Court : Mumbai
Reported in : AIR2002Bom97; 2002(3)BomCR416; (2002)1BOMLR504; 2002(1)MhLj737
..... gonsalves, learned counsel appearing for petitioners relying upon the provisions of maharashtra medical council act, 1965 and the maharashtra medical council rules, 1967 submitted that the enquiry held by the maharashtra medical council or the executive committee of the said council in respect of misconduct of any registered practitioner under section 22 of the act of 1965 is in the nature of quasi-judicial proceedings and thus ordinarily cannot be held in-camera and therefore, there cannot be blanket ban for public from attending such proceedings. ..... the first respondent is the maharashtra medical council of indian medicine, statutory body established under section 3 of maharashtra medical council act, 1965 (for short 'act of 1965') and the second respondent is the state of maharashtra. ..... these two writ petitions were heard together and are being disposed of by this common judgment as common issues are involved therein and principal prayer is identical for issuance of direction to the maharashtra medical council of indian medicines from preventing the members of the public in general and the petitioners in particular from attending the enquiries held under section 22 of the maharashtra medical council act, 1965. 2. ..... the maharashtra medical council act, 1965 was enacted to unify, consolidate and make better provision in the law regulating the registration of persons practising modern scientific medicine in the state of maharashtra and to provide for matters connected therewith. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1996Bom198; 1996(3)BomCR214
..... 'in view of the provisions of the maharashtra medical council act, 1965 (for short, 'the 1965 act'), the executive committee referred the matter to the first respondent council, which has passed a unanimous resolution o'n september 20, 1991 adopting the above decision of the executive committee ..... have already referred to the scheme of the provisions of the maharashtra medical council act 1965 and the 1967 rules framed thereunder. ..... the maharashtra medical council act, 1965 was enacted to unify, consolidate and make better provision in the law regulating the registration of persons practising modern scientific medicine in the state of maharashtra and to provide for matters connected ..... particular, counsel has submitted that this court should give a general direction to the maharashtra medical council to the effect that the council should call upon all the hospitals and doctors in the state of maharashtra to make available the copies of case papers to patients when demanded by them. ..... 30 of the act known as the maharashtra medical council rules, 1967 ..... fairly stated that his main endeavour in this petition was to persuade this court to give some general directions to the maharashtra medical council in the matter of conduct of the inquiries, either by the executive committee and/or by the medical council itself. ..... petitioner raghunath raheja seeks to challenge the resolution passed by the first respondent maharashtra medical council exonerating the two medical practitioners respondents nos. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(3)BomCR108; 2009(111)BomLR1761; 2009(4)MhLj150
..... the learned counsel appearing for the petitioner relied upon the provisions of the maharashtra medical council act, 1965 to buttress his submission that the expression 'medical practitioner' in that act means a person who is engaged in the practice of modern scientific medicine in any of its branches including surgery and obstetrics but not including veterinary medicine or surgery or the ayurvedic, unani, homoeopathic or biochemic system of medicine. ..... reference is also made to the provisions of the maharashtra medical council act, 1965, though even that act does not define the word 'college' but the word 'medical practitioner' has been defined under section 2(d) which reads as follows:2(d) 'medical practitioner' or 'practitioner' means a person who is engaged in the practice of modern scientific medicine in any of its branches including surgery and obstetrics, but not including veterinary medicine or surgery or the ayurvedic, unani, homoeopathic or biochemic system of ..... the provisions under the maharashtra medical council act, 1965 can be safely applied to the facts and circumstances of the present case and even under the common parlance, the expression 'medical practitioner' is capable of including within its ambit recognized medical practitioner in all the fields i.e. ..... we have already discussed and held that the expression 'medical practitioner' appearing in the maharashtra medical council act, 1965 has no application to the case of respondent no. 3. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1990Bom330; 1990(2)BomCR201
