Court : Mumbai Nagpur
..... section 16 (g) and (h) of the indian nursing council act, 1947 reads as follows "16 (g) prescribing the standard curricula for the training of nurses, midwives and health visitors, for training courses for teachers of nurses, midwives and health visitors, and for training in nursing administration; (h) prescribing the conditions for admission to courses of training as aforesaid;"4. ..... nursing is illegal, being contrary to regulations prescribed by the indian nursing council act, 1947. ..... we find variance between the regulations placed by the indian nursing council which provides minimum one year of work experience after basic b.sc. ..... the regulations which prescribe the requirement of one year are framed under the powers conferred on the council under section 16 and have statutory force. ..... the petitioner seeks admission to post graduate nursing course with the respondent no.3 institute of nursing education, mumbai.3. ..... nursing and the requirement by respondent no.2 which is five years' experience. ..... nursing and minimum one year of work experience prior or after post basic b.sc. .....
Tag this Judgment!Court : Mumbai Nagpur
..... directed against the judgment and order of conviction passed by learned additional sessions judge, nagpur in sessions case no.487/2011 dated 24.04.2014 whereby the appellant is convicted for the offence punishable under section 302 of the ipc for committing murder of mayabai and is directed to suffer rigorous imprisonment for life and to pay a fine of rs.5,000/-, in default to suffer rigorous imprisonment for one ..... of the matter, the provisions of section 106 of the indian evidence act has its effect in the present case ..... the learned additional sessions judge framed charge for an offence punishable under section 302 of the ipc for committing murder of mayabai and nandabai, under section 307 for making murderous assault on shantabai and suresh gupta (pw2) and under section 326 of the ipc for making assault on sunil gupta (pw8), under section 506 (2) for extending threats to shubhangi (pw5) and under section 309 for attempting to commit suicide. ..... is acquitted of the charge for the offence punishable under section 307 of the ipc for making the murderous assault on gutpa ..... the appellant is also convicted for the offence punishable under section 323 of the ipc and is directed to suffer rigorous imprisonment for one year and to pay a fine of rs.200/-, in default to suffer ..... he is also convicted for the offence punishable under section 302 of the ipc for committing murder of nandabai and is directed to suffer imprisonment for life and to pay a fine of rs.5,000/-, in default to suffer .....
Tag this Judgment!Court : Mumbai Nagpur
..... in several recent decisions, the supreme court has held that the principles, which underlie section 106 of the indian evidence act, 1872 can be applied in cases where certain facts are especially within the knowledge of a person ..... in view of above evidence and on considering section 6 of indian evidence act, 1872, it is found that section 6 of the evidence act is an exception to the general rule whereunder the hearsay evidence becomes admissible ..... the learned additional public prosecutor then by referring to provisions of section 6 of indian evidence act, 1872 has contended that based on the above provision, evidence of akshay since lends support to the case of prosecution, it can be duly considered. 25 ..... from the evidence of aforesaid witnesses, since it is established that deceased manda was in the company of accused and since accused and deceased were last seen together, theory of last seen together and provisions of section 106 of indian evidence act, 1872 are squarely applicable in the instant case. ..... as such, the requirement to apply provision of section 6 of indian evidence act, 1872 is that the statement sought to be admitted so as to find part of res gestae must have been made contemporaneously or immediately thereafter. ..... ram {(2006) 12 scc 254}, the supreme court has observed that if the accused fails to offer an explanation on the basis of facts within his special knowledge, he fails to discharge the burden cast upon him by section 106 of the indian evidence act, 1872. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the appeal takes an exception to the judgment and order passed by the learned sessions judge, wardha in sessions trial no.157/2008 thereby convicting the appellant/accused for the offence punishable under section 302 of the indian penal code and sentencing him to suffer imprisonment for life and to pay a fine of rs.2,000/-, in default to undergo further simple imprisonment for six months. 2. ..... after completion of the investigation, the chargesheet came to be filed for the offence punishable under section 302 of the indian penal code for committing murder of his wife harsha and daughter meena. ..... he further submits that on a memorandum under section 27 of the indian evidence act the weapons used in the crime i.e. ..... axe and iron rod on a memorandum under section 27 of the indian evidence act. ..... the charge was framed for the offence punishable under section 302 of the indian penal code. ..... one to be proved, and (5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. 13. ..... words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused. .....
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