgery and obstetrics, but does not include ..... known as ayurveda, siddha or unani. section 14 of the said act states that the medical qualifications granted by any university. board or other medical institutions in india which is included in the second schedule to the act shall be recognised as the medical qualification for the purposes of the act.30. section 17(2) of the act states that no person other than the ..... practitioner of india medicine who possess the recognised medical qualification, and is enrolled in the state register or the central register of .....Tag this Judgment!
Court : Rajasthan
Decided on : Jun-16-2004
Reported in : RLW2004(3)Raj1718; 2004(3)WLC639
..... per the provisions of section 4, statutory powers pertaining to the subject is with the university of rajasthan ..... power was vested with the state government under section 4 of the university act which gives power to the state to make provisions for affiliated college for undertaking admission in the specialities of medical, engineering etc. sub-section (2) of section 4 of the university act gives power to the university to hold examination and to confer degrees and other academic distinction thereupon.16. as ..... and therefore only all the medical colleges in the state of rajasthan are affiliated only ..... continuance 5 years service and such candidate must belong to state medical and health service and he should be a in-service candidate.14. they further referred a rule 2(f), 2(i), 6 as well as part iv and v of the rules of 1963. by way of referring definition clause of the rules, 'members of service' are those who .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-22-2004
Reported in : (2005)139PLR812
..... medicines has filed this petition for quashing f.i.r. no. 89 dated 7.8.1999 registered against him at police station balchaur under section 15 of the indian medical council act, 1956 and section 26 of the drugs and cosmetic act.2. the aforesaid f.i.r. was registered against 59 persons, including the petitioner, on the basis of a letter written by civil surgeon ..... that he was practising in modern system of medicines.7. in view of the aforesaid affidavit, registration of fir against the petitioner under section 15 of the indian medical council act, 1956 and section 26 of the drugs and cosmetic act, was an abuse of the process of the court as the same was registered only on the ground that the petitioner was not possessing ..... taken against those persons who are practising the modern system of medicines despite the fact that they do not hold the requisite qualifications and registration under the provisions of the medical council act, 1956, or other corresponding provisions and the members of the petitioner associate are not to be affected by the impugned circular. she further stated that she would advise the ..... made in the district and it was found that 59 persons were doing medical practice in allopathy without any recognised medical qualification and without getting them registered.3. the case of the petitioner is that he has done the course of electro-homeopathy system of medicines; has passed three years degree course of b.e.m.s. in the month of april, 1998 .....Tag this Judgment!
Court : Allahabad
Decided on : May-06-2004
Reported in : (2004)2UPLBEC1404
..... that judgment.10. sri uumesh chandra, learned senior counsel for the appellant then submitted that in the indian medical council act, 1956 once a person is registered with the indian medical council then in view of section 27 thereof he has a right to practise. this aspect has also been considered in our judgment in dr ..... that in contempt jurisdiction the learned single judge could not give a direction to redraw the list as that is not permissible under section 12 of he contempt of court act.6. we have carefully examined the decision of the supreme court in j.s. parihar's case (supra), and we are ..... d.k. joshi v. state of u.p., (2000) 5 scc 80, in which several directives were issued regarding restrictions on the unqualified/unregistered medical practitioners. since these directives were not complied with, a contempt of court petition was filed in supreme court but the supreme court dismissed it saying that ..... reason to take a different view from that judgment. in that judgment we have gone into great detail about the alarming and widespread malpractice of unauthorised medical practice (quackery) prevailing in the state of u.p., and we have agreed with the judgment of the learned single judge dated 28.1.2004 ..... the learned single judge dated 28.1.2004 in contempt petition no. 820 of 2002, rajesh kumar srivastava v. sri a.p. verma and ors.2. we have already upheld that judgment of the learned single judge by a division bench decision in special appeal no. 320 of 2004, dr. ravindra kumar .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-04-2004
Reported in : 2004ACJ1441; AIR2004SC4091; 2004(2)ALD(Cri)739; (2004)3CompLJ271(SC); 2004CriLJ3870; 2004(4)CTC309; 112(2004)DLT866(SC); 2004(77)DRJ235; JT2004(6)SC238; 2004(3)MPHT503; 200
