Court : Mumbai
Decided on : Nov-06-2009
..... the proceedings, but then what conferred jurisdiction upon the arbitrators to hear and decide a dispute was an arbitral agreement, as defined in section 2[a] of the arbitration act and when there was no such agreement, there was initial want of jurisdiction which cannot be cured by acquiescence. it is therefore, ..... the petitioner in the matter in exercise of powers under section 11 of the maharashtra act no. 23/2001. it is contended that when the maharashtra act no. 23/2001 came into force, petitioner had already taken admission to m.b.b.s. degree and he has been admitted to m.d. course in ..... the orders of this court in writ petition no. 1724/1998 dated 23.12.2004 show that the director of medical education and research, maharashtra state, mumbai was directed to accept and consider application of petitioner for admission to pg and cet 2005 post graduate ..... medical entrance examination in scheduled tribe category provisionally. thus the consideration and admission of petitioner to post graduate courses is provisional. he filed ..... no. 1724/1998 are also pointed out to show that this court directed the directorate of medical education and research to accept and consider the application of petitioner for admission to p.g. in cet 2005 post graduate medical entrance examination in scheduled tribe category. judgment of this court reported at : 2006  .....Tag this Judgment!
Court : Kerala
Decided on : Dec-18-2009
..... that the patient herself stated so. that being so, the said statement of the deceased to the doctor can be treated as a dying declaration as envisaged under section 32(1) of evidence act. the fact that the deceased told pw10 as stated above is not seriously disputed. the evidence of pw10 proved ext.p12.19. pw11 is the head constable who ..... and pw10 the then assistant surgeon of general hospital, pathanamthitta who examined the deceased and issued the wound certificate ext.p12 and pw12, the then assistant professor of forensic medicine, medical college, thiruvananthapuram who conducted postmortem examination on the dead body of deceased and issued the postmortem report ext.p15.12. the case of the prosecution is that accused used to ..... 3. pw10 , the then assistant surgeon , pathanamthitta who treated the deceased mohanakumari on 17-06-1999 at 6.10 am, issued the wound certificate ext.p12. accused has suffered second degree burns involving the upper part of the body. pw11, the then head constable of pathanamthitta police station on receipt of intimation from the hospital proceeded to the general hospital, pathanamthitta ..... inquest report ext.p7 in the presence of witness. pw15 is circle inspector of police who laid the charge before the committal court. pw16 is the judicial first class magistrate ii, thiruvananthapuram who recorded the dying declaration of the deceased ext.p25.4. when the accused appeared before the committal court, copies of documents relied on by the prosecution were .....Tag this Judgment!
Court : Allahabad
Decided on : May-29-2009
Reported in : AIR2009All141
..... under section 13 (1) (i-a) of the hindu marriage act, 1955 cruelty includes both physical and mental cruelty. the legal conception of cruelty and the kind of degree of cruelty necessary to amount to a matrimonial offence has not been defined under the act. the legislature has refrained from giving a comprehensive definition of ..... treatment of the plaintiff is not based upon any evidence and is vitiated on account of non-consideration of the provisions of section 23 (1) (a) of the hindu marriage act? 2. whether the trial court misconstrued the meaning and import of cruelty while deciding the issue no. 1 in favour of ..... mumbai office to the head office at lucknow on 24.06.1995; that the defendant came to lucknow in mid august, 1995 for regular medical check up the daughter whose condition had deteriorated considerably since she had left mumbai for gorakhpur in january, 1995; that upon coming to know of ..... agony and suffering as would not make possible for the parties to live with each other could come within the broad parameters of mental cruelty. (ii) on comprehensive appraisal of the entire matrimonial life of the parties, it becomes abundantly clear that situation is such that the wronged party cannot ..... the meaning and import of cruelty while holding that the defendant treated the plaintiff with cruelty and in decreeing the suit. points no. 1 and 2 are decided against the defendant-appellant. point no. 3. 25. the submission of the learned counsel for the appellant that the trial court .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Nov-24-2009
Reported in : 2010(1)MPHT349
..... dwitiya sanshodhan) adhiniyam of 1998 provides for retirement of teachers at the age of 62 years and the same reads as under:2. amendment of fundamental rule 56 as substituted by section 2 of the madhya pradesh act no. 29 of 1967.-- in section 2 of the madhya pradesh shaskiya sevak (adhivarshiki-ayu) adhiniyam, 1967 (no. 29 of 1967), after sub-rule (1) of rule ..... subsequently promoted to the post of principal. the principal is also involved in teaching activities and by no stretch of imagination, the post of principal can be excluded from the definition of a 'teacher' as has been done in the present case by the respondents/state. once the respondents have extended the benefit of continuance in service by treating the ..... dues.10. the writ petition is allowed with the following directions:(a) the petitioner being a teacher shall be entitled for two advance increments on acquiring the ph.d. degree with effect from 31-7-1998.(b) the recovery initiated against the petitioner is hereby quashed.(c) the respondents are directed to finalize and to release all terminal dues of ..... :-- for the purpose of this sub-rule 'teacher' means a government servant by whatever designation called, appointed for the purpose of teacher in government educational institution including technical or medical educational institutions, in accordance with the recruitment rules applicable to such appointment and shall also include the teacher who is appointed to an administrative post by promotion or otherwise and .....Tag this Judgment!
