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Trained Nurses Association of India Vs. State of Tamil Nadu

Court : Chennai

..... the learned counsel appearing on behalf of respondents 2 and 3 had stated that the preamble of the indian nursing council act, 1947, states that it is expedient to constitute an indian nursing council, in order to establish a uniform standard of training for nurses, midwives and health visitors. ..... the learned counsel appearing on behalf of respondents 2 and 3 had submitted that the courses recognized by the fourth respondent university would not fall under the schedules annexed to the indian nursing council act, 1947, and therefore, the courses cannot be recognized under the relevant provisions of the indian nursing council act, 1947, and the tamil nadu nurses and midwives act, 1926. ..... while so, the fourth respondent university has commenced the following courses, without the necessary approval and the recognition from the state government and the indian nursing council, as contemplated under the relevant provisions of the indian nursing council act, 1947, and the tamil nadu nurses and midwives act, 1926.1. b.sc. ..... it is also noted that there are certain clear advantages for those candidates, who have completed their courses which had been recognized by the second and the third respondent councils, as contemplated under the relevant provisions of the indian nursing council act, 1947, and the tamil nadu nurses and midwives act, 1926 19. .....

National Medical Educational Charitable Trust Vs. Kerala Nursing and M ...

Court : Kerala

Reported in : 2006(2)KLT612

..... the statement of objects and reasons of the indian nursing council act, 1947 reads as follows :provincial nursing councils have been established in all provinces and maintain registers of qualified nurses, health visitors and midwives. ..... according to the learned counsel, going by sections 10 to 14 of the indian nursing council act 1947, the said act mainly governs matters, relating to recognition of qualifications. ..... it is submitted that the indian nursing council act, 1947, does not stipulate that permission to start a nursing school can be granted, only to an applicant, who owns and possesses a hospital, with 200 functional beds ..... the absence of an own building is not a deficiency, in terms of the provisions of the indian nursing council act, 1947, or the regulations framed thereunder, for starting a nursing school. ..... i think, it is fruitful to refer to the relevant provisions of the indian nursing council act and the travancore cochin nurses and midwives act. ..... it is also submitted that going by the scheme of the indian nursing council act, the same occupies the field, concerning infra-structure facilities to be provided in a nursing school. ..... or de-recognition of institutions, like that of the petitioner, imparting training in nursing, does not come under the purview of the indian nursing council act. ..... the ordinance will be repealed by this act.the preamble of the act says that it is passed, in order to establish a uniform standard of training for nurses, midwives and health visitors. .....

Bar Council of Maharashtra Vs. Commissioner of Income-tax, Bombay City ...

Court : Mumbai

Reported in : (1979)12CTR(Bom)45; [1980]126ITR27(Bom)

..... question that arose for consideration before the house of lords was whether a nursing council regulated by the nurses act, 1957, was entitled to the benefit of the rating relief afforded by the appropriate provisions of the rating and valuation (miscellaneous provisions) act, 1955. ..... thus, bearing in mind the preamble of the act as well as the functions of the state bar council, it is constituted primarily with the object of general public utility. ..... same difference between english law and indian law was emphasised by the gujarat high court in the case of cit ..... pointed out by the supreme court in andhra chamber of commerce's case : [1965]55itr722(sc) , the indian legislature has evolved a definition of the expression 'charitable purpose' which departs in its material clause from the definition judicially supplied in pemsel's case [1891] ac 531 (hl) and the decisions of english courts, which proceed upon the interpretation of the language different from the indian statute, have little value. ..... the indian acts give a clear and succinct definition which must be construed according to its actual ..... the concept of charitable purpose, according to indian law, is much wider than that recognised in english ..... 26 of the indian companies act, 1913, and was permitted by the government to omit the worked 'limited' from its ..... gujarat high court points out that there is a fundamental difference between english law and indian law regarding charity. ..... indian sugar mills association : [1974]97itr486(sc) .....

Jai Prakash Saini Vs. Director, Rajiv Gandhi Cancer Institute and Rese ...