..... there are three legislative acts whichgovern medical practice in maharashtra.they are the indian medical council act,1956, the maharashtra medical council act,,1965 and the maharashtra medical practitioners act, 1961.the indian medical council act, 1956 --the i. m. c. ..... they seek a direction (i) to the government of maharashtra that the diploma be awarded to them and (ii) to the maharashtra medical council that the petitioners be registered as medical practitioners under section 16 of the maharashtra medical council act.2. ..... did not have a place in the schedule to the maharashtra medical council act, maharashtra act no. ..... the maharashtra medical council act hereinafter referred to as the m. m. c. ..... section 16(3) of the act entitles the persons holding the qualifications specified in the schedule to have their names registered as medical practitioners maintained by the maharashtra medical council under subsections (1) and (2) of section 16 of the act. ..... in exercise of its authority under section 28(1) of the act and in consultation with the maharashtra medical council, hereinafter referred to as the m. m. c. ..... (ii) the maharashtra medical council, bombay, shall supply forthwith to each petitioner the application form for registration prescribed under section 16 of the m. m. c. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIAD(SC)634; AIR1996SC2111; 1996(4)ALT18(SC); 1996(2)BLJR1064; (1996)3GLR342; JT1996(5)SC1; 1996(4)SCALE364; (1996)4SCC332; [1996]Supp2SCR671
..... a combined reading of the aforesaid acts, namely, the bombay homoeopathic practitioners act, 1959, the indian medical council act, 1956 and the maharashtra medical council act, 1965 indicates that a person who is registered under the bombay homoeopathic practitioners act, 1959 can practice homoeopathy only and that he cannot be registered under the indian medical council act, 1956 or under the state act, namely, the maharashtra medical council act, 1965, because of the restriction on registration of persons not possessing the requisite qualification. ..... so also, a person possessing the qualification mentioned in the schedule appended to the indian medical council act, 1956 or the maharashtra medical council act, 1965 cannot be registered as a medical practitioner under the bombay homoeopathic practitioners act, 1959, as he does not possess any qualification in homoeopathic system of medicine. ..... (b) medical council of india constituted under the indian medical council act, 1956 as also the state medical council under the maharashtra medical council act, 1965 to whom a copy of this judgment shall be sent shall consider the feasibility of initiating appropriate action against respondent no. ..... apart from the central act mentioned above, there is the maharashtra medical council act, 1965 dealing with the registration of medical practitioners and recognition of qualification and medical institutions. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2002Bom104; 2002(2)BomCR743; 2002(1)MhLj846
..... the respondent council is constituted under the maharashtra medical council act, 1965 (hereinafter referred to as, 'the act'). ..... on 22-3-1996 the respondents doctors, who were charged with negligence before the consumer disputes redressal committee, produced before that committee a letter dated 21-3-1996 addressed to them by the maharashtra medical council to the effect that the council has accepted the recommendations of the executive committee that there is no prima facie case against the respondents - doctors and no further inquiry being necessary, the case is closed. ..... the only grievance of the petitioner is that the respondent - maharashtra medical council ought not to have accepted the recommendations of its executive committee that there is no prima facie case against the respondents - doctors i.e. ..... it is contended on behalf of the petitioner that the petitioner is entitled to hearing before the maharashtra medical council takes any decision to exonerate the respondents doctors.7. ..... we find that the order of the respondent maharashtra medical council in the case before us is not a speaking order. ..... 1 -- maharashtra medical council dated 21-3-1996 by which the maharashtra medical council has accepted the opinion of its executive committee that the respondents-doctors are not guilty of any negligence in discharge of their professional duties; in particular, in treating the petitioner's father at ashirwad heart hospital, ghatkopar (east), .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(5)BomCR368
..... examination held in november/december, 1994 and got registered under the maharashtra medical council act, 1965 on 29-2-96. ..... government pleader took strong objection on the ground that creation of medical post was in the hand of the medical council of india and at any rate for that purpose the medical council of india was a necessary party, and in absence of medical council of india in the present petition prayer of the petitioner (or creation of additional seat was required to be rejected.9 ..... for the respondent that the medical council of india is not a party to this petition and consequently additional seats cannot be created in a case like this.24 ..... 