Court : Chennai
Decided on : Aug-07-2009
Reported in : (2009)6MLJ1162
..... courses of its choice and selection. it is a full-fledged university recognised by the university grants commission also. the definition of 'technical institution' contained in section 2(h) of aicte act excludes from its purview a 'university'. when by definition a 'university' is excluded from a 'technical institution', to interpret that such a clause or such an expression wherever ..... petitioner. in fact, the respondent universities are empowered to affiliate the colleges and to provide for instructions, training, research and for dissemination of knowledge and to award degrees, diplomas and other academic distinctions, in engineering, technology and allied sciences. in such circumstances, the writ petition filed by the petitioner is devoid of merits and it ..... sc. (electronic media), m.sc. (electronic media), both 3 and 5 year integrated programmes, m.sc. (maths), m.sc. (computer science), m.sc. (visual communication), m.sc. (medical physics), m.sc. (applied chemistry) and the anna university, tirunelveli, is offering m.sc. (software engineering), m.sc. (information technology) and m.sc. (computer technology) programmes.9. in ..... the legislative council of india. later, it was consolidated, under the university of madras act, 1923, catering to higher education. it has been serving as an affiliating university for arts and science, medical and engineering colleges. in the year, 1978, the anna university act came to be enacted. accordingly, the anna university was set up at chennai, as .....Tag this Judgment!
Court : Patna
Decided on : Jun-24-2009
..... , the standard should be proved of recklessness and deliberate wrongdoing, i.e., a higher degree of morally blameworthy conduct. mere lack of proper care, precaution and attention or inadvertence might create civil liability and not a criminal one. it also ..... that in cases of alleged criminal offence against the doctor causing death of his patient during treatment, the act complained against the doctor must show negligence or rashness of such a higher degree as to indicate a mental state which can be described as totally apathetic towards the patient.10. then ..... improper or incorrect. he merely opined that the action ought to have been taken earlier. this by itself cannot be said to be an act of negligence since the time factor happens to be the personal opinion of the individual.12. in the entire complaint petition, there is no ..... the mutual confidence between a doctor and the patient. every mishap or misfortune in the hospital or clinic of a doctor is not a gross act of negligence to try him for an offence of culpable negligence. the bench categorically observed that for conviction of a doctor for alleged criminal offence ..... with accused nos. 2 and 3 in performing the repeated caesarean operations for greed of money and retaining the patient in the clinic for extorting money, misappropriating the medicines and medical aid on the pretext of post operative services and as such a prima facie case under sections 304a, 338 and 447 .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Dec-07-2009
Reported in : 2010(1)MPHT252
..... entitled to evict the appellant on the ground under section 12(1)(c) of the act. the appellant amended the written statement and denied that the provisions of section 12(1)(c) of the act are attracted. it is also pleaded that for providing tmt, eco, ecg and doppler facility the medical practitioner must possess the degree in radiology/radio diagnosis. the respondent does not possess ..... m.p. accommodation control act.13. in the case of jagdamba prasad khandelwal v. shanti devi 2002 (1) mpwn 12, it has been held that in an ejectment suit, the ..... denied the title of the respondent. the respondent by way of amendment gave the detailed particulars about the execution of registered will dated 10-2-1988 and also claimed the decree under section 12(1)(c) of the act on the ground that denial of the title by the appellant is likely to affect adversely and substantially the interest of the respondent and ..... (mst.) v. jagmohan arora 2000 (2) mpwn note no. 142, gwalior bench of m.p. high court has held that it is not necessary for the landlord to produce the document of her title when defendant had admitted the relationship of landlord and tenant. once rent is paid to landlady, she shall be landlord within the definition of the landlord under the .....Tag this Judgment!
