Court : House of Lords
Decided on : May-20-2009
..... medicine from either a uk publicly funded institution or a uk bona fide private education institution which maintains satisfactory records of enrolment and attendance". since the appellants medical degree was obtained in nigeria, she could not satisfy the amended version of the rules and so, by the respondents decision of 26 april 2006, was refused leave to remain ..... then in forcestatement of changes in immigration rules hc299 which came into force on 19 july 2005provided that a person with an overseas medical degree would (subject to certain other requirements including registration with the general medical council) be eligible for such leave. 21. after undertaking a further clinical attachment, it was confirmed to the appellant that the basic surgical ..... laying before parliament statements of those rules and of any changes thereto. however, neither section purports to be the source of the power to make such rules. the definition of immigration rules in section 33(1) of the 1971 act takes matters no further: it refers back to section 3(2), and makes it clear that any reference to the rules is to the rules ..... training she had received was, in the view of the uks postgraduate medical education and training board, acceptable and on 17 january 2006 she made her application for leave to remain as a postgraduate doctor. she completed the prescribed form and enclosed .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-28-2009
Reported in : AIR2010SC235; 2010(2)BomCR472; JT2009(11)SC409; (2009)8MLJ658(SC); 2009(11)SCALE813; (2009)9SCC1; 2009(9)LC4151(SC):2009AIRSCW5909:2009(5)LHSC3204.2009(12)Scale813
..... of mind of a person which is specially characterised by subnormality of intelligence.15. the same definition of 'mental retardation' has also been incorporated in section 2(g) of the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999. these legislative provisions clearly show that persons who are in a condition of 'mental retardation ..... , the pregnancy can be terminated if the guardian of the pregnant woman gives consent for the same. the only other exception is found in section 5(1) of the mtp act which permits a registered medical practitioner to proceed with a termination of pregnancy when he/she is of an opinion formed in good faith that the same is 'immediately necessary ..... and supervision throughout the pregnancy as well as for the purposes of delivery and childcare after birth. maternal responsibilities do entail a certain degree of physical, emotional and social burdens and it was proper for the medical experts to gauge whether the victim is capable of handling them. the counsel for the respondent also alerted us to the possibility that ..... 2856 (xxvi) of 20 december, 1971] which have been reproduced below:1. the mentally retarded person has, to the maximum degree of feasibility, the same rights as other human beings.2. the mentally retarded person has a right to proper medical care and physical therapy and to such education, training, rehabilitation and guidance as will enable him to develop his ability and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-25-2009
Reported in : 2009(57)BLJR1022; JT2009(4)SC43; 2009(3)SCALE293; (2009)4SCC590; 2009(2)LC1022(SC)
..... the co-ordination and determination of standards in universities and for that purpose, to establish a university grants commission. its directions being binding on ignou, sub-section (2) of section 5 of the open university act would not make the legal position otherwise. reliance has been placed upon a decision of this court in indian express newspapers pvt. ltd. v. union of ..... sub-section (2) of section 5 of the open university act provides for a non-obstante clause. in any event, open university act being a later enactment and both statutes having been passed by the parliament, the provisions of open university act would prevail over the ugc act.v. in any view of the matter as from 1995 till 2005 several persons have received degrees issued ..... court in osmania university teachers association v. state of andhra pradesh and anr. : 3scr949 , held as under:14. entry 25 list iii relating to education including technical education, medical education and universities has been made subject to the power of parliament to legislate under entries 63 to 66 of list i. entry 66 list i and entry 25 list ..... university act does not arise. 15. entry 66 of list i of the seventh schedule to the constitution of india reads thus:66. co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions.`education' is also in the concurrent list; entry 25 whereof reads as under:25. education, including technical education, medical .....Tag this Judgment!
Court : Patna
Decided on : Jun-24-2009
..... . this has also been followed in m.d. (general medicine) 2005-2008 examination, i do not find that examination was conducted in violation of section 39 of the patna university act or regulation as well as medical council of india regulation, 2000. the allegation made by the petitioner that entire examination was one man show of respondent no. 6 has no substance ..... in law. it has been stated by the petitioner that examination of m.d. (general medicine) 2005-2008 has been conducted in breach of examination rules of patna university act and medical council of india rules. this has been done at the instance of respondent no. 6 on account of abuse of power. it is not in dispute that patna university ..... examination has been made a mockery. the internal examiner was appointed ignoring seniority. as per regulation, head of the department can not be an examiner in the examination of those medical colleges from where externals are selected, but, respondent no. 6 is coneccted with examinations of those universities from where externals were selected for conducting examination of m.d. (general ..... subject to the provisions of the act and ordinances in the matters of (a) courses of studies, (b) condition of attempts and eligibility for awarding degree and diploma, (c) creation of teaching, faculty, constitution, power and functions of the examination board, (d) mode of appointment and duties of the examiners and conduct of examination. clause (2) of section 39 proscribes procedure for framing of .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Apr-10-2009
Reported in : AIR2010J& K18
..... in the first schedule shall be recognised medical qualifications for the purposes of this act.section 12 : recognition of medical qualifications ..... the indian medical council act, 1956 cited by the mr. jan, learned counsel for the petitioners are as under:2(e) 'medical institution' means any institution within or without india, which grants degrees, diplomas or licences in medicine;2(h) 'recognised medical qualification' means any of the medical qualifications included in the schedules:section 11 : recognition of medical qualifications granted by universities or medical institutions in india.- (1) the/medical qualifications granted ..... by any university or medical institution in india which are included .....Tag this Judgment!
