Court : Punjab and Haryana
Decided on : Aug-10-2009
Reported in : (2010)157PLR67
..... only when granted after a specified date?. section 25 of the aforesaid act deals with provisional registration on fulfillment of certain conditions. it may be noticed that the medical degrees act, 1916 is in respect of with western medical science and that too recognizes degrees etc. by limited number of institutes, whereas the medical council act, 1933 and its successor- the medical council act, 1956 dealt with ?modern scientific medicine?. it needs ..... included in the schedules shall be sufficient qualification for enrollment on any state medical register. (2) save as provided in section 25, no person other than a medical practitioner enrolled on a state medical register,- (a) - (b) shall practise medicine in any state; (c) - 2. definitions.- in this act, unless the context otherwise requires,- (a) 'approved institution' means a hospital, health centre or other such institution recognized by ..... in issue came to be developed in the later part of 19th century i.e., later than the invention of allopathic system of medicine. the ?medicine? in section 2(f) of the act in inclusive definition to mean modern scientific medicine in all its branches including surgery and obstetrics but excludes veterinary medicine and surgery. it is thus not earlier than allopathic system of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-17-2009
Reported in : JT2009(12)SC587; 2009(12)SCALE687; (2009)10SCC313; 2009(10)LC4870(SC):2009AIRSCW6624
..... . section 3 provides for constitution and composition of ..... enacted to provide for the reconstitution of the medical council of india and the maintenance of a medical register for india and for matters connected therewith. section 2 defines certain terms and states that 'council' means the medical council of india constituted under the act. medical institution is defined to mean any institution, within or without india, which grants degrees, diplomas or licences of medicine, whereas the term ..... 'recognized medical qualification' means any of the medical qualifications included in the schedules .....Tag this Judgment!
Court : Kerala
Decided on : Aug-21-2009
Reported in : 2009(3)KLJ185
..... , is also extracted herein for ready reference.in exercise of the powers conferred by sub-section (2) of section 11 of the indian medical council act, 1956 the central government after consulting the medical council of india, hereby makes the following further amendments in the first schedule to the said act, namely in the said first schedule against 'calicut university, calicut' under the heading ..... even more frequent verification and assessment of the facilities that are provided in any medical institution by the mci which exercises statutory powers. a notification issued under section 11(2) of the act is an act of considerable import, in the statutory scheme. a degree offered by any medical institution is eligible to be treated as a recognized qualification only if it is ..... of a 'private college 1 under section 2(16) of the calicut university act would include a college maintained by an educational ..... extracted section 68a of the university act and it is significant to note that the section contains a non-obstante clause. it was brought in by the university laws amendment act 9/95. section 68 a became part of the act on the introduction of chapter 8 a in the calicut university act. it is a special provision in respect unaided colleges. the definition .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-06-2009
Reported in : 150CompCas390(AP)
..... also include sickness and maternity benefits. therefore, greater degree of vigil is required to be exercised by the corporation and its inspectors appointed under section 45 for securing faithful compliance with the provisions of the said act. in terms of section 59, the esi corporation was also required to establish and maintain hospitals, dispensaries and other medical and surgical services for the benefit of the ..... on 12.11.2008.it is stated that yet another show-cause notice dated 23.1.2009 was issued fixing the date of hearing at 11.30 am on 9.2.2009. it is asserted that the notice sent to former managing director of the company under liquidation sri k.s. reddy has been returned with postal endorsement 'no such person ..... unsecured debt of m/s. kera sinter limited towards the appellant corporation. the official liquidator rejected the rest of the claim in a sum of rs. 69,863.46 ps.2. by an order dated 28.6.1999, this court answered the reference made by bifr in rcc no. 9 of 1992 and ordered for winding up of m/s. kera ..... . 63 has been published in leading newspapers fixing the last date for receipt of the claims as 28.10.2005. in response thereto, the esi corporation acting through its regional director filed its claim on 28.2.2007 in form no. 66 making a claim in a sum of rs. 1,44,230/-. during the course of investigation, the counsel on behalf .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-06-2009
