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A Citizen of India Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR1996KAR3136; 1996(7)KarLJ426

..... are:(i) whether parliament is competent to regulate admission capacities of educational institutions including medical and dental colleges by incorporating section 10a, 10b and 10c in the indian medical council act as has been done with effect from 27.8.1992,(ii) whether, keeping in view the said amendment in the central act, the inconsistent provisions contained in the existing state legislations have become void on account repugnancy and only the law made by the parliament will ..... the state government to take corrective steps to reduce the admission capacities of the medical colleges, so as to bring it in inconformity with the admission capacities determined by the council, the learned advocate general has raised the following propositions:-(i) mci has no statutory authority under the indian medical council act, 1956, or any other existing law to fix the admission capacities of the medical colleges;(ii) even the provisions of section 10a, 10b or 10c as inserted in the principal ..... act by the indian medical council (amendment) act, 1993, does not vest any power in the council to determine the admission capacities of the medical colleges, and,(iii)even after 1.6.1992 or .....

Dhanraj Vs. Gulbarga University, Gulbarga and Another

Court : Karnataka

Reported in : ILR1999KAR3880; 1999(5)KarLJ297

..... the 'bams' course is governed by the regulations for the ayurvedacharya (bachelor of ayurvedic medicine and surgery) degree course (in short, the 'university regulations') framed by the respondent-university under section 39 of the karnataka state universities act, 1976 as also those framed by the central council of indian medicine (in short, the 'central council') under section 36 of the indian medicine central council act, 1970 (in short, the 'central act'). ..... the provisions of the central act are pari materia with those of the indian medical council act, 1956.8. ..... -'the indian medical council act is relatable to entry 66 of list i (union list). ..... the regulations framed by the central council under the central act are called 'central council of indian medicine (minimum standards of education in indian medicine) regulations, 1986 (in short, the 'central regulations'). ..... regulations framed under section 33 of the medical council act with the previous sanctions of the central government are statutory. ..... if a regulation falls within the purposes referred under section 33 of the medical council act, it will have mandatory force. ..... section 22 of the central act empowers the central council to prescribe minimum standards of education in indian medicines by framing regulations. ..... - (1) the central council may prescribe the minimum standards of education in indian medicine, required for granting recognised medical qualifications by universities, boards or medical institutions in india. .....

Kavita Pabby and Others Vs. Rajiv Gandhi University of Health Sciences ...

Court : Karnataka

Reported in : 2000(3)KarLJ182

..... paragraph 25 of the report reads as under:'the indian medical council act is relatable to entry 66 of list i (union list) ..... the said regulation has been framed under section 33 of the indian medical council act, 1956. ..... these regulations are framed to carry out the purposes of the medical council act and for various purposes mentioned in section 33. ..... regulations framed under section 33 of the medical council act with the previous sanctions of the central government are statutory ..... a regulation falls within the purposes referred under section 33 of the medical council act, it will have mandatory force. ..... conducted by the university is admittedly governed by the regulations framed by the medical council of india for postgraduate medical education, 1997 ('the m.c.i. ..... prevails over any state enactment to the extent the state enactment is repugnant to the provision of the act even though the state acts may be relatable to entry 25 or 26 of list iii (concurrent list). ..... in the case of medical council of india v state of karnataka and others, the supreme court has held the said regulation to be mandatory having overriding effect over any state law or ..... the above judgment, the vice-chancellor of the respondent-university, under the guise of its powers under section 13(2) of the rajiv gandhi university of health sciences act, 1994, framed the following regulations:'in exercise of the powers conferred under section 13(2) of the rajiv gandhi university of health sciences act, 1994 (karnataka act no. .....

Dr. Y.K. Nagarajaiah Vs. the Vice-chancellor, Kuvempu University and o ...

