Court : Rajasthan
Reported in : AIR2007Raj60; RLW2006(2)Raj1527; 2006(3)WLC149
..... as regards competence of the central council to determine the intake capacity of trainee students in nursing institutions, we may mention that the indian nursing council act, 1947 is a pre-constitution enactment and the legislation can be traced to entry 12 of list i of the seventh schedule to the government of india act, 1935 which refers to 'institutions for professional and technical training' among other ..... and 622 of 2005 has stated that it is the function of the council in terms of the indian nursing council act, 1947 to regulate nursing profession in the country and set uniform standards in the matter of nursing training. ..... in institutions for higher education or research and scientific and technical institutions' fall under legislative competent of the parliament vide entries 65 and 66 of list i, and it is in exercise of such power that amendments were made in the indian nursing council act by the parliament after coming into force of the constitution. ..... of the indian nursing council act provides that the qualifications included in part i of the schedule shall be recognised qualifications, and the qualifications included in part ii of the schedule shall be recognised higher qualifications, for the purposes of the act. ..... appear from the facts stated hereinafter, the so called reduction of the seats/intake capacity was pursuant to the decision of the indian nursing council (hereinafter referred to as the 'central council'), but it was not impleaded as party respondent in s.b. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1999Raj158; 1999(3)WLC165
..... 25 for midwifery under sections 10 and 11 of the indian nursing council act of 1947 (hereinafter called the act of 1947). ..... 2, it had been categorically stated para 3 mentioning that the indian nursing coun-cil as per section 10 of the nursing council act 1947 has no authority to recognise the institution as per the provisions of section 10 of the act, as the indian nursing council recognises the au-thorities and not the schools. ..... be entitled to be registered under this act, namely :-- (i) nurses, midwives, health visitors and auxiliary nurse-midwives who have undergone the course of training prescribed by the council and have passed the prescribed examinations held by the council and fulfil such further conditions as may be prescribed; (ii) nurses, midwives, health visitors and auxiliary nurse-midwives holding corresponding certificates issued by, authorities in other states in india and foreign council if such certificates are recognised by the indian nursing council; (iii) nurse, midwives, health visitors and ..... under section 10 of the act of 1947, the indian nursing council only recognises the authorities mentioned in schedules i and ii and the authorities mentioned in schedules i and ii recognises the institutions giving training i .e. ..... the authorities recognised by the indian nursing council have been mentioned in schedules i and ii of the act of 1947. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2001Raj25
..... annexure 1 to the petition is a copy of the guidelines issued on 1-6-1998 wherein it has been stated that nursing training course is governed by the provisions of the indian nursing council act, 1947 (hereinafter referred to as 'the act of 1947') and the rajasthan nurses, midwives, health visitors and auxiliary nurse midwives registration act, 1964 (hereinafter referred to as the act of 1964'). ..... the learned counsel took me through the provisions of the act of 1947 and the act of 1964 and claimed that if is for the indian nursing council to recommend qualifications necessary to become a qualified nursing candidate and grant of recognition to an institution for giving training in nursing is governed by the act of 1964 only and the power to grant recognition is vested in the rajasthan nursing council only. ..... the act of 1964, rajasthan nursing council is established and it is in consultation with the indian nursing council that the power to recognise nursing training institute within the state of rajasthan even to private sector is vested in the rajasthan nursing council. ..... that circular, according to the learned counsel for the respondents, has only directed to obtain a feasibility study report from the indian nursing council and not the recognition from the indian nursing council. ..... (ii) even if it is so held, the guidelines of the indian nursing council requiring this recognition are prospective and, therefore, cannot be applied in relation to the permission granted prior to january, .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988WLN(UC)555