Court : Kerala
Decided on : Mar-13-2009
Reported in : 2009(1)KLJ820
..... of calicut and depute a team to inspect these two institutions for the purpose of approval under section 11(2) of the indian medical council act.vi) thereafter they shall proceed to exercise the statutory powers under the indian medical council act in the matter of recognizing the final degree, that is offered by these two affiliated colleges of the university of calicut it is only appropriate ..... and the decision of the syndicate thereon shall be placed before the senate.so, if there is any serious deficiency in the manner of running the college, the university can definitely take action against the college and disaffiliate it. going by the decisions of the apex court in similar cases, when the mci recommends for approval of the college to the ..... the said provision reads as follows:14. withdrawal or suspension of affiliation:--the syndicate shall have the power at any time after due enquiry to withdraw or suspend for a definite period the affiliation granted to a college, provided that before taking such action the syndicate shall inform the management of the college concerned of the findings after the enquiry and ..... respondent's college, it can ask the university to grant affiliation, instead of asking the university to consider the application for affiliation. if such an order is passed, that will definitely be within the four corners of the powers of this court under article 226 of the constitution of india. declaratory relief is also part of prerogative remedies, which is employed .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-23-2009
..... by a judicial magistrate of the first class or any metropolitan magistrate.16. on behalf of respondent no. 2/shipping corporation of india limited, it was submitted that the petitioner is certainly a seaman within the meaning of section 2(42) of the merchant shipping act, 1958 which reads:(42) 'seaman' means every person (except a master, pilot or apprentice/employed or ..... the writ petitioner to send an advocate's letter. on 10th may, 1999, the petitioner was selected for voyage and was again directed to appear before the nominated medical officer for medical check up and examination for pathological test. on 19th may, 1999, the petitioner signed on the articles of agreement in the vessel m.t. vashaveshwara. the petitioner ..... of not releasing and paying due overtime. he also raised dispute regarding various irregularities in giving remark on the respective column of the continuous discharge certificate particularly relating to medical illness. it was required to be done by the shipping master on the recommendation of the captain of the ship. this was not observed by the respondents-authority. ..... . all the claims were duly settled. payment of income tax was his statutory obligation. the petitioner was treated at willington hospital, madras under the medical supervision of respondent no. 2. since termination was on medical ground, he repatriated to his port of engagement at calcutta. the recruitment of crew for a particular voyage depends on the shipping master and the respondent .....Tag this Judgment!
Court : Guwahati
Decided on : Feb-20-2009
Reported in : (2009)IIILLJ513Gau
..... industrial disputes act 1947 (14 of 1947), as in force for ..... :6.(2) the provisions of the ..... contended that when the act of 1947 came into force, the medical representatives were not treated as workmen and also did not fall within the definition of section 2 of the act of 1947, but after 1987 the medical representatives are very much treated as workmen in view of the provisions of section 6(2) of the spe act. for ready reference section 6(2) of the spe act is quoted herein below .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-24-2009
Reported in : (2009)156PLR231
..... under the conditions of his service which are similar to the benefits conferred by the esi act. in my view, the facts of the instant case do not fall under first part of the section as the medical reimbursement does not cover by the definition of wages. section 2(22) of the esi act defines 'wages', which is reproduced as under:'wages' means all remuneration paid or payable ..... do not want to press the prayer of quashing the order dated 13.8.1986 (annexure p3). however, he submitted that in view of section 72 of the esi act the respondent-milk-fed cannot discontinue the medical reimbursement of rs. 50/- which was available to the petitioners under the conditions of their service. he submitted that the benefits provided by the ..... excludes any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment it also includes the medical reimbursement.9. as far as second part of section 72 of the esi act is concerned, it provides that no employer shall directly or indirectly reduce or discontinue, except as provided by the regulations, any benefits payable ..... employer prior to the enforcement of esi act can be discontinued or reduced only if so provided under section 97(1) of the esi act. according to the learned counsel, the benefits provided under the esi act are supplementary to the medical benefits received by the petitioners under the service conditions and the same cannot be discontinued .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-06-2009
Reported in : 320ITR188(P& H)
..... 1967 to 1970 and on behalf of the ford foundation as sr. economic advisor to the government of saudi arabia. dr. gill was the first indo canadian to earn a medical degree from the university of british columbia and the first indo canadian to practice medicine in canada. so far as the delay in filing the application is concerned, the plea of ..... in the circumstances of the case and in law, the order of the hon'ble, income-tax appellate tribunal in condoning the delay in filing the application for registration under section 12a of the income-tax act, 1961, is perverse as it is based on wrong facts and since the registration was not granted on the basis of the original trust deed ..... ?2. the assessee is a trust which was created on february 26, 2002, and was registered with the sub registrar, chandigarh. application under section 12a of the act was made on may 29, 2007, which was beyond the stipulated time. the assessee filed application for ..... 1. the revenue has preferred this appeal under section 260a of the income-tax act, 1961 (for short, 'the act') against the order dated july 31, 2008, passed by the income-tax appellate tribunal, chandigarh bench 'a' in i.t.a. no. 66/chandi/2008 for the assessment year 2003- .....Tag this Judgment!