Court : Himachal Pradesh
Decided on : Jul-20-2007
Reported in : 2007CriLJ4103,2007(3)ShimLC189
..... ) of the rules framed under the act reads as follows:2. definitions.-- in these rules, unless there is anything repugnant in the subject or context-(a) to (dd) xxxxxxxxxxxxxxxxxxxxxxxx (e) to (ea) xxxxxxxxxxxxxxxxxxxxxxxx(ee) 'registered medical practitioner' means a person-(i) holding a qualification granted by an authority specified or notified under section 3 of the indian medical degrees act, 1916 (7 of 1916), or specified in the schedules to ..... the indian medical council act, 1956 (102 of 1956 ..... ); or(ii) registered or eligible for registration in a medical register of a state meant for the registration of persons practicing the modern scientific system of medicine excluding .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-01-2007
Reported in : AIR2008SC595; 2008(56)BLJR251; 2007(12)SCALE644; 2007AIRSCW7633
..... to granting of the gams degree, as the degree granted under the 1951 state act is still recognized under the 1970 central act. the 1951 state act and the 1970 central act are complementary to each other. the faculty comes under the definition of `medical institution' under section 2(f) of the 1970 central act and gams degree awarded by the faculty is a recognised medical qualification under section 14 of the 1970 central ..... act. the second schedule of the 1970 act grants authority to the faculty to grant ..... gams degree. the high court has, therefore, clearly committed an error in holding that after .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-18-2007
Reported in : 2007(6)KarLJ620; ILR2007(4)Kar4069; 2007(6)AIRKarR190
..... counsel appearing for the petitioners. section 21 of the act contemplates as to what are the qualifications for registration as medical practitioners under the act. a perusal of the said provision clearly indicates that the requisite qualification for registration is that he must possess a qualifying examination. qualifying examination would necessarily mean that he must possess a degree or a diploma in the ..... state council of ayurvedic and unani medicines is produced at annexure-b. the said certificate would relate to petitioner 3. the petitioners gave an application to respondent 2 to register them as medical practitioners in the field of ayurvedic. their applications for registration was rejected, as against which the petitioners preferred an appeal before the board. since, the appeal ..... j. gunjal, j.1. mr. b. veerappa, high court government advocate is directed to take notice for respondents 1, 3 and 4.2. the first petitioner is an association registered under the karnataka societies registration act, 1960. the other petitioners are practicing in the field of siddha, ayurveda, unani and homeopathy systems of medicines in various places in the ..... board to dispose of the appeal within a period of eight weeks. the board pursuant to the order dated 15-2-2006, dismissed the appeal holding that the petitioners are not qualified for being registered as practitioners under the act. the said order passed by the board is questioned in this petition. the impugned order is at annexure-h. .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-24-2007
Reported in : 2007(3)CHN337
..... post-graduate teaching institution;(b) qualifications;(i) mbbs degree plus post-graduate degree in any branch of medical science acquired from the universities of west bengal or from any other university/institution, equivalent qualification included in the first schedule, or the second schedule, or the third schedule in the indian medical council act, 1956 (107 of 1956);(ii) 10 years experience as professor/associate professor/reader ..... medical education branch.health/pa/(mes)/229/1m/159/95 dated, calcutta, the 3rd february, 1997.notificationin exercise of the power conferred by sub-section (1) of section 21, and with sub-section(4) of section 14, of the west bengal state health service act, 1990 (west bengal act 7 of 1990), the governor is pleased hereby to ..... refer to the notification dated 3rd february, 1997 issued by the government of west bengal, directorate of health & family welfare, medical education branch in exercise of power conferred under sub-section (1) of section 21 read with sub-section (4) of section 14 of the west bengal state health service act, 1990. the aforesaid rules are quoted below:government of west bengaldirectorate of health & family welfare .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-04-2007
Reported in : 2008(1)WLN177
..... degree from a university established by a legislative enactment unless such recognition is withdrawn and is excluded from the list of recognised qualification by amendment in the schedule in accordance with procedure laid down in the act. therefore, we need not dwell on this issue any further.20. this takes us to notice relevant provisions of the act of 1972. section 2 is the definition clause ..... university and which has been specifically recognised by the indian medical council.37. the aforesaid pronouncement of the supreme court is clearly indicative of the fact that unless otherwise ..... universities in the concerned subjects. in the case of a post-graduate degree in the concerned subject awarded by a statutory indian university, no recognition or declaration of equivalence by any other university is called for. this is all the more so in the case of a medical degree basic as well as post-graduate that is awarded by a statutory indian ..... . next case relied on by the learned counsel is sanjeev gupta v. union of india : air2005sc300 . this case relates to the controversy of continuing recognition of certain institutions imparting medical education by erstwhile member states of soviet union as a result of disintegration of soviet union. after a few rounds of litigation and consideration at various level between the government .....Tag this Judgment!