Court : Karnataka

..... (radiology) 1997 medical qualification granted by kuvempu university is not included in the schedule to the indian medical council act, 1956, but the post-graduate qualification by the nomenclature of m.d, (radio-diagnosis), 1997 granted by kuvempu university is recognised by the council and is included in the schedule of the indian medical council act. ..... medical college, davanagere is not included in the schedule to the indian medical council act, 1956, but, post-graduation qualification by the nomenclature of m.d. ..... 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. ..... medical college, davanagere is recognised by the council and included in the schedule of the indian medical council act, 1956. ..... (radio-diagnosis), it can further be seen that, the medical council of india by its communication dated 27th november, 2003 vide annexure-f to the petitioner, has clarified the fact that, m.d. .....

Dr. Manish Joshi, Madhurai and Others Vs. the Registrar, Karnataka Med ...

Court : Karnataka

..... in exercise of the powers conferred by section 33 of the indian medical council act, 1956, the medical council of india with the previous sanction of the central government made the medical council of india regulations, 2000 which was published in the gazette of india on 15-11-2000 ..... the state medical council has been defined in sub-section (j) of section 2 of the indian medical council act which reads as follows:- (j) state medical council means a medical council constituted under any law for the time being in force in any state regulating the registration of practitioners of medicine; sub-section (k) defines the state medical register as follows:- (k) state medical register means a register ..... would neither be the aim or the object of either the indian medical council act, 1956 or the karnataka medical council registration act, 1961. ..... (2) the medical council may, at any subsequent date if it thinks fir and shall on a decision to that effect of the central government under sub-section (2) of section 24 of the indian medical council act, 1956, direct that any name so removed shall be re-entered. ..... (1) every person who hold any of the medical qualifications included in the schedules to the indian medical council act, 1956 (central act 102 of 1956), may apply to the registrar giving a correct description of his qualifications, with the dates on which they were granted, and present his degree, diploma or licence long with (prescribed fee) for being registered under this act. .....

K.L.E. Society and anr. Vs. Rajiv Gandhi University of Health Sciences ...

Court : Karnataka

Reported in : 2003(2)KarLJ480

..... counsel appearing for the respondents contend, the indian nursing council act of 1947 being a central legislation it would have an overriding effect on the act which is a state legislation and therefore if the power to fix the intake rests with the indian nursing council the government has no power to fix ..... contention, it is necessary to have a look at the provisions of the indian nursing council act of 1947 (hereinafter referred to 'inc act') to find out whether the said act empowers the council to fix the intake of any of the nursing courses.16. ..... the government and when once the government has sanctioned the intake of four students in each discipline, it is not open to the first respondent-university to refuse to approve the admissions on the ground that the indian nursing council has fixed the intake at four seats, and therefore submits, the order of the first respondent-university directing the second petitioner-college to discharge respondents 5 to 8 is liable to be quashed and a direction to ..... in the case of medical council of india, supra, prior to the amendment to the indian medical council act, 1966, it is the state ..... provisions of sub-section (2) of section 13 of the indian nursing council act of 1947. ..... sub-section (1) of section 16 of the inc act the council has made the regulations which are called as indian nursing council regulations. ..... the inc act was passed to constitute an indian nursing council in order to establish a uniform standard of training for nurses, midwives .....

Anthappa (Deceased) by His Testamentary L.Rs Vs. Distinappa Alias Subb ...

Court : Karnataka

Reported in : AIR2006Kant60; ILR2006KAR1576; 2006(1)KarLJ270

..... was issued exempting the application of the indian succession act, 1865 acting under section 332 by the governor general of india in council, hassan district was not part of the mysore province and hassan was included in the mysore province subsequently in the year 1886 and further, no such notification was issued extending the exemption to the newly annexed province of mysore as such, the parties are bound by the indian succession act, 1865 and much less, after ..... the enactment of indian succession act, 1925 the earlier notification has became ..... it is seen that there was a notification issued acting under section 332 of the above said act by the governor general of india in council by notification dated 23-7-1868 which was extended to the territory of mysore thereby giving exemption to all native christians in mysore territory from the operation of the indian succession act, 1865 in the matters of testamentary and intestate succession. .....