2 of the said government resolution provides that,'each recognised post-graduate teacher in clinical, para-clinical and basic medical subject shall admit for post graduate registration not more than two candidates per year in a unit for university post-graduate degree or diploma taken together, ..... the dispute between the parties is regarding admission to post graduate course in medical faculty and the petitioner in this petition has challenged the order of the university college tribunal dated 23-9-1997, by the which the appeal filed by the petitioner was dismissed ..... the learned assistant government pleader for the dean, government medical college contended that, accepting the resignation of the respondent ..... state of maharashtra & others.it is held that,'candidate belonging to the schedule caste category was granted admission to the m.s. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998VIIAD(SC)457; AIR1999SC468; JT1998(7)SC78; 1998(5)SCALE501; (1998)7SCC579; [1998]Supp2SCR143
..... 'we have perused the bombay medical act, 1912, bihar and orissa medical act, 1916, punjab medical registration act 1916, rajasthan medical act 1952 and maharashtra medical council act, 1965 which regulate maintenance of registers of medical practitioners and the entitlement to practice allopathic medicine. ..... means a person-(i) holding a qualification granted by an authority specified or notified under section 3 of the indian medical degrees act, 1916 (7 of 1916), or specified in the schedules to the indian medical council act, 1956 (102 of 1956); or(ii) registered or eligible for registration in a medical register of a state meant for the registration of persons practising the modern scientific system of medicine (excluding the homeopathic system of medicine); or(iii) registered in a medical register (other than a register for the registration of homeopathic practitioners) of a state, who although not ..... on a state register of indian medicine; (c) the right of a person to practise indian medicine in a state in which, on the commencement of this act, a state register of indian medicine is not maintained if, on such commencement, he has been practising indian medicine for not less than five years; (d) the rights conferred by or under the indian medical council act, 1956 (including the right to practise medicine as defined in clause (f) of section 2 of the said act, on persons possessing any qualifications included in the schedules to the said .....
Tag this Judgment!Court : Mumbai
..... thereafter, on 8th february,2013 the respondent no.2 through its registrar issued a show cause notice to the petitioner as to why action under provisions of the act of 1994 and the maharashtra medical council act, 1965 (hereinafter referred to as "the act of 1965" for short) should not be taken. ..... the challenge in this writ petition is to the communication dated 25th april, 2013 issued by the maharashtra medical council, mumbai - respondent no.2 whereby it has issued a letter of warning to the petitioner and has further directed her to refrain from using ultra sound / sonography equipment in practice of any type. ..... in exercise of said power, the maharashtra medical council rules, 1967 ("the rules of 1967" for short) have been framed. ..... maharashtra medical council and anr, 2013 (6) mh.lj 42. ..... " under section 10 (d) of the act of 1965 the medical council has a power to reprimand a practitioner, or to suspend or remove him from the register, or to take such other disciplinary action against him as may, in the opinion of the council, be necessary or expedient. ..... garge, the learned counsel for respondent no.1 submitted that in terms of provision of section 23(2) of the act of 1994, the appropriate authority had reported the aspect of framing of charge against the petitioner to the state medical council and on that basis the aforesaid action had been taken. .....
Tag this Judgment!Court : Mumbai
..... thereafter, on 8th february,2013 the respondent no.2 through its registrar issued a show cause notice to the petitioner as to why action under provisions of the act of 1994 and the maharashtra medical council act, 1965 (hereinafter referred to as "the act of 1965" for short) should not be taken. ..... the challenge in this writ petition is to the communication dated 25th april, 2013 issued by the maharashtra medical council, mumbai - respondent no.2 whereby it has issued a letter of warning to the petitioner and has further directed her to refrain from using ultra sound / sonography equipment in practice of any type. ..... in exercise of said power, the maharashtra medical council rules, 1967 ("the rules of 1967" for short) have been framed. ..... maharashtra medical council and anr, 2013 (6) mh.lj 42. ..... " under section 10 (d) of the act of 1965 the medical council has a power to reprimand a practitioner, or to suspend or remove him from the register, or to take such other disciplinary action against him as may, in the opinion of the council, be necessary or expedient. ..... garge, the learned counsel for respondent no.1 submitted that in terms of provision of section 23(2) of the act of 1994, the appropriate authority had reported the aspect of framing of charge against the petitioner to the state medical council and on that basis the aforesaid action had been taken. .....
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