Court : Karnataka
Reported in : 2005(6)KarLJ429
..... playground for the students and gef has planned to put up staff quarters in the said land for accommodating the doctors, nurses and at tenders working in the hospital in order to discharge its statutory obligation under regulation 3, part ii(8) of the establishment of medical college regulations, 1999 framed under the indian medical council act, 1956.17. ..... the possession of the subject lands as far back as on 31-8-1981 itself by drawing a mahazar in the presence of panchas and thereafterwards, it issued notification contemplated under sub-section (2) of section 16 of the la act on 1-4-1982 and with the issuance of that notification, the subject lands stood vested in the state government and subsequently, the subject lands were handed over to the bda as envisaged under ..... of vesting title in the state government or the bda does not arise and as such, the allotment made by the bda in favour of bmtc is wholly unauthorised and beyond the scope of the act, it was also contended by sri vaidyanathan that if the land allotted in favour of the bmtc, which is within the compound of the medical college and hospital, is utilised for establishing the bus- ..... 17th september, 1992 addressed to the state government, copy of which is produced and marked as annexure-q has observed that on inspection, it found that the entire subject lands have been utilised for the purpose of the gef and that huge buildings ..... chief minister and revenue minister and on inspection by them, the acquisition proceedings of the .....
Tag this Judgment!Court : Chennai
Reported in : 1997(3)CTC76
..... qualifications of the teaching faculties and adequacy are as per all india council for technical education/state government/universities/medical council of india/dental council of india/indian nursing council norms.3. ..... the learned counsel for the petitioners, the respondent cannot either make the 50% of the seats as government seats in private unaided colleges or take away the right of admission of students to that extent, particularly so when as per section 14 of the act, to carry on the general administration of the private college excluding the properties and funds of the private college, is one of the functions assigned to the college committee, and under rule 9 (5) the principal is given the ..... competent authority may also issue directions to educational agencies to comply with such directions which are given as a result of inspection and enquiry in the event the educational agency does not take action within a reasonable time. ..... under section 35(1), the competent authority has power of inspection of inquiry, and to issue directions thereafter, to educational agency as deemed ..... section 35 empowers the competent authority for inspection or enquiry in respect of affairs of ..... verified and found correct during the periodical inspections conducted by the various inspection officers of the directorate. ..... of collegiate education or nominee shall have the power to inspect the college at any time. ..... of collegiate education or his nominee shall have the power to inspect the college at any time. .....
Tag this Judgment!Court : Chennai
Reported in : (1998)2MLJ676
..... qualifications of the teaching faculties and adequacy are as per all india council for technical education/state government/universities/medical council of india/dental council of india/indian nursing council norms.3. ..... learned counsel for the petitioners, the respondents cannot either make the 50% of the seats as government seats in private unaided colleges or take away the right of admission of students to that extent, particularly so when as per section 14 of the act, to carry on the general administration of the private college excluding the properties and funds of the private college, is one of the functions assigned to the college committee, and under rule 9(5) the principal is given the ..... competent authority may also issue directions to educational agencies to comply with such directions which are given as a result of inspection and enquiry in the event the educational agency does not take action within a reasonable time. ..... under section 35(l), the competent authority has power of inspection or inquiry, and to issue directions thereafter, to educational agency as deemed ..... section 35 empowers the competent authority for inspection or enquiry in respect of affairs of ..... verified and found correct during the periodical inspections conducted by the various inspection officers of the directorate. ..... of collegiate education or nominee shall have the power to inspect the college at any time. ..... of collegiate education or his nominee shall have the power to inspect the college at any time. .....
