Skip to content


Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: allahabad Year: 1976 Page 1 of about 43 results (0.064 seconds)

Jan 08 1976 (HC)

PravIn Liladhar Dholakia Vs. C.T.A. Pillai and ors.

Court : Allahabad

Decided on : Jan-08-1976

Reported in : 1976CriLJ1813

..... the prisoners of the ordinary class.10. counsel for the petitioner has drawn my attention to the definition of a 'criminal prisoner' and 'civil prisoner', as defined under the prisons act. under section 3(2) of the prisons act 'criminal prisoner' means any prisoner duly committed to custody under the writ, warrant or order ..... documents in connection with this preliminary objection, but, i am of the opinion that the alleged suppression, if any, is not of such a degree that it disentitles the petitioner to approach this court for an appropriate remedy. from a perusal of the application filed in the supreme court it ..... (iii) to permit the detenu at his own expense an allowance of rs. 200 per month; (iv) to permit the detenu all facilities for medical treatment by a physician or consultant of his own choice at his own expense; (v) to grant the detenu all the interviews including the additional interviews ..... government is satisfied that such an action is necessary authorising the passing of a detention order. neither the preamble to the act nor section 3 of the act can be taken as restrictive conditions which have to be kept in view while the appropriate government frames rules to regulate the ..... the object of cofeposa, 1974. it is therefore urged that the conditions of detention which have been placed upon the detenu are ultra vires section 5 of the cofeposa. the impugned conditions go beyond what is necessary for the preventive detention of the detenu. punitive conditions cannot be imposed .....

Tag this Judgment!

Mar 12 1976 (HC)

Municipal Board, Faizabad Vs. Edward Medical Hall, Faizabad and ors.

Court : Allahabad

Decided on : Mar-12-1976

Reported in : AIR1976All349

..... , per maund, which, according to the plaintiffs, was illegal and without jurisdiction, on the ground, inter alia, that according to the u. p. municipalities act, 1916 and the bye-laws framed thereunder by the municipal board, faizabad, the octroi tax is chargeable from the person who imports the goods from outside the limits of ..... sought by the citizen, and that it bars the jurisdiction of the civil and criminal courts in such matters. the bar contained in section 164 of the u. p. municipalities act was held to be explicit and absolute. it was not disputed in that case that the municipal board had the jurisdiction to levy ..... at the outset that the civil court had no jurisdiction to try the suit and the suit was bad for want of notice under section 326 of the u. p. municipalities act. i shall deal with these points in seriatim.(1) jurisdiction 6. the jurisdiction of a court to entertain and decide a suit ..... were despatched from the lucknow municipality, the party aggrieved would be entitled to have the decision of the civil court on that question. the provisions of section 164 would in that event not bar such a suit, though loosely speaking it might even in such a case be said that the question related ..... it was also urged by the defendant that the civil court had no jurisdiction to try the suit.2-a. the trial court held that no notice was necessary to be given under section 326 of the municipalities act and that the civil court had the jurisdiction to try the suit. it, however, found that .....

Tag this Judgment!

Sep 09 1976 (HC)

Mohd. Yaqoob Khan and anr. Vs. the Chief Controlling Revenue Authority

Court : Allahabad

Decided on : Sep-09-1976

Reported in : AIR1977All93

..... as chargeable to stamp duty, when it is executed, -which term 'executed' itself has to be interpreted in the light of the definition embodied in section 2(12). under section 2(12) 'executed' weans 'signed and 'execution.' means''signature', so it is clear that this will include the signatures of all persons, ..... in favour of, another a right over or in respect of specified property.'15. in view of the definition of the term 'mortgage deed' as given in section 2(17) of the stamp act, the full bench took the view that there must be transfer of interest in respect of specified property.16 ..... and is chargeable to stamp duty under article 35 (b), schedule i-b of the u. p. stamp (amendment) act, 1962 and referred the following questions of law ..... under section 57 of the indian stamp act for decision.5. the board of revenue took the view that the bid sheet under reference is an agreement to let tolls for a premium and falls within the definition of a lease, as given in section 2(16)(c) of the indian stamp act ..... b) ............ (c) any instrument by which tolls of any description are let; (d) ............' instrument is also a defined term under the indian stamp act. section 2(14) defines 'instrument' as under:'2 (14). 'instrument'.-- 'instrument' includes every document by which any right or liability, is or purports to be created, transferred, limited, extended, extinguished or .....

Tag this Judgment!

