Court : Delhi
Decided on : Jan-19-2006
Reported in : 128(2006)DLT753; 2006(87)DRJ250; 2006(3)SLJ136(Delhi)
..... by the central council of indian medicine can be conducted by any university or institution. all degrees/diplomas have to be conferred/awarded only by a statutory body constituted by state or central act, as per the provisions of the indian medical degrees act, 1916.14. section 17 of the 1970 act states:-17. rights of persons possessing qualifications included in second, third and fourth schedules to be ..... enrolled.--(1) subject to the other provisions contained in this act, any medical qualification included in the second, third or fourth schedule shall ..... be sufficient qualification for enrolment on any state register of indian medicine.(2) save as provided in section 28 .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-22-2006
Reported in : 2007(2)ALLMR612; 2007(3)MhLj275
..... dismissed. however, it is made clear that as far as the petitioners, who claim to hold degree or diploma in electropathy or homeo-electropathy, may practice in electropathy or electrotherapy without registration as medical practitioners in view of proviso to sub-section (2) section 2 of the maharashtra medical practitioners act. at the same time it is also made clear that they will not be entitled to practice ..... come within the definition of medical practice which necessarily requires registration. such practice without registration is prohibited and punishable under section 33. as such persons do not hold recognised medical qualification under the central act, they are also not entitled to be registered as medical practitioners. as long as their practice is limited to the exception covered under the proviso to sub-section (2) of section 2 of the state ..... to ensure that unqualified persons are not allowed to practice in this field. the scheme of the act as far as it is relevant for the purpose of these petitions may be stated in brief. the important definitions of section 2(1) of the central act are as follows:2(le) 'indian medicine' means the system of indian medicine commonly known as ashtang ayurveda, siddha or .....Tag this Judgment!
Court : Delhi
Decided on : May-17-2006
Reported in : 130(2006)DLT410
..... of india had taken an executive decision on the 17th september, 1997 prohibiting certain candidates from enrolment on the medical register despite possessing the recognised medical qualifications. this decision was in the following terms:a) the students who complete their medical degree course of less than 6 years duration from institutions in erstwhile ussr shall not be eligible for registration because of the ..... of one year but had obtained distinction. he was admitted to the medical course at the tashkent state medical institute. the degree awarded by this institute known as the md physician is a duly recognised medical qualification under schedule iii, part ii of the indian medical council act, 1956 as per section 13(3) of the enactment.the petitioner has submitted that he was selected under the indo ..... be given to the language actually used by that most distinguished judge.in home office v. dorset yacht co. 1970 (2) all er 294 lord reid said, 'lord atkin's speech... is not to be treated as if it was a statute definition. it will require qualification in new circumstances.' megarry, j. in (1971) 1 wlr 1062 observed : 'one must not, of ..... course, construe even a reserved judgment of even russell l.j. as if it were an act of parliament.' and, in herrington v. british railways board (1972) 2 wlr 537 lord morris said:there is .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-05-2006
Reported in : 2007(2)ALD8
..... , which has become final, shall be confined only to the petitioners herein who obtained medical degrees from imtu, tanzania.22. the learned counsel for the 1st respondent - medical council of india while relying upon the provisos to sub-section (4) of section 13 of the act as amended by act no. 34 of 2001, with effect from 3-9-2001, further contended that it ..... the first schedule and which are included in part-i of the third schedule shall also be recognised medical qualifications for the purposes of the act as provided under section 13(1) of the act. part-ii of the third schedule contains the medical qualifications granted by medical institutions outside india prior to the date specified by the state government and as per sub ..... -section (3) of section 13 the same shall also be recognised medical qualifications for the purposes of the act. however, the persons possessing ..... training (including a postgraduate course of study or training) which would enable a student of such course or training to qualify himself for the award of any recognised medical qualification; or(ii) increase its admission capacity in any course of study or training (including a postgraduate course of study or training),except with the previous permission of the central .....Tag this Judgment!
Court : Guwahati
Decided on : Sep-04-2006
..... appellant. however, the trial court is influenced by the fact that the result of the medical test conducted on 14.3.2003 indicated non-existence of pregnancy on the appellant. section 112 of the evidence act, providing conclusive proof of legitimacy to a child born during the continuance of a valid marriage ..... of the husband should be higher than the standard of preponderance of probabilities. the standard of proof in such cases must at least be of a degree in between the two as to ensure that there was no possibility of the child being conceived through the husband. the word 'access' connotes ..... which the appellant resided with the respondent at her matrimonial home is calculated from 12.2.2003, the child was born within 280 days, which is the normal gestation period as recognised by section 112 of the evidence act. it cannot, therefore, be said that during those periods, the respondent had no ..... evidence adduced by the respondent. as noted earlier, the material facts on record are not in dispute. the appellant resided with the respondent till 12.2.2003 and, thereafter, left for her parental house. she again returned to her matrimonial home and live, together with the respondent from 10.3. ..... of 2004 granting a decree of divorce to the respondent by dissolving the marriage between the appellant and the respondent is called into question in this appeal.2. heard mr. n. mozika, the learned counsel for the appellant and also heard mr. h.r. nath, the learned counsel for the respondent.3 .....Tag this Judgment!