Tag this Judgment!Court : Supreme Court of India
..... the expression sonologist or imaging specialist is defined in section 2(p) as follows: (p) sonologist or imaging specialist means a person who possesses any one of the medical qualifications recognised under the indian medical council act, 1956 (105 of 1956) or who in ultrasonography or imaging techniques or radiology post-graduate qualification possesses a section 4 provides thus: 4. ..... board would prescribe other conditions which such registrant would require to fulfil, to remain exempt as aforesaid; however, such registrants would otherwise remain bound by the prohibitory and penal provisions of the act and would further remain liable to give inspection of the silent observer or other such equipment and their places, from time to time and in such manner as may be prescribed by the central supervisory board; and rule 3(3)(1)(b) of the pndt rules (as it stands ..... the expression genetic counselling centre has been defined in section 2(c) as follows: (c) "genetic counselling centre" means an institute, hospital, nursing home or any place, by whatever name called, which provides for genetic counselling to patients the expression genetic laboratory is defined in section 2(e) as follows: (e) "genetic laboratory" means a laboratory and includes a place where facilities are provided for conducting analysis or tests of samples received from genetic clinic for pre-natal diagnostic test 1. .....
Tag this Judgment!Court : Karnataka
..... risk of contradiction that the educational services rendered by the university do fall within the ambit of sub-clause (ii) of clause (l) of section 66d which mentions education as a part of curriculum for obtaining a qualification recognized by any law for the time being in force , inasmuch as obviously, the degrees, diplomas & certificates awarded by the university are recognized by the statutes like indian medical council act, 1956, dentists act, 1948, etc and therefore, they are not liable to service tax.-. ..... and they are recognized under the indian medical council act, 1956 or such other kindred statutes ..... of merit and research pertaining to health sciences; (xx) to establish and maintain university libraries, research station, museums and press and publication bureau; (xxi) to establish research posts and to appoint suitable persons to such posts; (d) section 5 r/w sections 45 & 46 inter alia provides for privileges, recognition and affiliation of all colleges and autonomous institutions of health sciences that were affiliated to conventional universities. ..... are - 16 - wa no.856 of 2022 548 colleges conducting undergraduate courses, 129 institutions conducting post graduation courses and 6 institutions offering super speciality courses in the field of health sciences such as medical, dental, nursing, pharmacy, physiotherapy, ayurveda, homoeopathy, unani & para-medical under the suzerainty of rguhs in the state. ..... section 8 provides for government s inspection & control over the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(1)MPHT482
..... the fact that they are governed by the indian medical council act and are subject to the disciplinary control of medical council of india and/or state medical councils is no solace to the person who has suffered due to their negligence and the right of such person to seek redress is not ..... medical opinion may differ with regard to the course of action to be taken by a doctor treating a patient but as long as a doctor acts in a manner which is acceptable to the medical profession and the court finds that he has attended on the patient with due care, skill and diligence and if the patient still does not survive or suffers a ..... medical officers entrusted with the implementation of the family planning programme cannot, by their negligent acts in not performing the complete sterilisation operation, sabotage the scheme of national importance. ..... have not been allowed on account of failed sterilisation operation in other countries either on account of public policy or on account of pleasure in having a child being offset against the claim for damages cannot be strictly applied to the indian conditions so far as poor families are concerned. ..... nagendra rao case some goods had been confiscated pursuant to an order passed under section 6a of the essential commodities act, 1955. ..... continuing and what may seem like an unduly large award may be little more than that sum which is required to compensate him for such matters as loss of a future earnings and the future cost of medical or nursing care. .....
Tag this Judgment!Court : Punjab and Haryana
..... learned magistrate after appreciating the evidence, summoned the petitioners to face trial vide order dated 26.07.2011, under sections 420, 467/468/471/326/120-b of the indian penal code and section 15 of the india medical council act. ..... no.2 the petitioners have been summoned along with other co- accused under sections 420, 467, 468, 471, 326, 120-b ipc as well as under section 15 of the indian medical council act. ..... ps mann has complied with requirements of indian medical council act 1956 as amended upto 2002.3. ..... , for that reason, petitioners are directly liable for the injury caused to the patient because the doctor in question was not having state medical council crm m-25733 of 2011 (o&m) 20 licence to practice medicine as per the medical council of india act, 1961 and medical council of india rules under which medical council of india certifies the doctors / physicians and regulate competency and professional standard. ..... whether the managing director and the director, being administrators of the hospital can be made criminally liable and prosecuted under the provisions of the indian penal code crm m-25733 of 2011 (o&m) 16 and for having appointed unqualified doctor which resulted into wrong treatment and consequential death of a patient and can they claim immunity from prosecution for the offences ..... nimrat gujral are in the administration of inscol multi-specialty hospital, sector 34-c, chandigarh, doctors, nurses and other hospital staff are under their administrative control. .....