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

..... inter alia pleaded before the honble supreme court that the medical practitioners belonged to medical profession and were subject to the disciplinary control of the medical council of india and/or state medical councils, constituted under the provisions of the indian medical council act and, therefore, were excluded from the ambit of the act and the service rendered to a patient by a medical practitioner did not fall within the ambit and scope of service as defined in section 2(1)(o) ..... (1993) consumer protection judgments 7 (sc)=(1986-95) consumer 278 (sc), and their lordships of the supreme court in the above said case have held : to begin with the preamble of the act which can afford useful assistance to ascertain the legislative intention, it was enacted, to provide for the protection of the interest of consumers. ..... services rendered at a non-government hospital/nursing home where charges are required to be paid by persons who are in a position to pay and persons who cannot afford to pay are rendered service free of charge would fall within the ambit of the expression service as defined in section 2(1)(o) of the act irrespective of the fact that the service is rendered free of charge to persons who are not in a position to pay ..... of charge by a medical practitioner attached to a hospital/nursing home or a medical officer employed in a hospital/nursing home where such services are rendered free of charge to everybody, would not be service as defined in section 2 (1)(o) of the act. .....

Emperor Vs. Joseph D'silva

Court : Mumbai

Reported in : AIR1947Bom310; (1947)49BOMLR6

..... five classes of practitioners described by sub-sections (a) to (e) of that section; a person who limits his practice to the art of dentistry; a nurse, midwife or health visitor registered under the bombay nurses, midwives and health visitors' registration act, 1935, or a dai attending on a case of labour; a person who is entitled to registration under section 16 (1) of this act or section 7 of the bombay medical act, 1912; a person who is a british subject domiciled in the united kingdom or india and who is, or is entitled to be, registered in ..... (4) the medical council may refuse to permit the registration of any person who has been convicted of a cognizable offence as defined in the code of criminal procedure, 1898, or who, being or having been subject to military law, has been convicted under the army act or under the indian army act, 1911, of an offence which is also a cognizable offence as so defined, or who after due enquiry has been held guilty by the medical council of infamous conduct in any professional ..... as stated in the preamble to that act, and as pointed out in halsbury ..... that act, which was the first of its kind in this province, as its preamble shows, was enacted because it was expedient to provide for the registration of medical practitioners in the presidency ..... as stated in the preamble, that act was intended to regulate the qualification and to provide for registration of practitioners of indian systems of medicine with a view to encourage the study and spread of .....

Indian Sugar Mills Association Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1970]77ITR90(Cal)

..... the general nursing council for england and wales, originally formed under the repealed nurses registration act, 1919, existed under and for the objects declared in the nurses act, 1957. ..... have, or may acquire, a particular political complexion would not take away its exemption ; (2) that the admissibility of a claim to exemption from income-tax must be determined by the language of the special provision made by the indian income-tax act in that behalf (and not with reference to english statutes); (3) that the fact that the settlor thought that the object of the trust was beneficial to the public would not by itself make the ..... object one of general public utility and discharge the court of its responsibility in coming to a finding as to the character of the object of the trust; (4) that under the indian act the test of general public utility is applicable not only to trusts in the english sense but is to be applied to property held under trust 'or other legal obligation', a phrase which would include moslem wakfs and hindu endowments ..... the applicant, says learned counsel, is not also an association registered under the societies registration act, 1860, the preamble whereof says :'whereas it is expedient that provision should be made for improving the legal condition of societies established for the promotion of literature, science, or the fine arts, or for the diffusion of useful knowledge, the diffusion of .....

Dr. Mehboob Alam Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2002CriLJ1218

..... of indian medical council act, against the petitiner and one aurangzeb, who claimed to be the compounder at the nursing home. ..... averred in the writ petition nor it has been urged that the petitioner is enrolled on a state medical register as defined in section 2(k) of indian medical council act, 1956 and, therefore, he is not entitled to practise modern scientific medicine or to prescribe allopathic drugs. ..... is not very relevant for the decision of the present case but as we are dealing with the controversy we may also take notice of homoeopathy central council act, 1973, section 2(1) of the act gives the definition and clauses (d), (g) and (i) thereof read as under :'(d) 'homoeopathy' means the homoeopathic system of medicine and includes the use of ..... sched-ule is being reproduced below :'every person who holds a degree, diploma or licence which is included in schedule i or ii to the indian medical council act, 1933 (xxvii of 1933), or granted by the universities in india established by an act of the governor-general in council or of the governor of any province in india.'13. ..... its preamble shows that it is an act to provide for the constitution of a central council of indian medicine and the maintenance of a central register of indian medicine and for ..... the preamble of the united provinces indian medicine act, 1939, which was published on september 23, 1939 says that it is an act to provide for the development of the indian systems of medicines and to regulate their practice in .....