SaifuddIn and Co. Vs. Bhanu Loha Shilpa (P) Ltd.

Court : Karnataka

Reported in : ILR1996KAR2500; 1996(3)KarLJ219

..... it cannot be said that p.w.1 - saifuddin was not a partner as on the date of the suit and that the suit of the petitioner firm before the court below is not in consonance with section 69(2) of the indian partnership act, as held by the court below, more so, when no such case is ever made out by the respondent before the court below and further more, no rebuttal evidence is produced by the respondent to that effect. ..... p.w.1 -saifuddin as one of the partners of the petitioner - firm, i am at a loss to understand how the court below could say that the suit of the petitioner - firm was not in consonance with the said section 69(2) of the indian partnership act, for, the said provision of law demands the petitioner - firm to show that it is a registered firm and the person so suing is or has been shown in the register of firms, as partners in the firm. ..... me advert to the question before me whether the suit filed by the petitioner before the court below is in accordance with section 69(2) of the indian partnership act or not as stated earlier, for the suit of the petitioner had failed before the court below only on that sole point of law.12. ..... circumstances, i am not inclined to accept the reasoning of the court below to dismiss the suit of the petitioner firm holding that the suit in question is not in accordance with section 69(2) of the indian partnership act; in the result, i hold that it is not just and proper for the court below to dismiss the suit of the petitioner firm.17. .....

Rukmini Bai W/O Basappa Malnavar and Manjunath S/O Daalatrao Kashid Vs ...

Court : Karnataka

Reported in : 2008(4)KarLJ303; 2008(1)AIRKarR594; AIR2008NOC829; 2008AIHC1435(Kar)

..... . in the instant case the provisions of section 119 and 120 of the indian succession act would have to be considered so as to determine whether the condition stated in the will about, the coming into effect on the death of the wife is to be treated as if the property would not vest till her death and ..... . the provision contained in section 104 of the indian succession act provides regarding vesting of legacy in general terms ..... however the guidance rendered by the hon'ble supreme court is that it would have to be considered in terms of section 19 and 20 of transfer of property act and section 119 and 120 of indian succession act ..... the duty of the court would only be to test the authenticity of the will in terms of section 63 of indian succession act ..... , in that regard the will had been proved as required under section 63 of the indian succession act. ..... both the attesting witnesses had died and therefore their respective sons have been examined to identify their signatures and as such the same constitutes sufficient proof as contemplated under section 68 and 69 of the indian evidence act. ..... . therefore, if he could act on his own during the said period, there is nothing to assume that as on the date of execution and registration of the will, he was not able to comprehend what he was ..... further pw-1 has stated that her grandfather was mentally sound till her death and was conscious about his acts ..... time of consideration of the suit and such proof is in accordance with the provisions contained in the evidence act. .....

State of Karnataka Vs. a Citizen of India and Others

Court : Karnataka

Reported in : ILR1997KAR2934; 1999(3)KarLJ363

..... therefore, the supreme court proceeded to find out whether in enacting section 10a of the indian medical council act, parliament has evinced an intention to cover the whole field relating to the establishment of new medical colleges in the country and the subject-matters mentioned therein. ..... the position in law then was that regulations could he framed under section 19a of the indian medical council act and such regulations are directory in nature as held by the supreme court. ..... the provisions of section 10a, 10b or 10c of the indian medical council act do not vest any power in the council to determine the admission capacity of the medical colleges; 3. ..... he therefore submitted that the provisions of section 10a of the indian medical council act cannot override the view expressed by the supreme court in the aforesaid decision. ..... in the result the contentions that even after introduction of sections 10-a to 10-c to indian medical council act, state enactments would prevail are rejected.15. ..... the provisions of the state act, requiring prior permission of the state government for establishing a college is repugnant to section 10a inserted in the indian medical council act which prescribes condition for establishing a new medical college in the country. ..... medical council of india has no statutory authority under the indian medical council act, 1956 or any other existing law to fix the admission capacity of the medical colleges; 2. .....