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. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Delhi
..... & college, dalhousie road, pathankot by directing the registrar, himachal pradesh nursing registration council, simla to register the gandhi memorial medical training institute & college with their council and give the affiliation/recognisition, by issuing an official communication even though you were not authorised and vested with such powers including statutory powers in violation of the provisions of the indian nursing council act, 1947 and thereby unbecoming of an employee of indian nursing council in discharge of your duties during the relevant period. ..... medical training institute & college, pathankot giving approval to start the general nursing training in their institute as a special case and also they can get the approval of the state nursing council of himachal pradesh to whom they had already applied for affiliation in total violation of the provisions of the indian nursing council act, 1947. ..... , simla to allow 27 first year general nursing students of the gandhi memorial medical institute, pathankot to appear in supplementary october annual rs.1,000/- to be conducted by himachal pradesh state nursing registration council, in total violation of the provisions of the indian nursing council act, 1947. ..... acted in a manner to favour various nursing institutions by addressing official communications in violation of the indian nursing council act, 1947 ..... that the functioning of the organization was to abide by the statutory provisions of the indian nursing council act, 1947. .....
Tag this Judgment!Court : Delhi
Reported in : 62(1996)DLT55; 1996(37)DRJ418
..... will have the power to grant medical degrees, diplomas and other academic distinctions which would be recognised medical degrees for the purpose of the indian medical council act, 1933'. ..... be my right and duty to examine every word of a statute in its context, and i use context in its widest sense which i have already indicated as including not only other enacting provisions of the same statute, but its preamble, the existing state of the law, other statutes in pari materia, and the mischief which i can, by those and other legitimate means, discern that the statute was intended to remedy. ..... reasons, functions and the aims of the institute, the central government cannot appoint any five persons unless four of them are medical scientists and one is a non-medical scientist representing the indian science congress association and this interpretation, as per the learned counsel, conforms with the intention of the parliament to constitute a balanced body of persons so as to enable the institute to achieve its objects and ..... with such institutional facilities for the practice of dentistry and for the practical training of students as may be necessary; (iv)a nursing college sufficiently staffed and equipped for the training of nurses; (v)rural and urban health organisations which will form centres for the field training of the medical, dental and nursing students of the institute as well as for research into community health problems; and (vi)other institutions for the training of .....
Tag this Judgment!Court : Delhi
..... (ii) that as per the recruitment rules approved by mcd for different posts in the medical institutions of mcd, grade 'b' staff nurses are not promoted to grade 'a' because they do not fulfill the qualification of grade 'a' staff nurses; they are neither registered with the nursing council nor qualified as grade 'a' staff nurses as per the requirement of the indian nursing council act, 1947. ..... it is also the case of the petitioner mcd that as per the indian nursing council also the distinction between grade 'a' & grade 'b' staff nurses has ceased to exist. ..... who had worked for more than three years in a capacity, knows all the duties and functions of that post; to require a grade 'b' staff nurse who had worked as a grade 'a' staff nurse for more than 20 years, to undergo a training for six months to be entitled to the emoluments of a grade 'a' staff nurse was ridiculous; if a person is unfit to work against a particular post even after working against that post for more than twenty years, six months ..... the operation of the award and having particularly directed the petitioner mcd to make payments in terms of the award and a long time of over twenty years having now elapsed, it would be extremely harsh and unjust if nurses, a large number of whom may have in the interregnum retired, are now to be directed (in the event of the petition succeeding) to refund the excess amount so received by them. .....
Tag this Judgment!Court : Delhi
Reported in : 2003IAD(Delhi)703; 102(2003)DLT563; 2003(66)DRJ443; 2003(1)SLJ193(Delhi)
..... no.2 also contended that regulation 41 of the regulations have been framed under the powers conferred under section 16 of the indian nursing council act and same provides that the executive committee shall exercise such power as are beyond the scope of the president and the secretary ..... 13 of the indian nursing council act is to the ..... contended that it was a post which was created under section 8 of the indian nursing council act and, thereforee, the said post was not a statutory post in terms of section 13 of the said act. ..... it is pertinent to reproduce the order:'on the recommendation of the selection committee and approved by the general body of indian nursing council, i am pleased to appoint mrs.malati sharma as a inspector of the indian nursing council at the scale of pay rs.2000-60-2300-eb-75 -3200-100-3500 plus the usual allowances as admissible to the staff of indian nursing council from time to time on the term and conditions mentioned below :- i) the post is permanent and she is ..... find any force in the argument of counsel for indian nursing council that post is not a statutory post created under section 13 of the act. ..... respondent no.1/union of india has contended that in terms of section 8 particularly under sub-section (2) (f) the central government fixes the fees and allowances to be paid to the officers and servants of the council and, thereforee, as the pay and allowances are paid by respondent no.1, respondent no.1 sanctions the post at the disposal of respondent no.2. .....