..... indian nursing council has been given, power to make regulations under section 16 of the indian nursing council act, 1947 and in clause 16(1)(g), the council has been authorised to prescribe standard curricula for the training of nurses ..... nurse, a person is required to undergo training which; has been prescribed by the indian nurses council and the rajasthan nursing council. ..... indian nursing council and which are adjudicated by the rajasthan nursing council ..... dated 1st september, 1986 is against the rules and the qualifications laid down by the indian nursing council. ..... 1982, which is reproduced as under:(b) those ahws who, have been trained as ahws and are actually working against the post of ahws may also be allowed promotions to the post of nurse grade-ii as a one time action onlyon the basis of this, shri calla has submitted that those workers who have been trained as auxiliary health workers are actually working against the post ..... the general nursing and midwifery course, a condensed course was conducted under the direct supervision of the rajasthan nursing council. ..... getting registration as a-grade, nurse by; the rajsthan nursing council. ..... awarded after completion of the training prescribed by the rajasthan nursing council. ..... allowed the said association to act as intervener an application was also filed by the rajasthan nurses association (trained) for impleading it as a party and this court vide its order dated 10th march, 1987, allowed the association to act as an intervener in the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj65
..... summoned to meet for the first session under the provisions of this constitution, the body or authority functioning immediately before the commencement of this constitution as the legislature of the corresponding indian state shall exercise the powers and perform, the duties conferred by the provisions of this constitution on the house or houses of the legislature of the state so specified.' 9. ..... in jaipur, for instance, there was the state-grants land tenures act, 1947 section 82 whereof provided that while conducting settlement operations in state-grants, the rent rates proposed shall 'as nearly as possible' represent one-third of the value of the produce of unirrigated ..... not provide for any specific mode for declaring the assent, and we are of opinion that when the gazette extraordinary of the 4th of june, 1951, declared that the act was made by his highness the rajpramukh on the 2nd of june, 1951, it obviously amounted to a declaration that the bill had received the assent of his highness on ..... the statement of objects and reasons which have been mentioned in an earlier part of the judgment, tout also from the preamble as also the definition, of 'landholder' given in act xv of 1951. 79. ..... in the revenue department of the secretariat on 3-5-51, and was approved by the then revenue minister on 9-5-51, and thereafter it was further approved by the council of ministers on 12-5-51. ..... department concerned which sponsors the bill, and the draft is approved by the council of ministers. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1975]99ITR354(Raj); 1973()WLN14
..... referred to this court:'whether, on the facts and in the circumstances of the case, the present worth on the valuation dates in question of the compensation payable under the rajasthan land reforms and resumption of jagirs act, 1952, for the jagir of badnore and the immovable properties comprised in the said jagir were includible in the net wealth of the assessee in his individual status '3. the reference under the gift- ..... . on the basis of this authority it has been argued that though the provision corresponding to section 9(4) of the indian income-tax act, 1922, did not exist in the wealth-tax act in the relevant years, the fiction that the holder of the impartible estate shall be deemed to be the individual owner of all the properties comprising the estate for purposes of wealth-tax ..... v. collector of surat [1878] ilr 3 bom 186 their lordships of the privy council held that a jagir must be taken prima facie to be an estate only for life, although it may possibly be granted in such terms as to make it hereditary.in the absence of any evidence to the contrary it has to be assumed that ..... . it is thus clear that even under the act of 1947 the jagir was hereditary and thejunior members of the family had their right and interest in the jagir in respect of maintenance and a possible right of ..... 1947. again, qanoon mal mewar, as its preamble shows, was enacted after modifying the existing law with a view to consolidate the law relating to jagirs in force in the erstwhile state of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj224
..... would fall under the second sub-section of section 21.the learned counsel then argues that even so the principle of justice, equity and good conscience can at the most enable the court to act upon the common law of torts prevailing in england, which has been adapted in india, the law not having been codified; and since the common law did not recognise any such cause ..... this was the state of the english common law on the subject whatever the position may have been prior to lord campbell's act of 1846 and the law reforms act of 1934; and the indian courts when applying the rules of justice, equity and good conscience, would be justified in applying the law of torts as it stood at the relevant time, and notgo back to the prenatal ..... ' the kotah state limitation act, which was published in the state gazette on 16-8-1947, adapted article 21 with the modification that for the words 'indian fatal accidents act, 1855', the words 'law relating to fatal accidents in force in ..... observed:as my learned brother has pointed out, both in this country and in the privy council in england, it has been indicated that for the term 'justice, equity and good conscience' one finds a rule, a valuable guide, by looking to the law ..... actual financial loss may consist of loss of earnings, medical and nursing expenses, and cost of convalescence, and the fact that payment has not actually been made in respect of liabilities incurred under any of these beads of damages is immaterial as long as the liability is a .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ2439
