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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: allahabad Year: 1969 Page 1 of about 569 results (0.050 seconds)

Dec 31 1969 (HC)

Parbhu Lal Vs. Sital Prasad

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1888)ILR10All535

..... ; for the imbecility must be such as would justify a jury, under a commission of lunacy, in putting his property and person under the protection of the chancellor. but a degree of weakness of intellect, far below that which would justify such a proceeding, coupled with other circumstances, to show that the weakness, such as it was, had been taken advantage ..... civil law and some reported cases, that medical attendants were, upon questions of this kind, within that class of persons whose acts, when dealing with their patients, ought to be watched with great jealousy. ' undoubtedly ' observed lord cottenham, 'they are; but i will not narrow ..... on this head i may conveniently refer to a passage from the notes to huguenin v. baseley, 2 white and tudor's l. c., 4th ed., p. 592: ' in dent v. bennett, 4 my. and cr. 262, where a gift obtained by a medical attendant from his patient was set aside by lord cottenham, it was argued upon the authority of the ..... . baseley, 2 wh. and t. l. c., 592, and to the doctrine promulgated in story's equity jurisprudence, to which i have referred. it has not been denied, and, indeed mr. ross would not have contended for so unsustainable a proposition, that assuming there was a relationship such as that which is contemplated in clause (1), section 16 of the contract act, or .....

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Dec 31 1969 (HC)

Empress of India Vs. Fox

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1880)ILR2All522

..... , but only the blows themselves, inflicted, as these were, suddenly, under an impulse momentarily excited and not arising from any actual malice against the man.*'voluntarily.'[section 39:--a person is said to cause an effect ' voluntarily ' when he causes it by means, whereby he intended to cause it, or by means which ..... the portion of the court's letter (i.e. the court's first letter to the local government) thus referred to is in these terms:--'the medical evidence shows that the spleen was in a diseased condition; that death was caused by the rupture of the spleen; that this injury might have been ..... was committed or inflicted so recklessly as to show that the offender was utterly regardless of the consequences of his act. but in the present case the evidence falls considerably short of such a degree of criminality: it simply amounts to this, that very early on the morning of the 30th august last fox, ..... of culpable homicide. unless it be proved that a person who has caused the death of another caused death with the intention--(i) to cause death; (ii) to cause bodily injury likely to cause death; (iii) to cause such bodily injury as he knew to be likely to cause death to the ..... by the government in its judicial capacity, had not heard and determined the matter in the usual way, but simply by letter in reply to the government.2. the case has now according to. the course of the court come on for hearing and disposal by myself, both prosecutor and accused being professionally represented .....

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Mar 25 1969 (HC)

Hari Ram Sri Harkesh Vs. Election Tribunal, Muzaffarnagar and ors.

Court : Allahabad

Decided on : Mar-25-1969

Reported in : AIR1970All146

..... both of 'sect' as used to represent a religious denomination and also to represent a sub-division of that reugious community or section of the electorate. from the definition of the words 'minority community' given in the town areas act it is clear that the framers of the law meant to refer to religious denominations also as sects. the inducing or attempting to ..... as electors of separate communities minority community was again defined to mean muslim or non-muslim community according to the population in the area of the committee. section 8-a (2) of the town areas act provides that the chairman shall be elected by the electors of the town area at an election to be held simultaneously with the general election of the ..... clause (iv) of| rule 49 even an attempt to induce has been made a corrupt practice.14. the learned counsel for respondent no. 2 drew our attention to the provisions of section 28 of the u. p. municipalities act and urged that while the word 'inducing' has been used in respect of securing votes by exercise of fraud etc. or by extending a ..... , expostulations, or reasons, to coax.'induce' has been held synonymous with 'influence' and 'persuade'. it has also been compared with 'influence'.11. according to webster's new international dictionary, vol. 2 'induce' means to lead on, to influence, to bring on or about, to effect, to cause, to use argument.' the word 'influence' means 'to sway, to infuse, to inspire and .....

