Court : Supreme Court of India
Decided on : Sep-13-2018
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9519 OF2018(Arising out of S.L.P. (C) No.21859 of 2018) MEDICAL COUNCIL OF INDIA ...APPELLANT(S) VERSUS N.C. MEDICAL COLLEGE & HOSPITAL & ORS. ...RESPONDENT(S) JUDGMENT ARUN MISHRA, J.1. Medical Council of India (in short, the MCI) is in appeal as against the judgment and order passed by the High Court allowing the writ petition of the medical college to admit 150 students for the academic year 2018-19 and in view of G.O. dated 31.5.2018 passed by the Government of India granting permission subject to the outcome of the writ petition in view of mandatory interlocutory order dated 29.5.2018 requiring the Government of India to accord approval to the college by 31.5.2018, though the said interlocutory order dated 29.5.2018 also permitting provisional admissions was set aside by this Court in Civil Appeal No.6001 of 2018.2. The case has a chequered history. After the N.C. Medical College had 1 obtained E...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-09-2018
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.215 OF2005Common Cause (A Regd. Society) Versus Union of India and Another ...Petitioner(s) Respondent(s) JUDGMENT Dipak Misra, CJI [for himself and A.M. Khanwilkar, J.]. I N D E X Heading S. No.A. Prologue B. Contentions in the Writ Petition Page No.3 10 C. Stand in the counter affidavit and the 14 applications for intervention D. Background of the Writ Petition D.1 P. Rathinams case The question of unconstitutionality of Section 309 of the Indian Penal Code D.2 Gian Kaurs case The question of unconstitutionality of Section 306 of 18 19 22 2 the Indian Penal Code D.3 The approach in Aruna Shanbaug qua Passive Euthanasia vis--vis India D.4 The Reference E. Our analysis of Gian Kaur F. Our analysis of Aruna Shanbaug qua legislation 30 42 45 51 G. The Distinction between Active and Passive 52 Euthanasia H. Euthanasia : International Position H.1 U.K. Decisions: H.1.1 Airedale Case H.1.2 Late...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-2018
Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8429 of 2018 (Arising out of Special Leave Petition (Civil) No.19919 of 2018) Medical Council of India .... Appellant Versus The Principal KMCT Medical College & Anr. .Respondent(s) JUDGMENT L. NAGESWARA RAO, J.Leave granted. The High Court directed the Appellant to 1. recommend grant of permission to the Respondent No.1 College for admission of 150 seats in 1st year MBBS for the academic session 2018-19. By the impugned judgment, the High Court also directed Respondent No.2 Union of India to issue a letter of permission on the 1 | P a g e basis of recommendation of the Appellant. Aggrieved thereby, the MCI has filed this appeal. Respondent No.1 (hereinafter referred to as the 2. College) was granted permission to start a medical college for the academic year 2008-09 with an intake of 100 students. Thereafter, a Notification was issued under Section 11(2) of the Medical Council of India Act, 195...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-09-2018
1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3155 OF2017UNION OF INDIA APPELLANT VERSUS MOOL CHAND KHAIRATI RAM TRUST RESPONDENT WITH CIVIL APPEAL NOS.31533154 OF2017CIVIL APPEAL No.3156 OF2017AND CIVIL APPEAL NOS.31573158 OF2017JUDGMENT ARUN MISHRA, J.1. The question involved in the appeals is with respect to the validity of Circular issued by the Government of NCT of Delhi (GNCTD) on 2.2.2012 whereby it intimated the hospitals to implement 2 the judgment of Delhi High Court with regard to free treatment to the weaker sections of the society in terms of the judgment dated 22.3.2007 in the case of Social Jurists v. Government of NCT of Delhi & Ors. Thereafter, the Land & Development Officer (in short, L&DO') passed an order dated 2.2.2012 wherein it was stated that the Government of India had taken a policy decision that all the hospitals which have been provided land by L&DO have to strictly follow the policy of providing free treatment as ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-09-2018
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.10352 OF2018( @ SPECIAL LEAVE PETITION [C]. NO.23284 OF2018) MEDICAL COUNCIL OF INDIA APPELLANT(S) VERSUS LORD BUDDHA EDUCATIONAL SOCIETY & ORS. RESPONDENTS JUDGMENT ARUN MISHRA, J.1. The background of the case indicates that the College was established pursuant to the directive issued by the Oversight Committee vide letter dated 20.8.2016. The negative recommendation was made by the MCI to the Government of India. However, in view of the Oversight Committees letter dated 20.8.2016, conditional permission was granted by the Government of India to set up a medical college w.e.f. the academic year 201617 with an annual intake capacity of 150 MBBS students. The conditions stipulated that during the subsequent inspection if it was found that the College was 2 deficient then the medical college shall be debarred for two academic years.2. On 7/8.11.2016, the assessment was carried out by a team of the MC...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-29-2018
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 10372 OF2018(Arising out of Special Leave Petition (C) No.24120 of 2018) MEDICAL COUNCIL OF INDIA ..APPELLANT(S) VERSUS THE CHAIRMAN, S.R. EDUCATIONAL AND CHARITABLE TRUST & ANR. ..RESPONDENT(S) WITH CIVIL APPEAL NO(S). 10373 OF2018(Arising out of Special Leave Petition (C) No.24130 of 2018) MEDICAL COUNCIL OF INDIA ..APPELLANT(S) VERSUS THE CHAIRMAN, ALAZHAR MEDICAL COLLEGE AND SUPER SPECIALITY HOSPITAL & ORS. ..RESPONDENT(S) CIVIL APPEAL NO(S). 10374 OF2018(Arising out of Special Leave Petition (C) No.27763/2018 MEDICAL COUNCIL OF INDIA ..APPELLANT(S) D.32809 of 2018) VERSUS D.M. EDUCATION AND RESEARCH FOUNDATION & ORS. ..RESPONDENT(S) 1 AND CIVIL APPEAL NO(S). 10375 OF2018(Arising out of Special Leave Petition (C) No.27764/2018 MEDICAL COUNCIL OF INDIA ..APPELLANT(S) D.32811 of 2018) VERSUS DR. P. KRISHNA KUMAR & ORS. ..RESPONDENT(S) JUDGMENT ARUN MISHRA, J.1. The Medical Council of India (for ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-14-2018