Tag this Judgment!Court : Delhi
..... (vi) that the aforesaid resulted in amendment to the act and the rules being mooted and certain amendments were carried out to the act with effect from 14th february, 2003; (vii) that section 2(p) of the amended pndt act defines a sonologist or imaging specialist as: (p) sonologist or imaging specialist means a person who possesses any one of the medical qualifications recognised under the indian medical council act, 1956 (102 of 1956) or who possesses ..... we do not find any merit therein because registered medical practitioneris defined in section 2(m) of the act as under: (m) registered medical practitioner means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 of the indian medical council act, 1956, (102 of 1956), and whose name has been entered in a state medical register; and ..... though the words ultrasound clinic/imaging centre are not defined as aforesaid but it follows from a conjoint reading of definitions aforesaid that any clinic/institute/hospital/nursing home or other place, though not proclaiming itself to be carrying out pre-natal diagnostic procedure and thus not a genetic clinic but having ultrasound or other machines capable ..... the preamble of the act is as under: an act to provide for the prohibition of sex selection, before or after conception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities .....
Tag this Judgment!Court : Delhi
Reported in : 50(1993)DLT295
..... 7/01/1992 on cessation of her membership u/sec.3(1)(m) of the indian nursing council act, 1947 (for short 'the act'). ..... '(4) then regulations have been framed by the indian nursing council under sub-section (1) of section 16 of the act and regulations 35and 36 appearing in part v relating to resignation and filing of casual vacancies are again relevant and are as under :- '35.a member desiring to resign his/her seat on the council shall send his/her resignation in writing to the president or secretary and his/her resignation shall take effect from the date specified by him/her in this behalf or from the ..... bani chatterjee, registrar, west bengal nursing council, who had been elected as a member to represent the indian nursing council from this state and election of new elected member for indian nursing council. ..... under section 4, the council constituted under section 3 shall be a body corporate by the name of the indian nursing council having perpetual succession and a common seal, with power to acquire property and shall by the said name sue and be sued. ..... (14) during the pendency of this writ petition it was submitted before us that the elections of the indian nursing council were to be held on 26/11/1992. ..... (1) the petitioner claiming herself to be president of the indian nursing council (i.n.c. ..... (10) we now examine as to how the petitioner could have been elected by the west bengal nursing council under section 3(1)(a) of the act.regulations have been set out above. .....
Tag this Judgment!Court : Delhi
..... it is hereby declared that the council had duly recognized, in terms of section 10 (2) of the indian nursing council act, 1947, the post basic b.sc. ..... the case of the council is that since safdarjung hospital study centre of the university was never inspected by it, it does not know whether or not the said centre possessed, at the relevant time, the requisite educational, training and other infrastructure, which would render it a suitable institution for the purpose of nursing training, there can be no question of its having recognized the said centre in terms of section 10(2) of the indian nursing council act, 1947. ..... a perusal of the statements of objects and reasons for enactment of the indian nursing council act, 1974 would show that the council was set up for the purpose of prescribing minimum standards of education and training for the nurses, midwife and health visitors and to supervise examinations and maintain a schedule of qualifications recognized for registration throughout the country. ..... in its counter-affidavit, respondent-indian nursing council has stated that as a result of the inspection conducted by it, only 22 study centres of the university have been approved for the purpose of post basic b.sc. ..... vide resolution no.72/2000, the council, in pursuance of the provisions of sub-section (2) of section 13 of indian nursing act, 1947 declared that the post basic b.sc. .....
Tag this Judgment!Court : Delhi
..... it is hereby declared that the council had duly recognized, in terms of section 10 (2) of the indian nursing council act, 1947, the post basic b.sc. ..... the case of the council is that since safdarjung hospital study centre of the university was never inspected by it, it does not know whether or not the said centre possessed, at the relevant time, the requisite educational, training and other infrastructure, which would render it a suitable institution for the purpose of nursing training, there can be no question of its having recognized the said centre in terms of section 10(2) of the indian nursing council act, 1947. ..... a perusal of the statements of objects and reasons for enactment of the indian nursing council act, 1974 would show that the council was set up for the purpose of prescribing minimum standards of education and training for the nurses, midwife and health visitors and to supervise examinations and maintain a schedule of qualifications recognized for registration throughout the country. ..... in its counter-affidavit, respondent-indian nursing council has stated that as a result of the inspection conducted by it, only 22 study centres of the university have been approved for the purpose of post basic b.sc. ..... vide resolution no.72/2000, the council, in pursuance of the provisions of sub-section (2) of section 13 of indian nursing act, 1947 declared that the post basic b.sc. .....
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