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Oct 03 1969 (HC)

The Commissioner of Gift Tax, Lucknow Vs. Jagdish Saran

Court : Allahabad

Decided on : Oct-03-1969

Reported in : AIR1971All101; [1970]75ITR529(All)

..... possible to dispose of the question before us without entering into the question of applicability of sub-clause (d) of clause (xxiv) of section 2 of the act. according to the main definition contained in clause (xxiv) of section 2 of the act. transfer of property means any disposition of property. when sri jagdish saran converted his self-acquired property into joint family property, he certainly ..... amounts to transfer of property, and does not cease to be a transaction within the meaning of section 2(xxiv)(d) of the gift tax act.14. section 2 of the act contains a number of definitions. the term 'gift' has been defined in clause (xii) of section 2 of the act as follows:--'gift means the transfer by one person to another of any existing movable or immovable ..... disposed of his property. there is, therefore, no difficulty in describing this process as 'transfer of property' as defined in clause (xxiv) of section 2 of the act.18. the definition of gift has already been quoted. the definition has got several elements. the first element is that there must be transfer by one person to another. we have already explained that the transaction ..... of the case, conversion of the self-acquired property into joint family property amounted to a transfer so as to come within the scope of the definition of gift under section 2(xii) of the gift tax act?'3. mr. banarsi das appearing for the assessee contended before us that the property in question was joint family property even before 31-3-1967. .....

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Feb 26 1969 (HC)

Commissioner, Sales Tax, U.P. Vs. Ram Bilas Ram Gopal

Court : Allahabad

Decided on : Feb-26-1969

Reported in : AIR1970All518; [1969]24STC508(All)

..... food controller under the u.p. procurement (levy) order, 1959, are sales within the meaning of 'sales' under section 2(h) of the u.p. sales tax act? (2) whether in the circumstances of the case the assessees are liable to pay sales tax on the sales made to the regional food controller under the provisions ..... tax upheld the exclusion, holding that the supplies effected by the assessee to the regional food controller did not amount to a sale for the purpose of section 2(h) of the u.p. sales tax act. at the instance of the commissioner of sales tax, the additional judge (revisions) has referred the following questions:--(1) whether the sales made to the regional ..... other words, the ratio decidendi of the earlier case could not be correctly deduced from the case without reference to the context and the subject-matter to which the accepted definition of sale had been applied. it appears to me that their lordships adopted a well-recognised method of extracting the ratio decidendi of a case, indicated in salmond's jurisprudence ..... approval to what cheshire and fifoot 6th edn. p. 23 have said in their 'law of contract.''as the nineteenth century waned became ever clearer that private enterprise predicted some degree of economic equality if it was to operate without injustice. the very freedom to contract with its corollary the freedom to compete, was merging into the freedom to combine; and .....

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Feb 20 1969 (HC)

Commissioner, Sales Tax, U.P., Lucknow Vs. Prayag Chemical Works, Nain ...

Court : Allahabad

Decided on : Feb-20-1969

Reported in : AIR1970All191; [1970]25STC85(All)

..... is levied on a dealer, and a 'dealer' has been defined by section 2 (c) of the act as a person buying or selling goods. i think it to be beyond dispute that as the u.p. sales tax act is a fiscal statute providing for the levy of a tax on the ..... dated 10-4-1961 it appears that the assessee admitted before him that it manufactures sodium silicate by chemical process. according to one of the definitions of the word 'chemical' any substance which is produced by a chemical process is regarded as a chemical. as already stated above, the ..... which is popularly known as 'soda silicate'. sodium silicate is manufactured by fusing together sand and soda-ash under high temperature. this process is definitely chemical, even though the chemical composition of the resultant product viz., sodium silicate is not always uniform; but that is immaterial because having ..... a certain chemical substances exchanges place with a similar atom in adifferent substance.'chemical compounds'a substancecomposed of two or more elements combined in definite proportions fay weight,the individual properties of the constituents having disappeared and the laterbeing inseparable by physical means.'34. sodium silicate, in the ..... reinforce this argument from books on science. the argument proceeds in this way: a chemical, in its true scientific sense, is a substance of definite and known composition. sodium silicate is a compound of sodium and silicate. its formula is somewhat indefinite. the formula varies between na2 sio2 and .....

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Feb 18 1969 (HC)

Babboo Vs. State

Court : Allahabad

Decided on : Feb-18-1969

Reported in : AIR1970All122; 1970CriLJ196

..... inspector for production in case any legal proceedings are taken or for analysis by the director of the central food laboratory under sub-section (2) of section 13 of the act, as the case may be. in the case before me the third container which the food inspector must have retained for production ..... was bound to have deteriorated by the time the accused had the opportunity to avail himself of the benefit of the provisions contained in section 13 of the act. the first contention must, therefore, fail.5. as regards the next contention, learned counsel for the state concedes that apart from such ..... than six months had passed by the time the applicant had the opportunity to avail himself of the benefit of the provisions contained in section 13 of the act and the sample must have deteriorated and analysis thereof by the director of the central food laboratory must have been rendered useless. this ..... in starting the prosecution of the applicant, the applicant was deprived of the valuable right conferred on him by the provisions contained in section 13 of the act to get the sample analysed by the director of the central food laboratory because by the time the applicant learnt of his prosecution the ..... .d. gupta, j.1. this is a revision by one babboo who stands convicted for the offence punishable under section 16 of the prevention of food adulteration act, hereinafter referred to as the act.2. the prosecution case was that, on the morning of the 21st of july, 1966, the applicant was found on .....