Tag this Judgment!Court : Chennai
..... section 10a of the indian medical council act, 1956, in the letter addressed to the first respondent dated 9.7.2009, has recommended the central government to issue letter of permission to the petitioner for establishment of new medical college at tiruchirapalli with an annual intake of 150 mbbs students for the academic session 2009-2010, by enclosing the resolution of the medical council of india, which is in the following terms: "the executive committee of the council considered the compliance verification inspection ..... off-shore campus shall offer only those programmes of study which are approved by the appropriate bodies of the institution deemed to be university and the statutory/regulatory body concerned such as all india council for technical education (aicte), medical council of india (medical council of india), dental council of india (dci), pharmacy council of india (pci), national council for teachers education (ncte), bar council of india (bci), indian nursing council (inc), etc ..... the central government is concerned, even under the earlier guidelines, the applications were made to the central government and in fact, the government of india, after considering the report of the medical council of india as per the powers conferred under section 10-a of the indian medical council act, 1956, has already come to a conclusion in permitting the petitioner to establish a new medical college at tiruchirapalli with the annual intake of 150 students, by way of a letter of intent and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(4)ALD289; 2003(3)ALT456
..... of professor, it is mentioned that all teachers in clinical and non-clinical subjects must possess mbbs degree or equivalent qualification as entered in the schedule to the indian medical council act, 1956 (for brevity'the central act'), in addition to possessing pg qualification like md/ms/dse etc.11. ..... indian medical council act, 1956 (for short 'mc act') is an act referable to entry 66 of list i of schedule vii to the ..... in exercise of the powers conferred by section 33 of the said act, the medical council of india with the previous sanction of the central government made 'minimum qualifications for teachers in medical institutions regulations, 1988 (for short ' ..... first question, it was held that in the absence of any rules or executive instructions made in consultation with the medical council of india, no appointment either to the post of assistant professor or to the post of professor should be made in cardiothorasic ..... state of madhya pradesh, : air1999sc2894 , the supreme court categorically held that norms prescribed by the medical council of india have a direct impact on the standard of medical education, and any plenary law or delegated legislation by the state, which is inconsistent with the standards of medical education prescribed by the union ..... has taken care of this in so many words as laid down in section 19 of the act that a public servant with a specific grievance can only come to the ..... rules, part i consists of medical branch and part ii consists of nursing branch. .....
Tag this Judgment!Court : Chennai
..... however, every doctor should, for his own interest, carefully read the code of medical ethics which is part of the indian medical council (professional conduct, etiquette and ethics) regulations, 2002 issued by the medical council of india under section 20-a read with section 3(m) of the indian medical council act, 1956.25. ..... from the aforementioned principles and decisions relating to medical negligence, with which we agree, it is evident that doctors and nursing homes/hospitals need not be unduly worried about the performance of their functions. ..... court in sanawarmal purohit case upheld the order of the high court holding the enquiry proceedings to be contrary to the principles of natural justice when the enquiry officer had collected information from third parties and acted upon the information so collected, without disclosing the same to the accused. ..... no sensible professional would intentionally commit an act or omission which would result in harm or injury to the patient since the professional reputation of the professional would be at stake. ..... the true test for establishing negligence in diagnosis or treatment on the part of a doctor is whether he has been proved to be guilty of such failure as no doctor of ordinary skill would be guilty of if acting with ordinary care. .....
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