Court : Kerala
Decided on : Jun-08-2006
Reported in : 2006CriLJ4702; 2007(4)KLT268
..... in fact misled by such error or omission, and it has occasioned a failure of justice.31. the charge under section 304 framed against the appellant as extracted supra was with definite allegation of culpable homicide not amounting to murder by reason of administration of drug without taking precaution for reaction therefrom. this ..... difficult condition until she was admitted again in the medical college hospital on 15-7-1992. the deceased was also treated there until 29-7-1992 when she was referred to chest sanatorium, a specialised hospital, ..... because of drug reaction. but the discharge was not because of any bronchial decease. such a disease was not there when she had been discharged from the medical college hospital on 22-6-1992. at that time, her condition was 'patient better' as per ext. p 12. she had not been in any ..... johnsons syndrome', according to pw. 7, at that time. as her condition was not improving, pw.7 referred the patient on 27-5-1992 to the medical college hospital at thiruvananthapuram. she was treated there for some long time until 22-6-1992, when she was discharged, as is seen from ext. p ..... act of the accused, she cannot be convicted under section 304, indian penal code. therefore, that conviction shall have to be reversed.13. but the public prosecutor points out that the evidence on record reveals that the appellant was not a doctor. she was only a nurse. she was running the hospital. pw. 2 .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-03-2006
Reported in : RLW2006(3)Raj2424; 2006(4)WLC515
..... sanshodhan aditiniyam 2004:preamble: for establishment and incorporation of private universities.establishment of self financed private 2(v): 'statutes', 'ordinances anduniversities. 'regulations' mean respectively, thesection 2; definition clause:- statutes, ordinances and regulations(a) 'ordinance' means an ordinance of the university made under this act;of the university; , 2(u). 'sponsoring body' in relation to a(b) 'sponsoring body' in relation to ..... prohibiting the private university from offering any course for the award of first degree and/or the post-graduate degree/diploma, as the case may be, till the deficiency is rectified. para 5.2 speaks of penalty under section 24 of the ugc act against private university awarding a degree or diploma, not specified by the ugc. keeping this in view, ..... to establish a university registered under the societies re-for carrying out any or all the objectives iteration act, 1860 (central act no.21 ofenumerated in section 3 of the adhiniyam 1860);shall be made to the regulatory com- (1) 'mci' means medical council ofmission form as may be prescribed, at india, delhi;least one year before the date from ..... for technical education (aicte), the bar council of india (bci), the distance education council (dec), the dental council of india (dci), the indian nursing council (inc), the medical council of india (mci), the national council for teacher education (ncte), the pharmacy council of india (pci) etc. para 3.5 casts a duty on such universities to .....Tag this Judgment!
Court : Kerala
Decided on : Sep-29-2006
Reported in : 2006(4)KLT712
..... should have at least one year experience as tutor/registrar/demonstrator or an equivalent post in a recognised medical college imparting undergraduate training. a candidate holding medical qualification registerable under the medical council of india act, 1956 and such other qualification as may be recognized by the medical college of india from time to time is eligible to take the board's examination. candidates are ..... by this court has been conducting the said examination. it may continue to do so unless a competent body is created by the central government in terms of a parliamentary act or otherwise. allexpenses for conducting such examination shall be borne by the central government which would also provide the requisite infrastructure therefor. one test shall be held for all the ..... extent such institutional preference can be given in the matter of such admission.2. the petitioners are mbbs degree holders who, after passing the centralised entrance test prescribed for the purpose, applied for admission to the training programme for the award of the degree of diplomate of national board in the medical college, trivandrum. before going to the facts of the case, i may .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-31-2006
..... a speaking order by assigning cogent reasons, after affording an opportunity of hearing to petitioner and conducting the enquiry. such action by the university would have been definitely appreciated. but in the instant case, after careful evaluation of the material available on record, the grounds urged by petitioner and the stand taken by university, ..... he also placed reliance on another communication dated 27th november, 2003 issued by the medical council of india vide annexure-f regarding additional qualification under section 26(1) of the indian medical council act, 1956 wherein it is stated that, the m.d. (radiology), 1997 medical qualification granted by kuvempu university in respect of students trained at j.j ..... schedule of the indian medical council act, 1956. accordingly, petitioner made a request to the respondent-university, to issue the revised masters degree certificate by changing the present masters degree certificate in respect of m.d. (radiology) to m.d. (radio-diagnosis), by placing heavy reliance on masters degree certificate issued by respondents 1 and 2-university in favour of ..... . medical college, davanagere is not included in the schedule to the indian medical council act, 1956, but, post-graduation qualification .....Tag this Judgment!
Court : House of Lords
Decided on : May-03-2006
..... common with the majority of your lordships, i think that it is fair to do so. on the one hand, the defendants are, by definition, in breach of their duties towards the claimants or the deceased. but then so are many employers, occupiers or other defendants who nevertheless escape liability ..... established." for lord nicholls, proof that an employer wrongfully exposed his employee to the risk of contracting mesothelioma should be regarded as a sufficient degree of causal connexion to justify requiring the employer to assume responsibility for causing or materially contributing to the onset of mesothelioma. he does not ..... of its employee to asbestos dust, and, hence, to the risk of contracting mesothelioma, should be regarded by the law as a sufficient degree of causal connection. this is sufficient to justify requiring the employer to assume responsibility for causing or materially contributing to the onset of the mesothelioma ..... an attempt to extend the principle of liability for increasing the likelihood of an unfavourable outcome to the whole of medical negligence was narrowly rejected in gregg v scott  ukhl 2;  2 ac 176. but each member of the committee in fairchild  1 ac 32 stated the limits of ..... of mesothelioma were dead and the actions were brought by their widows under the fatal accidents act 1976. in terms of section 1(1) defendants are liable to widows "if death is caused by any wrongful act, neglect or default which is such as would (if death had not ensued) have .....Tag this Judgment!