Court : Allahabad
Decided on : May-17-2007
Reported in : 296ITR616(All)
..... case also while interpreting clause (iv) of sub-section (2) of section 17 of the act.10. as in the present case, the payment has been made by the employer to the hospital concerned directly but the reimbursement has been made to the assessee would not come under the word 'perquisite'. providing of reimbursement towards medical expenditure also cannot be considered as an amenity provided ..... to the respondent-assessee by his employer would clearly fall within the provisions of clause (iv) of sub-section (2) of section 17 of the act and, therefore, be treated as perquisite for the purposes of salary. clause (iv) of sub-section (2) of section 17 of the act which is to the following effect is included in the word 'perquisite'.any sum paid by the employer in ..... any obligation which but for such payment would have been payable by such employee' in section 40(a)(v) and similar words found in section 40a(5)(a)(ii) as well, i.e., in sub-clause (iv) of the definition of 'perquisite' in clause (b) of explanation 2 to sub-section (5). what do they mean? the said words contemplate a situation where the assessee makes ..... is not evidently a payment to the employee but to a third party, no doubt, on account of the employee. sub-clause (v) of the definition of 'perquisite' in clause (b) of explanation 2 to sub-section (5) also refers to cash payment but that too is not to the employee, though undoubtedly for his benefit.9. it has held that cash payment .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Jun-20-2007
Reported in : 2008(1)ShimLC294
..... disease is attributable as well as aggravated by the military service. this court is fortified in coming to this conclusion on the basis of the opinion of the medical board as discussed above.7. the jammu and kashmir high court in col m.l. sethi (retd.) and etc. v. union of india and ors. ..... same ailment due to which he was placed in low medical category. army order 146/77 to suggest that category 'c' jco embraces all personnels, who are not fit for active service with units/formation head ..... held as under:having once acquired the eligibility for being granted the disability pension and disability benefits at a stage when the petitioner was placed in low medical category (permanent), he could not have been denied the benefit of the same in case he sought and was allowed discharge later on due to the ..... direct result in the injuries sustained by him.consequently the request of the petitioner for discharge was to be considered on medical grounds and he is to be placed under category 13(3) item no. ii (ii) of the army rules, 1954. the next question which requires consideration by this court is that whether the disability ..... is due to attributable to service. in view of this the pcda (p), allahabad could not reject the case of the petitioner for disability pension.4. the act of the respondents of putting the petitioner under rule 13(3) item iii (iv) of the army rules, 1954 is not in accordance with law. the .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Apr-05-2007
Reported in : 2008(1)JKJ386
..... (other than licentiate category andces qualifications) to the indian medical from class iii council act, 1956. holders of category (a). educational qualifications included in part ii of the third schedule should fulfill the conditions stipulated in sub-section (3) of section 13 of the indian medical council act, 1956; and (ii) possession of post-graduate degree qualification in any subject mentioned in part 'a' of ..... 7 'b'ces/ schedule (other than licentiatefamily qualification) to the indian medicalwel- council act, 1965. holders offare educational qualification included inpart-ii of the 3rd schedule shouldfulfill the conditions stipulated in the sub-section (3) of section 13of the indian medical council actpossession of a post graduate degree in any subject mentioned in part 'a' of the annexure to this schedule with seven ..... (07) years administrative experience.15. under both the rules only the persons borne on the cadre of medical gazetted ..... government order no. 749-mme of 2002 dated 17.7.2002s. no. name of the d.o.b. date of remarksdoctor regularappointment as medical super-intendent1 2 3 4 5 1. dr. muzaffar 2.12.50 10.12.85 the doctor has been adjusted asahmed director health services kashmir2. dr. jasbir singh 1.10.52 12.1.95 .....Tag this Judgment!
Court : Central Administrative Tribunal CAT Delhi
Decided on : Feb-02-2007
..... the learned counsel for respondents that only the specifically enunciated recommendations could be considered by the government and further that since there was no mention of career progression scheme in definite terms, the applicants could not make a grievance out of a dissimilar career progression scheme granted to them. it is not the case of the respondents that the vcpc ..... doctors read as under: 55.291 on the question of upgrading the veterinary officers uniformly and bringing them at par with medical doctors, we observe that a degree in veterinary science is comparable to an mbbs degree and holders of those degrees in both cases are registered and authorized to practice medicine, authenticate health certificates and give evidence as experts under the indian ..... 15200 after four years and the next upgradation to rs. 12000-16500 after six years instead of five years. besides, the benefit of the third upgradation has been totally denied.2. the applicants have, therefore, impugned the order dated 5.4.2004 and claimed that such action of the respondents is illegal because they constituted a committee instead of implementing ..... evidence act. we also feel that there is no apparent reason to keep one of the two categories in a lower status. we, therefore, recommend that posts requiring a degree of b.v.sc. & ah with registration in the veterinary council of india as the .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Jun-18-2007
Reported in : 2008ACJ433
..... negligence or recklessness, to be so held, must be of such a high degree as to be 'gross'. the expression 'rash or negligent act' as occurring in section 304-a of indian penal code has to be read as qualified by the word 'grossly'.(7) to prosecute a medical professional for negligence under criminal law it must be shown that the accused ..... a reasonable man guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. the definition of negligence as given in law of torts, ratanlal & dhirajlal (edited by justice g.p. singh), referred to herein-above, holds good. negligence becomes actionable on account of ..... complaint and that such complaint is likely to lead to legal action or disciplinary proceedings, a relationship of suspicious formality between persons is inevitable, (ibid, pp. 242-243).(ii) culpability may attach to the consequence of an error in circumstances where sub-standard antecedent conduct has been deliberate and has contributed to the generation of the error or to ..... pre-anaesthetic regime was found normal and usual clinical doses have been given to the deceased. this was followed by injection lignocaine in correct therapeutic doses (6 ml of 2 per cent lignocaine with adrenaline).intolerance (hypersensitivity reaction) to lignocaine resulted in severe anaphylactic reaction soon. proper resuscitation measures were promptly and adequately instituted but in spite of these .....Tag this Judgment!