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.767 OF2014Pankaj Sinha versus Union of India and Others ...Petitioner(s) ...Respondent(s) Dipak Misra, CJI JUDGMENT The instant writ petition preferred under Article 32 of the Constitution of India seeks issue of directions to the Union of India and the States, the respondent Nos. 1 to 30 herein, to conduct periodic national survey for determining new cases relating to detection rate of leprosy and to publish and bring in the public domain the reports of National Sample Survey on Leprosy conducted in 2010-2011 and further to conduct regular and sustainable massive awareness campaigns for the general public to dispel the fear associated with leprosy and support and encourage the people afflicted by the said disease to lead a life of equality and dignity.2. It is also prayed that the respondents should ensure that Multi-Drug 2 Therapy (MDT) drugs and other drugs for management of leprosy and com...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-06-2018
..... conduct are prohibited from imperiling the life, health and security of the 39 community. unrestrained pleasure, and that too of a lascivious nature, is not conducive for the growth of a civilized society, such inordinate gratification needs to be curbed and, thus, prohibition against carnal intercourse as defined in section 377 ipc does not violate the ..... patronizing attitude towards the role of women compounds the difficulty in accepting the logic of nergesh meerza. this approach, in my view, is patently incorrect. 41 a discriminatory act will be tested against constitutional values. a discrimination will not survive constitutional scrutiny when it is grounded in and perpetuates ..... or funded by the appropriate government. (2) the right to access mental healthcare and treatment shall mean mental health services of affordable cost, of good quality, available in sufficient quantity, accessible geographically, without discrimination on the basis of gender, sex, sexual orientation, religion ..... oblivious of the saying of nelson mandela to deny people their human rights is to challenge their very humanity. 98 150. article 12 of the universal declaration of human rights, (1948) makes a reference to privacy by stating:- "no one shall be ..... reading down, much less striking down of, the provisions of section 377 ipc in its present form. this is so because the state cannot compel individuals engaging in consensual sexual acts from testifying 18 (1970) 2 scc78019 (1979) 1 scc2338 against one .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-18-2018
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.10466 OF2017MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. .....APPELLANT(S) VERSUS M/S. DATAR SWITCHGEAR LIMITED & ORS. .....RESPONDENT(S) JUDGMENT A.K. SIKRI, J.The appellant herein had awarded a contract to the respondent. Dispute had arisen leading to the constitution of an Arbitral Tribunal (having regard to the Arbitration Agreement contained in the contract between the parties) and those arbitration proceedings culminated in the Arbitral Award dated June 18, 2004. An application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) was filed by the appellant, questioning the correctness of the Award which was dismissed by the learned Single Judge of the High Court vide orders dated March 18, 2009 and April 30, 2009 Civil Appeal No.10466 of 2017 Page 1 of 65 thereby affirming the Arbitral Award. Intra-court appeal thereagainst, which was pre...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-04-2018
..... act and the tbr, 1993 formulated in pursuance of section 44 of the 1991 act divulges that the lieutenant governor of delhi is not a titular head, rather he enjoys the power of that of an administrator appointed by the president under article 239aa. at the cost ..... propounded that a state unemployment statute had not been coerced by the adoption of the social security act and the united states and the state of alabama are not alien governments but they coexist ..... objectives be fulfilled. it is submitted that judgments of this court in rustom cavasjee cooper vs. union of india, (1970)1 scc248 air1970sc564and judgment of this court in maneka gandhi vs. union of in dia and another, (1978 ..... 150 part k the committees 26. trade and commerce within the state subject to the provisions of entry 33 of list iii.37. elections to the legislature of the state subject to the provisions of any law made by parliament.38. salaries and allowances of members of the legislature of the state, of the speaker and deputy speaker of the legislative assembly and, if there is a legislative council, of the chairman and deputy chairman thereof.39 ..... act as a facilitator.269. we had earlier stated that mr. maninder singh, learned additional solicitor general, had urged that the report of the balakrishnan committee should be taken aid of to interpret the constitutional provision and for the said purpose, he had placed reliance on maumsell v. olins92, eastman photographic materials company v. comptroller general of patents .....
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