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Jan 10 1969 (HC)

Raghubar Dayal Kanodia Vs. Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Jan-10-1969

Reported in : AIR1970All143

..... had been correctly and honestly noted down. such a dispute, in my opinion, is clearly outside the provisions of section 7-b(1) of the telegraph act therefore, section 7-b(1) of the telegraph act cannot be accepted as a bar to the filing of the writ petitions or to the granting of reliefs to ..... substance. section 7-b(1) of the indian telegraph act. 1885 reads as follows:-- 'except as otherwise expressly provided under this act, any dispute concerning any telegraph line, appliances or apparatus arises between the telegraph authority and the person ..... 443 of the rules is ultra vires or illegal. 7. in the counter-affidavit, it was also pleaded that since the telegraph act itself provides for an alternative remedy under section 7-b thereof, the writ petitions are not legally maintainable. this plea does not appear to me to be a plea of ..... from 1-4-1967 to 30-6-1967 and local calls for the period from 1-12-1966 to 28-2-1967 was given to and received by the petitioner of each case in march, 1967. the amount demanded under the bill in the case of r ..... this court was communicated to the authorities concerned. in the second case, however, the stay order was communicated before the actual disconnection of the telephone. 2. both the petitioners in the instant writ petitions are businessmen having telephone connections in their business premises. a bill for the fixed rental for the period .....

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Mar 12 1969 (HC)

Upper Ganges Sugar Mills Ltd. Vs. Civil Judge, Bijnor and ors.

Court : Allahabad

Decided on : Mar-12-1969

Reported in : AIR1970All130

..... -holder to whom a statement has not been issued under section 10 (2) of the act is not entitled to file an objection, under that provision i.e. section 10 (2) of the act, to the statement prepared under section 10 (1) of the act and issued to another person under section 10 (2) of the act. section 11 (1) of the act does not provide for the filing of any objection and ..... a person really holds has to be treated as his, irrespective of the fact that somebody else is the ostensible holder of any such land. section 4 (1) emphasises the generality of the words used in the definition of 'tenure-holder' and furnishes a key, if one is at all needed, to the interpretation of that expression in the provisions that follow ..... materially affect the answer to it. those matters, therefore, have also to be dealt with,16. the expression 'tenure-holder' has been defined in the act. unless, therefore, the meaning given to it by the definition is repugnant in the context and the subject-matter of the provisions dealing with the procedure for determination and acquisition of surplus land, it would not ..... the above matters can be fully carried into effect only when the expression 'tenure-holder' used therein is understood in the plain terms of its definition. and it would, indeed, be strange if the definition provided by the act for the expression 'tenure-holder' became repugnant or inappropriate in the provisions relating to the very first and the most essential step towards the .....

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Dec 14 1969 (HC)

Khurkhur Vs. State Through the Asst. Engineer, P.W.D.

Court : Allahabad

Decided on : Dec-14-1969

Reported in : AIR1970All198; 1970CriLJ433

..... to the first question referred to us for decision and we see no necessity to embark on a discussion of whether any of the provisions of sub-sections (2) to (6) of section 3 of the act are mandatory or directory since in our opinion that would be outside the scope of the question in the form in which it has been framed.6 ..... the learned government advocate what the factual position was; and the affidavit that was filed on 17-12-1968 in response to this query shows that in actual fact sub-section (2) of section 3 of the act has been fully complied with, inasmuch as the required notification was duly published in two vernacular newspapers, the 'aaj' and the 'qaumi awaz', on 24 ..... in the affirmative, will it be for the prosecution to establish in every case that the procedure prescribed under sub-sections (2) to (6) of section 3 of the act was gone through before a declaration was made under sub-section (1) of section 3 of the act or the necessary onus to establish the want of compliance will lie on the accused.' the questions propounded by ..... with law, because the state government had not published a preliminary declaration in two vernacular newspapers, as required by sub-section (2) of section 3 of the act. the learned a.d.m. (j) repelled this argument on the ground that under sub-section (7) of section 3 the notification was conclusive evidence that the area was a 'controlled area' and that the prosecution was under .....

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