Reported in : RLW2009(1)Raj790
..... sc. nursing)2 national institute of medical sciences (nims), college ofnursing shobha nagar, jaipur (b.sc. nursing).nims university ralasthan. jaipur act. 2008section 11. short title, extent and commencement. - (1) this act may be called the nims university rajasthan, jaipur act, 2008.(2)....(3) it shall be deemed to have come into force on and from 19th january, 2008.section 2(2) definitions.- in this act, unless ..... to a university established or incorporated by or under a central act, provincial act or state act or an institution deemed to be a university under section 3 or an institution specially empowered by an act of parliament to confer or grant degrees. sub-section (3) of this section provides that 'degree' means any such degree as may, with the previous approval of the central government ..... are to be read together in the matter of recognition of degree, otherwise the provision of consultation with the medical council of india for recognition of the degree for the purpose of inclusion in schedule-i attached to section 11 of the act of 1956 would become redundant. the degree to be granted by the nims university has not been included ..... . ramanatha aiyar law lexicon (2nd edn):a mark of distinction conferred upon a student for proficiency in some art or science; university diploma of specified proficiency.encyclopedia americana'degree' - the title conferred by a college or university, signifying that a certain step or grade has been attained in an area of learning. the award of a .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-27-2009
Reported in : JT2009(5)SC206; (2010)5MLJ292(SC); 2009(3)SCALE912
..... finds place in the central register then the question of practicising in any part of the country arise. the conditions under section 23 of the central act are cumulative. since the appellants undisputedly do not possess recognised medical qualifications as defined in section 2(1)(h) their names cannot be included in the central register. as a consequence, they cannot practice in any ..... education imparted by the said hindi sahitya sammelan, prayag and expertise acquired by the holders of the aforesaid degrees awarded by the said institution. in any event, when proper medical facilities have not been made available to a large number of poorer sections of the society, the ban imposed on the practitioners like the writ petitioners rendering useful service to the ..... sammelan prayag or hindi sahitya sammelan allahabad and some other institutions whose degree and diplomas are not recognised in schedule ii of the indian medical central council act, 1970(ii) the persons who claim to be practicising in ayurved on the basis of long experience(iii) the persons who claim to hold degrees or diplomas in electropathy or homeo-electropathy.3. the present appeals ..... maintained earlier. as it is not the case of any of the writ petitioners that they had acquired the degree in between 1957 (sic 1967) and 1970 or on the date of enforcement of provisions of section 17(2) of the said act and got themselves registered or acquired right to be registered, there is no question of getting the protection under .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-21-2009
Reported in : 2009(111)BomLR3764
..... central educational institutions established, maintained or aided by the central government. for an institution to be covered by the said act, it must fall in any of the categories mentioned in section 2(d) of the said act. section 2(d) reads as under : 2. definitions. -in this act, unless the context otherwise requires, (a) xxx xxx xxx xxx(b) xxx xxx xxx xxx(c) xxx xxx ..... of engineering, indian military academy, officers training academy, etc. from january, 1989 onwards, afmc, pune is providing undergraduate degree course in medicine to the students who wish to join and serve the country as commissioned medical officers in the armed forces medical services (army, navy and air force). the selection is based on merits through all india competitive examination conducted and ..... petitioner has prayed that the respondents be directed to consider the candidature of the petitioner for admission to the mbbs degree course under other backward class category (for short, 'the obc') quota in the ensuing academic year in the armed forces medical college, pune [for short, 'afmc, (pune)']. 3. the petitioner claims to belong to the obc. on 17/1/ ..... 2008, the petitioner applied for entrance examination for the admission to the mbbs degree course in the general category. he appeared for the written test for the entrance .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-23-2009