Davinder BhasIn Vs. Union of India and Another

Court : Delhi

..... mentions that there are no dedicated trauma surgeons in india and also that there are a very few dedicated trauma centres in india, but unlike india, in united states of america, accredited council for graduate medical education (acgme) and the residency review committee (rrc) for emergency medicine govern training thereof which is predominantly three years in length and are designed to prepare physicians for every ..... the preamble of the gujarat act reads as under:- an act to provide for emergency medical services in the state and for that purpose to establish gujarat medical emergency services authority and city and district emergency services councils in the state and for the matters connected therewith ..... delhi government that though there is a need for continuing medical education (cme) and for providing refresher training courses insofar as nurses, doctors and para medical staff is concerned and instructions are being issued to the medical superintendents to undertake the same. ..... and para-military organisations may utilize their existing training curriculum or develop their own referring to the curriculums of the central government hospitals or that of the indian red cross society, gvk emri or other similar organizations. ..... other established organizations like indian red cross society (ircs) and gvk emergency management and research institute (gvk emri, a pioneer in emergency management services in india running as a non-profit-making professional organization operating in the .....

Sukesh Chander Khajuria Vs. State and ors.

Court : Jammu and Kashmir

..... indian medical council act, 1956 (cii) of 1956 confers powers to frame rules on the central government and section 33 confers power on the medical council ..... and not merely to the doctors and, therefore, to make section 13 workable it is even otherwise essential and desirable for the state government to provide guidelines by the framing rules under section 16 of the 1983 act as also to nominate the prescribed authorities who are in a position to apply their mind to individual cases keeping in view different areas of the state, to grant or refuse permissible to undertake private practice on such ..... jammu and kashmir medical education (gazetted) service rules, 1979 and section 13 of the jammu and kashmir public men and public services (declaration of assets and other provisions) act, 1983 the court held that the rules which prohibit private practice by government doctors found legislative recognition when section 13 was enacted and the impugned order did not intend ..... diluted, and it could be for the committee constituted by the government vide order dated 23-7-1986 to look into all these aspects of the authorities to be prescribed under the 1983 act to see how best can the health care in the state be improved within the present framework so that patients needing care do not suffer avoidable hardship. ..... in private operation theaters of nursing homes', and 'for investigation, ..... the preamble to the rules refers to the enforcement of ban earlier by order dated 31-5-1986, to the suggestion made .....

Rajendra Prasad Vs. State of Uttar Pradesh

Court : Supreme Court of India

Reported in : AIR1979SC916; 1979CriLJ792; (1979)3SCC646; [1979]3SCR78

..... duty as such member or public servant whether at the time of murder he was such member or public servant as the case may be, or had ceased to be such member or public servant; or (d) if the murder is of a person who had acted in the lawful discharge of this duty under section 43 of the code of criminal procedure, 1973, or who had rendered assistance to a magistrate or a police officer demanding his aid or requiring his assistance under section 37 or section 129 of the ..... the weapon used by the accused in committing the crime, the manner in which the operation was carried out, and the determination with which the accused acted, as well as the number of injuries inflicted on the unfortunate victims, give a clear picture of the cruelty and brutality with which the accused murdered his uncle ..... one stroke of murder hardly qualifies for this drastic requirement, however gruesome the killing or pathetic the situation, unless the inhere t testimony oozing from that act is irresistible that the murderous appetite of the convict is too chronic and deadly that ordered life in a given locality or society or in prison itself would be gone if this man were now or later ..... indian penal code must be sensitized by the healing touch of the preamble and ..... in de freitas case the privy council confirmed the sentence of death passed by the court of appeal of trinidad and tobago, and held that there was no violation of the human rights and fundamental ..... decisions of the privy council in eaton baker v .....