Corporate Law judiciary-2

Do not allow more than two attendants of a patient in hospital: HC

Afak Anwar Mandaviya Vs. Maharashtra Association of Resident Doctors (MARD) and others. (Bombay High Court)

In spite of norms that not more than two attendants of a patient will be allowed to enter the hospital through the main gate itself has to be strictly implemented. This would include visitors visiting the patients during a particular visiting hours of the hospital. In other words, at any point of time, there may not be more than two atten...

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Management can taken action against doctors on Strike: HC

Afak Anwar Mandaviya Vs. Maharashtra Association of Resident Doctors (MARD) and others. (Bombay High Court)

The petitioners who have filed this public interest litigation (PIL) submits that there is urgency in the matter since more than 50 patients have died on account of mass strike of resident doctors numbering about 4,500 all over the State of Maharashtra. Learned counsel appearing for the respondent Association submits that they have not gi...

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Delayed disclosure of alleged extra judicial confession makes evidence untrustworthy

Radheshyam Kashyap alias Radhe Vs The State Of Chhattisgarh (Chhattisgarh High Court)

It is equally settled that circumstantial evidence in the nature of extra judicial confession is always considered to be a weak type of evidence, therefore, conviction on such evidence can form basis if it passes the test of credibility and the Court is fully convinced that the extra judicial confession is made voluntary in fit state of m...

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National Coal Wage Agreement is a settlement U/s. 2(P) of ID Act 1947

Avinash Saloman, Vs South Eastern Coalfields Limited, (Chhattisgarh High Court)

Thus, on the basis of aforesaid decision, it is quite vivid that National Coal Wage Agreement is a settlement within the meaning of Section 2(p) of the ID Act and is binding as provided under Section 18(3) of the ID Act and having force of law and to continue to remain in force unless the same is altered/modified or substituted by another...

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Gratuity is property under Article 300-A of Indian Constitution

Ramlal Sharma Vs State of Chhattisgarh (Chhatisgarh High Court)

In the matter of State of Jharkhand and others v. Jitendra Kumar Srivastava and another1 , it has been held by Their Lordships of the Supreme Court that gratuity and pension are not bounty and it is thus a hard earned benefit which accrues to an employee and is in the nature of property. ...

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Determination of caste status can be done only by Caste Scrutiny Committee

Virodhan Ram, Vs State of Chhattisgarh, (Chhatitisgarh High Court)

The Supreme Court in the matter of Madhuri Patil v. Commissioner, Tribal Development5 formulated scheme for verification of tribal status and held that any application for verification of her tribal status as a scheduled tribe should be carried out by such committee and issued direction for issuance of social caste certificate, their scru...

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Not considering married daughter for Compassionate appointment is violative of Constitution

Smt. Sarojni Bhoi Vs State of Chhattisgarh, (Chhattisgarh High Court)

HC held that Policy of Compassionate appointment excluding married daughter for consideration is a retrograde policy of Welfare State and violative of Article 16(2) of the Constitution. ...

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In Departmental Proceedings, Inquiry Officer is Quasi Judicial Officer

Syed Mansoor Hasan Rizvi Vs Director, Local Bodies and others (Allahabad High Court)

It is trite law that the departmental proceedings are quasi judicial proceedings. The Inquiry Officer functions as quasi judicial officer. He is not merely a representative of the department....

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Entry in birth register will prevail over entry in school register

CIDCO Vs. Vasudha Gorakhnath Mandevlekar (Supreme Court of India)

Deaths and Births register maintained by the statutory authorities raises a presumption of correctness. Such entries made in the statutory registers are admissible in evidence in terms of Section 35 of the Indian Evidence Act. It would prevail over an entry made in the school register, particularly, in absence of any proof that same was [...

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No exemption to Hospital building from tax payment for mere affiliation with educational institute

The Clarist Medical Trust Vs The Secretary to Government (Kerala High Court)

A hospital attached to a Medical College can be treated as a building used for educational purposes only when medical relief offered in said hospital is free of cost....

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