Reported in : JT2009(3)SC424; 2009(3)SCALE86; (2009)3SCC654; 2009(3)SLJ27(SC); 2009(3)LC1401(SC)
..... decision of the government to introduce `direct payment system'. he also submitted that none of the aforesaid remaining 8 respondents have got their degrees registered under the travancore-cochin medical council (hereinafter referred to as the `medical council') as on 1.1.2000 which was an essential qualification and as such they are disqualified for the post of tutor as on ..... . as per g.o. (ms.) no. 255/84/hd dated 11.10.1984, the qualifications prescribed for the post of tutor in the government homeopathic medical college are as follows:1. a degree in homoeopathy from a recognized university in india or a recognized homoeopathic diploma with m.b.b.s. qualification or dip. n.i.h. awarded by the ..... national institute of homoeopathy, calcutta.2. permanent registration under the medical council.13. the central council of homoeopathy (minimum standards of education) regulations, 1983 provides for a minimum strength of teaching staff which was essential for a college offering degree course. on the other hand, rule 49 of the rules does not contemplate ..... homoeopathy central council act, 1973. section 15 thereof reads as follows:15. rights of persons possessing qualifications included in the second or the third schedule to be enrolled:(1) subject to the other provisions contained in this act, any medical qualification included in the second or the third schedule shall be sufficient qualification for enrolment on any state register of homoeopathy.(2) no person .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jun-09-2009
Reported in : (2009)156PLR489
..... lays down the circumstances wherein the pregnancy can be terminated and the competence of the medical practitioner[s], who can assist. section 5 of the act is an exception to section 3 and 4 of the act. the aforesaid provisions read as follows:2. definition:- in this act, unless the context otherwise requires,-[a] 'guardian' means a person having the care of the person of a minor ..... later legislations, the provisions of some of which have earlier been referred to by us. he urged that there is an inherent fallacy in understanding section 3 of the 1971 act to construe that howsoever severe may the degree of mental retardation be, the consent of the retardee alone would be required, whereas in the case of mental illness, howsoever mild it may ..... else than the guard of the institute, is enough for us to form a firm opinion that the victim has been treated like a subject, traumatised to the highest degree and has been made to witness all possible miseries. we are at pains to observe that the mechanical approach and callousness with which the welfare institutions are being apparently run ..... by j.k.mason; and[v] international human rights text and materials by dr. rebecca wallace.while dsm-iv-tr explains the universally accepted and approved methodology of determining the degree of mental retardation, the book mental retardation highlights the inherent disabilities suffered by the mental retardees and how the prejudiced misconceptual theory of 'disablism' is being practised against them by .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-27-2009
Reported in : AIR2009SC2432; 2009(4)AWC3459(SC); 2009(5)MPHT1(SC); 2009(8)SCALE660; (2009)7SCC751; 2009(7)LC3360(SC)
..... or attempts to excite disaffection towards the government established by law'. this court held that to avoid violation of articles 19(1)(a) and 19(2) of the constitution, section 124a must be limited in its application 'to acts involving intention or tendency to create disorder or disturbance of law and order or incitement to violence'.29. in our view, a balance has ..... will be no autonomy to the private unaided institutions. after all, the private unaided institutions have to generate their own resources and funds and consequently they must have a larger degree of autonomy as compared to the aided institutions or the stats governments institutions.30. in this situation, we are of the opinion that this court must use its creativity and ..... granted by the state authorities and it is also the duty of the state to see that high standards of education are maintained in all professional institutions. however, to what degree the state can interfere with respect to private unaided institutions is a matter deserving careful consideration.24. in paragraph 137 of inamdar's case (supra), it has been observed:.the ..... necessity in the present day context. it is not possible to do without them because the governments are in no position to meet the demand - particularly in the sector of medical and technical education which call for substantial outlays. while education is one of the most important functions of the indian state it has no monopoly therein. private educational institutions - including .....Tag this Judgment!