Court : House of Lords
Decided on : Jun-17-2009
..... to an offender suffering from a mental disorder". in respect of such a person a court can now combine a hospital direction with a penal sentence - see section 45a of the 1983 act. 14. the comments of both mustill lj and lord bingham recognised that a mentally disordered offender whose mental condition did not satisfy the test of insanity or render ..... form of hospital order is unsatisfactory, particularly those who are considered to bear a significant degree of responsibility for their offences. the order would enable the courts, in effect, to pass a prison sentence on an offender and at the same time order his immediate ..... government proposes changes in the arrangements for the remand, sentencing and subsequent management of mentally disordered offenders to provide greater protection for the public and to improve access to effective medical treatment for those offenders who need it. the central change, if adopted, would be the provision of a hybrid order for certain mentally disordered offenders for whom the present ..... punishment: for the present purposes it is, we believe, sufficient to note that the choice of prison as an alternative to hospital may arise in two quite different ways: . . . (2) where the sentencer considers that notwithstanding the offenders mental disorder there was an element of culpability in the offence which merits punishment. this may happen where there is no .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-16-2009
Reported in : 2009(3)BomCR631; 2009(111)BomLR2231; 2009(4)MhLj847
..... tribes, denotified tribes (vimukta jatis) nomadic tribes, other backward classes and special backward category (regulations of issuance and verification of caste certificate) act, 2000. section 10(3) of the act provides that notwithstanding anything contained in any act, any degree,diploma or any other educational qualification acquired by a person after securing admission on the basis of a false caste certificate shall stand cancelled ..... protection, as we have already held in our judgment dated 19th december 2007, cannot be granted in the face of the bar contained in sub-sections (1) and (3) of section 10 of the act.in fact, even the submissions which have been noted in paragraph 4 of the judgment dated 19th december 2007 clearly record the statement that though the ..... . however, in pursuance of the liberty granted by the division bench to the petitioner to submit a representation to the state in so far as her admission to the medical course is concerned, the petitioner submitted a representation. the petitioner was informed that her admission which was granted against the reserved category, namely as a member of a scheduled ..... counsel for the petitioner seeks permission to withdraw the petition as he would like to move the high court. permission is granted. the special leave petition is dismissed as withdrawn.'2. the claim of the petitioner to belong to the khatik community, which is a scheduled caste, was invalidated by the caste scrutiny committee. the decision of the scrutiny .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-01-2009
Reported in : ILR2009KAR3135; 2009(5)KarLJ228:2009(4)KCCR2465
..... shall exercise general supervision and control over the affairs of the university. he shall exercise all powers necessary for the due maintenance of discipline in the university. sub-section (2) of section 13 of the act further clarifies that the vice-chancellor, may, if he is of the opinion that the immediate action is necessary on any matter, exercise any power conferred on any ..... of the vice-chancellor to bring an amendment to the ordinance was in the wider interest of the system of education touching the medical field. the vice-chancellor, in order to genuinely bring seriousness in studies relating to medical field, seems to have issued the impugned notification/ordinance. but the procedure adopted by the vice-chancellor to bring amendment to the ..... of the university;(c) conditions under which students shall be admitted to the courses of study leading to degrees, diplomas and other academic distinctions of the university;(d) conduct of examination of the university and the conditions under which students shall be admitted to such examinations;(e) manner in ..... amend or repeal the same.(2) subject to the provisions of this act and the statutes, the ordinance may provide for the following matters, namely:(a) admission of the students to the university and its affiliated colleges and the levy of fees for admission to the university, colleges and university laboratories;(b) courses of study leading to degrees, diplomas and other academic distinctions .....Tag this Judgment!