..... a proper and effective functioning of sub-section (2), in the situations visualised and pointed out above and in view of the declaration in the preamble to the act being in interest of general public and the object of speedy trial of the offences under the act, with or without the joint trial of offences under other laws in order to avoid duplicity or plurality of proceedings which may conceivably create unintended confusing or even conflicting situations by ..... any part of the evidence in an inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another judge or magistrate who has and who exercises such jurisdiction, the judge or magistrate so succeeding may act on the evidence so recorded by his prodecessor, or partly recorded by his predecessor and partly recorded by himself:provided that if the succeeding judge or magistrate is of opinion that further examination of any of the witnesses whose ..... now coming to the second question it may be noted that the term 'evidence' as defined in section 3 of the indian evidence act 1872 means and includes (i) all statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry and (ii) all documents produced for the ..... lj 813), their lordships of the apex court had an occasion to consider the necessity of reading down a provision in the context of punjab service rules vis-a-vis the provisions of the prevention of corruption act 1947. ..... corruption act 1947 on .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991WLN(UC)9
..... favour of the residents of barmer and jaisalmer districts, it was also claimed that no reservation can be made for female nurses and that also is not provided by the indian nursing council act, 1947, as also by the rajasthan nurses, midwives, health visitors and auxiliary nurses-midwives registration act, 1964 and the rajasthan nursing council regulation, 1964 and, therefore, all the admissions that have been made in rnrc course at barmer centre are against the ..... indian nursing council act, 1947 ..... by the indian nursing council functioning under the indian nursing council act. ..... case where a particular qualification was prescribed which was not prescribed other by the indian nursing council or by the rajasthan nursing council and, therefore, the prescription of that qualification was held to by beyond the ..... 1947 as also by the rajasthan nurses, midwives, health visitors and auxiliary nurses-miduwives registration act, 1964 and the rajasthan nursing council ..... in para 52 of the judgment in kanhaiyalal's case (supra), it was further observed with regard to this trend of nurses, midwives, health visitors and auxilary nurse-midwives that upon looking to the scheme of establishment of centre with regard to particular districts, it does appear that the state has kept ..... the rajasthan nurses, midwives, health visitors and auxiliary nurses-midwives registration act, 1964 and the rajasthan nursing counsel regulation, 1964 do not provide for any reservations for ladies and, therfore, it was wrong .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1988Raj105
..... the indian nursing council regulations were framed in exercise of powers conferred by sub-section (1) of section 16 of indian nursing council act, 1947 as amended from time to time. ..... learned judge held that the petitioner was eligible for admission to the general nursing course (male) because there was no requirement of about science and biology in the regulations framed by the indian nursing council which has been adopted by the rajasthan nursing course vide regulation 42 of the regulations and the petitioner fulfilled the minimum entrance requirement prescribed by the indian nursing council regulations inasmuch as candidates who had passed the intermediate examination were also eligible for ..... neither do they fulfill the requirement of section 34 of the act nor is there any such provision in the indian nursing council rules and regulations adopted in rajasthan by virtue of regulation 42 of the rajasthan nursing council regulation 1964 framed in exercise of powers conferred by the act. 54. ..... r/2(4) intimated the concerned persons admission in general nursing course are actively underconsideration in the light of instructions received from the indian nursing council, , new delhi and various judgments of the courts and that meanwhile for the academic session 1986-1987 previous rules and regulations with the amendments mentioned at r/2(5) be followed. 28. ..... thus the syllabus and regulations by indian nursing council were adopted for the course in rajasthan. .....
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