Dec 01 1976 (HC)

Ramzan Ali Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Dec-01-1976

Reported in : AIR1977All105

..... the board.' 9. the amending ordinance whichcame into force with effect from 15-9-1976, amended sub-sections (2), (12), (13)and (14) of section 87-a of the municipalities act by substituting new sub-sections (2), (12), (13) and (14). in both subsections (2) and (12) of section 87-a thefraction 'one-half' was substituted by'two-thirds'. the result of such amendment is that ..... the powers conferred by sub-section (1) of section 38 of the act, the government of u. p. issued a notification on 2-5-1956 extending to town areas the provisions of sections 47-a and 87-a of the u. p. municipalities act, 1916 (hereinafter referred to as the municipalities act).8. the relevant portions of section 87-a of the municipalities act, before it was amended by ..... the u. p. urban local self-government laws (second amendment) ordinance, 1976 (u. p. ordinance no. 28 of 1976), (hereinafter referred to as the amending ordinance), read as follows:'87-a (1). subject to the provisions of this section ..... power conferred by section 38 (1) of the town areas act, the state government has extended to town areas, section 87-a of the municipalities act and this section has not been incorporated in the town areas act. to determine whether after amendment of section 87-a of the municipalities act by the amending ordinance, it is section 87-a as it stood on 2-5-1956 (the .....

Tag this Judgment!

Jan 05 1976 (HC)

Rishi Kumar Gupta and ors. Vs. Nanoomal Yadav and ors.

Court : Allahabad

Decided on : Jan-05-1976

Reported in : AIR1976All365

..... challenged the legality and validity of the order of the commissioner dated july 21, 1975, purporting to be under section 34 of the u. p. municipalities act, 1916 (hereinafter referred to as the act). the facts are as under:-- firozabad town has a municipal board consisting of twenty eight members including the ..... the obstacle placed renders the exercise of that right unsafe or inconvenient the same would amount to obstruction. 6. similarly the word 'annoyance' has no definite legal meaning. it means an action which may cause trouble or troubled feeling. as observed by bowen, l. j., in tod. healthy v. benham ..... cancel the resolution dated 29-4-1975. the said resolution has been cancelled by the commissioner in exercise of his power under section 34 of the act. under section 34 the prescribed authority may, by order in writing prohibit the execution or further execution of a resolution or order passed ..... of respondent no. 1 was invalid the commissioner acting under section 34 of the act cancelled the special resolution passed on 29th of april, 1975. 2. after the resolution was cancelled by the commissioner, the district magistrate exercising power conferred by section 54-a of the act passed an order on the same date i ..... for any other formality to be undergone or performed before a person elected as vice-president assumes the office. sub-section (2) of section 54 of the act gives to the vice president a fixed term of one year. this term starts running immediately with effect from the .....

Tag this Judgment!

Oct 08 1976 (HC)

State of U.P. Vs. Babu Lal

Court : Allahabad

Decided on : Oct-08-1976

Reported in : AIR1977All339

..... into, or is used in the composition or preparation of human food, and (b) any flavouring matter or condiments:' 15. then we come to the definition of 'sale' given in section 2(xiii) of the act which is as under: '2 (xiii) 'sale' with its grammatical variations and cognate expressions, meansthe sale of any article of food, whether for cash or on credit or by ..... is an article of food any more than evidence would be required to prove that rice or milk is an article of food. modi says in his text book of medical jurisprudence (thirteenth edition, at page 705) that kesari dal is a variety of pulse used as an article of diet by the common people in sind, bihar, uttar pradesh and ..... toxic principles which render the sample injurious for health. 3. a complaint was filed by the food inspector, sultanpur under section 7(v) and section 16(1)(a) of the act which was forwarded to the sub-divisional magistrate, sultanpur for necessary action by the medical officer of health, sultanpur. the respondent was accordingly prosecuted for having committed an offence punishable under ..... vii) along with the specimen impression of the seal was also sent to the public analyst. the third phial of the sample was deposited in the office of the district medical officer of health, sultanpur, for being kept in safe custody. the public analyst reported that the sample contained 100% dal kesari lathyrus sativus. he further opined that lathyrus sativus contains .....

Tag this Judgment!

Mar 26 1976 (HC)

Swadeshi Cotton Mills Co. Ltd. Vs. the Municipal Board, Azamgarh and a ...