..... for compensation and at times, for punishment. distinguishing between these various categories requires careful, morally sensitive and scientifically informed analysis.'28. after examining all the medical papers accompanying the complaint, we find that no case of recklessness or gross negligence has been made out against the doctor to compel him to face the ..... and damages in tort and at the same time, if the degree of negligence is so gross and his act was reckless as to endanger the life of the patient, he would also be made criminally liable for offence under section 304a of ipc.13. section 304a of ipc reads thus:-'304a. causing death by negligence.- ..... been laid before the trial magistrate, to be true, no case for convicting the doctor for criminal negligence under section 304a ipc has been made out. he submits that in the larger interest of medical profession, the criminal proceedings instituted against his client deserve to be quashed.6. reliance is placed on the house ..... worth mentioning in the present case that the death occurred on 18.4.1994 at 2.30 p.m. and the post-mortem was conducted on 21.4.1994 at 21.4.1994 at 12.30 p.m. when sufficient degree of decomposition had started.sd/- dr. bharat singh sd/-dr. rizvi sd/-p.l ..... d.m. dharmadhikari, j. 1. leave to appeal is granted.2. the appellant who is a doctor (plastic surgeon) is in the dock as an accused on the charge under section 304a of the indian penal code [for short the 'ipc'] for causing death of his patient on 18.4.1994. the .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-28-2004
Reported in : 2004(2)AWC967; 2005(2)ESC857
..... he has to have a special qualification in pathology, i.e., either post-graduate degree or diploma.(ii) persons who hold degrees of b.a.m.s. or b.h.m.s. do not fall within the purview of holding recognised degrees under the indian medical council act, 1956, and would not be entitled to practice pathology being a part of modern ..... the impugned order before the supreme court.15. the medical council of india has notified the indian medical council (professional conduct, etiquette and ethics), regulations, 2002 (part iii, section 4, gazette of india dated 6th april, 2002). these regulations made under section 20a read with section 33(m) of the indian medical council act, 1956, with previous approval of central government, provides ..... provisions for taking appropriate action against such persons. in this letter attention was drawn to section 15 of the indian medical council act, 1956, section 17 of the indian medicine central council act, 1970, and section 30 of the united provinces medical act, 1971. the district magistrates and chief medical officers were also advised how to initiate action against these unauthorised persons. the supreme ..... a code of conduct, etiquette and ethics. chapter i (b) 1.1.3, 1.3. maintenance of medical records, 1.4 display of registration numbers and 1.9 evasion .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-09-2004
Reported in : 2006ACJ2089; 2005(1)ALD386; 2005(3)ALT40
..... , respective medical practitioners have certified that the appellants cannot discharge the functions with the same efficiency or perfection. he submits that though the percentage of disability to the respective organs was relatively less, the impact of the same on the earning capacity is substantial, and having regard to the definition of total disablement under section 2(1) of the act, the ..... for the commissioner to make an assessment as to the loss of earning capacity where such an assessment is not made by the medical practitioner. they also contend that, simply because the appellants sustained injuries of various degree, it cannot be said that they became totally disabled from discharging their functions. they submit that, in some cases, the ..... or cleaners, as the case may be, to work on the vehicles owned by various owners. all the vehicles are covered by insurance. they sustained injuries, of varying degrees, mostly to their limbs, in the accidents that have taken place on various dates. they submitted claims before the commissioner for workmen's compensation and assistant commissioner of labour ..... commissioner had arbitrarily fixed the percentage of loss of earning capacity, totally disregarding the percentage of disability.5. the act provides for payment of compensation in the event of .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-09-2004
Reported in : I(2007)ACC890
..... respective medical practitioners have certified that the appellants cannot discharge the functions with the same efficiency or perfection. he submits that though the percentage of disability to the respective organs was relatively less, the impact of the same on the earning capacity is substantial and having regard to the definition of total disablement under section 2(1)(1) of the act, the ..... the commissioner to make an assessment as to the loss of earning capacity where such an assessment is not made by the medical practitioner. they also contend that simply because the appellants sustained injuries of various degrees, it cannot be said that they became totally disabled from discharging their functions. they submit that in some cases, the commissioner ..... cleaners, as the case may be, to work on the vehicles owned by various owners. all the vehicles are covered by the insurance. they sustained injuries, of varying degrees, mostly to their limbs, in the accidents that have taken place on various dates. they submitted claims before the commissioner for workmen's compensation and assistant commissioner of labour ..... had arbitrarily fixed the percentage of loss of earning capacity, totally disregarding the percentage of disability.5. the act provides for the payment of compensation in the .....Tag this Judgment!