Supreme Court of India
Baharul Islam & Ors. v. Indian Medical Association and Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that decision of the Gauhati High Court holding that the Assam Act to be null and void, is just and proper.
Judgment, page 101
From the headnote
Assam Rural Health Regulatory Authority Act, 2004 – Constitutionality of – Legislative Competency of the Stat e – Assam State legislature enacted the Assam Rural Health Re gulatory Authority Act, 2004 – Said Act provides for the establis hment of a regulatory authority to register the Diploma holders and to reg ulate their practice – State Act in conflict with Central Ac t (Indian Medical Council Act, 1956) – Writ Petition challenging the Constituti onality of the Act – High Court allowed the Writ petition by holding that the Act, 2004 was unconstitutional as the State Act was in conf lict
Authorities it was built on
- 1999 Dr. Preeti Srivastava and Anr. Etc. Etc. v. The State of Madhya Pradesh and Ors.
- 1983 Hoechst Pharmaceuticals Ltd. and Another Etc. v. State of Bihar and Others
- 2016 Modern Dental College & Research Center & Anr. v. State of Madhya Pradesh and Ors. Interlocutory Application No. 83 of 2015
- 1995 State of Tamil Nadu and Anr. v. Adhiyaman Educational and Research Institute and Ors.
- 1969 Suri Prithvi Cotton Mills Ltd. & Anr. v. Broach Borough Municipality & Ors.
- 1960 Atiabari Tea Co., Ltd. v. The State of Assam and Others. (and Connected Petition and Appeals)
- 1988 Ujagar Prints Etc. v. Union of India & Ors. Etc.
- 1960 The Hingir-rampur Coal Co., Ltd. and Others v. The State of Orissa and Others
- 1963 The South India Corporation(p) Ltd. v. The Secretary, Board of Revenue, Trivandrum & Anr.
- 2004 Ashok Leyland Ltd. v. State of Tamil Nadu and Anr.
- 2005 Prof. Yashpal and Anr. v. State of Chhattisgarh and Ors.
- 1962 The Calcutta Gas Company (proprietary) Ltd. v. The State of West Bengal and Others
- 1998 Medical Council of India v. State of Karnataka and Ors. Etc.
- 1976 I. N. Saksena v. The State of Madhya Pradesh
- 1996 Thirumuruga Kirupananda Variyar Tha Vathiru Sundara Swamigal Medical Educational and Charitable Trust v. State of Tamil Nadu and Others
- 1962 The Gujarat University, Ahmedabad v. Krishna Ranganath Mudholkar and Others
- 1992 Dr. A.K. Sabhapathy v. State of Kerala and Ors.
- 2021 M/s. Chitralekha Builders & Anr. through Anil G. Shah Power of Attorney & Husband of the Partner v. Employees Sonal Vihar Co-op. Housing Society Ltd. & Anr.
- 2009 State of Himachal Pradesh v. Narain Singh
- 2018 Tamil Nadu Medical Officers’ Association & Ors. v. Union of India & Ors.
- 1960 K. R. C. S. Balakrishna Chetty & Sons & Co. v. The State of Madras
- 1985 M/s. Hindustan Gum & Chemicals Ltd. v. State of Haryana & Ors.
- 2018 Chintpurni Medical College and Hospital & Anr.v. State of Punjab & Ors. v. State of Punjab & Ors.
- 2019 Association of Medical Super Specialityaspirants and Residents & Ors. v. Union of India & Others
- 1998 Dr. Mukhtiar Chand and Ors. Etc. v. The State of Punjab and Ors.
- 1984 Central Coal Fields Ltd. Etc. v. Bhubaneswar Singh & Ors.
- 2003 Subhashis Bakshi and Anr. v. West Bengal Medical Council and Ors.
- 1961 The Orient Paper Mills Ltd. v. The State of Orissa and Others
- 1977 Misrilal Jain Etc. Etc. v. State of Orissa & Another
Where later benches applied it
Of those, 1 referred to
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