Court : Allahabad

Decided on : Mar-26-1976

Reported in : AIR1976All484

..... of the grounds, on which they are challenged, are-1. that the procedure prescribed for the imposition of taxes by municipal boards under sections 131 to 135 of the u. p. municipalities act, 1916, was not followed by the municipal board. 2. that the goods, on which octroi is being demanded by the municipal board, are not consumed within the limits of the municipal ..... made without previous publication, must be held to be invalid. 14. the rules were published in the u. p. gazette dated july 15, 1950. sub-section (2) of section 134 of the u. p. municipalities act requires that when the rules have been made, the order of sanction and a copy of the rules shall be sent to the board and thereupon the ..... publication. reliance was placed upon certain decisions of the supreme court, interpreting the scope of similar provisions of sub-section (3) of section 135 of the u. p. municipalities act. this provision reads: '135 (3). a notification of the imposition of a tax under sub-section (2) shall be conclusive proof that the tax has been imposed in accordance with the provisions of this ..... by the municipal board under sub-section (2) of section 131. after these draft rules have been published, objections invited thereto and considered, they are to be sent to the prescribed authority. sub-section (1) of section 134 then requires the prescribed authority to proceed to make the rules under section 296 of the act. section 296 confers rule making powers. section 300 prescribes the procedure for making .....

Tag this Judgment!

Oct 15 1976 (HC)

Bans NaraIn Yadav Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Oct-15-1976

Reported in : AIR1977All6

..... empowers the government to makerules prescribing the staff and establishment that each jail shall have for its control and management in addition to the officers commanded by the act under section 6 and the mode and the manner in which such officers and establishment shall be recruited. in the clause providing that the government shall make rules for the government ..... . the power of the state government to make rules under that clause is ancillary to section 6 of the prisons act which says:--'officers of prisons. for every prison there shall be a superintendent, medical officer (who may also be the superintendent), a medical subordinate, a jailor and such, other officers as the (state government) thinks necessary: provided that (state government of bombay) ..... the state government the petitioner filed this writ petition in which he claimed that the aforesaid orders were unjust, illegal and without jurisdiction and prayed that the same be quashed.2. at the hearing before us, the only point urged in support of the petition by the learned counsel for the petitioner was that the order of the inspector general of ..... charges. upon enquiry, which followed, only two of the charges were found proved against him, on consideration of the matter, the adhikshak, sampurnand shivir (superintendent of jail) opposite party no. 2, by his order dated 29-4-1970, reinstated the petitioner with minor punishment of withholding his annual increment for two years. in the opinion held by him, that the sentence .....

Tag this Judgment!

Nov 05 1976 (HC)

Jagat Nath Wahal and ors. Vs. the U.P. State Road Transport Corporatio ...

Court : Allahabad

Decided on : Nov-05-1976

Reported in : AIR1977All83

..... fifteen days of the commencement of the act a notification as to the aforesaid road transport services 'providing as far as may be for all or any of the matters specified in sub-section (2) of section 4, and the scheme duly confirmed and published under sub-section (3) of section 5.' the route to which it ..... with which we are concerned. the facts and the circumstances of the present case are altogether different. in the instant case, the respondent no. 1 was definitely a person aggrieved. the decision of the supreme court given in j. m. desai v. roshan kumar, (air 1976 sc 578) relied upon by the ..... p. government roadways were running their vehicles in 1955 without permits, therefore the action of the state government could not be saved by section 19(2) (a) of u. p. act ix of 1955. this question was referred to a full bench. the full bench bv its judgment dated 22-4-1975 found that the ..... appeal one of the arguments which had been earlier raised on behalf of the appellants was that the words 'was operating' occurring in section 19 (2) (a) of u. p. act ix of 1955 did mot take within its ambit those operators who were plying or running their vehicles without obtaining permits' from 'the ..... relates shall be called a notified route and the provisions of sections 6 and 7 shall be applicable thereto. in the instant .....

Tag this Judgment!

Aug 06 1976 (HC)

Thakur Prasad Vs. Smt. Kishora

Court : Allahabad

Decided on : Aug-06-1976

Reported in : AIR1977All98

..... a bhumidhar or sirdar shall be made by the court in accordance with the principles that may be prescribed.'9. by the same act, schedule ii of the act was also amended to provide that the suits under section 176 for the division of a holding of a bhumidhar orsirdar shall lie in the court of an assistant collector first class. jurisdiction ..... the words .'collector' or the 'the revenue court'. it may not be out of place to mention that -the expression 'revenue court' has been defined in the land revenue act, 1901, which definition reads as follows:' 'revenue court' means all or any of the following authorities (that is to say) the board and all members thereof, commissioners', additional commissioners, collectors, ..... additional collectors, assistant collectors, settlement officers, assistantsettlement officers, record officers, assistant record officers and tehsildars.'12. presumably, the legislature while passing the 1958 act felt that some suit under section 176 of the act ..... code of civil procedure and order xx, rule 18, civil p. c, those provisions of the code of civil procedure were made applicable to a suit under section 176 of the act by section 198-a thereof. consequently, what the civil court had to do was to pass a decree declaring the rights and shares of the parties, and then send .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //