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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: allahabad Year: 1980 Page 1 of about 11 results (0.057 seconds)

Aug 11 1980 (HC)

Dr. Pramod Kumar Vs. University of Allahabad and ors.

Court : Allahabad

Decided on : Aug-11-1980

Reported in : AIR1981All8

..... of the application of the petitioner on the ground stated above was justified. pursuant to the power conferred by the medical council act, the medical council of india has framed regulations under section 33 of the said act for admission to the post-graduate medical education. for the point urged, it is not necessary to deal in detail with the provisions of all these regulations ..... not obtain prior permission from the state government, his application for admission to the m. d. course could not be considered. 2. however, the application came for final selection and admission to the post graduate course before the research degree committee. this committee consisted of the vice chancellor, the principal of the college, and the head of the department concerned. the ..... meeting of the college council was held on 2-1-1980, and, thereafter the meeting of the research degree committee was held on 4-2-1980. the decision of the research degree committee admitting respondents nos. 6 and 7 was communicated by office memo no. 1519 dated 8 ..... -2-1980. from paragraph 4 of the counter-affidavit, of dr. y. p. naithani, it appears that the application of the petitioner for admission to .....

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Jul 07 1980 (HC)

Addl. Commissioner of Income-tax Vs. Etawah District Exhibition and Ca ...

Court : Allahabad

Decided on : Jul-07-1980

Reported in : [1981]131ITR461(All)

..... or religious purposes which enure for the benefit of the public. section 2(15) of the act defines charitable purpose as under :''charitable purpose ' includes relief of the poor, education, medical relief and the advancement of any other object of general public utility not involving the carrying on of any activity for profit.'14. this definition is inclusive and not exhaustive or exclusive. under this ..... , on the facts and in the circumstances of the case, holding of agricultural and industrial exhibitions and cattle fair involved an activity for profit within the meaning of section 2(15) of the act ' 2. this reference had come up before us for hearing on an earlier occasion and answer was given to the question, referred at the instance of the department. the ..... fact no particular object of the association could be treated as a dominant object. it also held that the, objects of the association fell under the residuary clause of section 2(15) of the act, which position was also conceded before it on behalf of the assessee. the appellate tribunal also held that though in the relevant previous year the assessee was not ..... in holding that the holding of an agricultural and industrial exhibition and cattle fair involves an activity for profit within the meaning of section 2(15) of the act and further that the assessee is not entitled to exemption under section 11(l)(a). both the questions are answered in the affirmative, in favour of the department and against the assessee. 21. the .....

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Jul 07 1980 (HC)

Commissioner of Income-tax Vs. Gauri Shankar Agrawal

Court : Allahabad

Decided on : Jul-07-1980

Reported in : [1981]131ITR27(All)

..... circumstances of the case, the amount of rs. 67,337 received by the assessee as agricultural income is exempt in his hands under section 2(1) of the income-tax act, 1961 ?'2. the reference relates to the assessment year 1971-72, the relevant year being the financial year 1970-71. in this year, the ..... on page 328 of the report. their lordships have this to say :'the word 'derived' is not a term of article its use in the definition indeed demands an enquiry into the genealogy of the product. but the enquiry should stop as soon as the effective source is discovered. in the ..... be tantamount to the performance of agricultural operations on the land so as to constitute the income derived by the assessee therefrom agricultural income within the definition of that term ? we are of opinion that the mere performance of these subsequent operations on the products of the land, where such products have ..... say on this aspect of the matter at pages 505 and 507 (to 509):'in order that an income derived by the assessee should fall within the definition of agricultural income two conditions are necessary to be satisfied and they are : (i) that the land from which it is derived should be used ..... genealogical tree of the interest land indeed appears in the second degree, but the immediate and effective source is rent, which has suffered the accident of non-payment. and rent is not land within the meaning of the definition. there is no commercial connection between the interest and the rented land, .....

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Jul 03 1980 (HC)

Ganesh Prasad Vs. Badri Prasad Bholanath and ors.

Court : Allahabad

Decided on : Jul-03-1980

Reported in : AIR1980All361

..... it does not bear either any copying stamp folio or seal of the municipal board. that also did not come under the definition of certified copies as required by section 65 of the evidence act. i compared these papers with the certified copy on record and i find that these papers were incorrect and wholly inadmissible in ..... by this document it appears that the disputed property was given to dwarika prasad father of defendant no. 3 for a fixed period of 4 years 2 months. clause 2 of the aforesaid lease deed provided that the lessee had no right to create sublease. this lease deed is dated 21-7-1950. the lease was ..... is not a party. no decree is being sought against him. the defendants cannot claim any sub-tenancy from him as it is prohibited by clause (2) of the deed of dwarika prasad on which they rely. the tenancy of dwarika prasad having come to an end, the possession having been with the ..... with the allegations that he was a partner of the firm m/s. badri prasad bholanath defendant no. 1. the others were arrayed as defendants nos. 2 to 7. the business was being carried on in premises no. 3 baluwa ghat, allahabad. the plaintiff had given the disputed premises on licence to the ..... registered notice dated 18-4-1970. the defendants, however, were occupying the disputed property illegally and were liable to be ejected.2. one written statement was filed by the defendants nos. 1, 2 and 3. it was mentioned in para 12 of the written statement that dwarika prasad father of defendant no. 3 was .....

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Dec 17 1980 (HC)

Krishna Kumar Roy Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Dec-17-1980

Reported in : AIR1981All287

..... accordance with the orders of the state government issued under section 28 (5) of the u. p. state universities act, 1973. this test is conducted by one of the state universities, and admissions to all the state medical colleges and the king george medical college, lucknow, are made out of the candidates obtaining ..... sc 491 (para 12) in which their lordships held that the view of the academic body as to what should be treated as 'high second class' degree should not be interfered with by the court. likewise in principal, patna college, patna v. k. s. raman (air 1966 sc 707) it ..... person could take them the courtcould and ought to interfere. as pointed outby lord denning in baldwin and francisltd. v. patents appeal tribunal, ((1959) 2 aller 433) even on technical matters a courtcan hear arguments of counsel and consulttext books, technical dictionaries, etc. or evenbe informed through assessors, and ..... treating his answers as incorrect. the marking admittedly has been done according to the key published by the authority conducting examination, namely, annexure 2. what has been suggested is that the key itself was wrong so far as the alternatives indicated by the examiners in that key in ..... versions in the questions. each paper is a multiple-choice objective style paper. in other words, against each question four alternative answeres, marked 1, 2, 3 and 4 respectively are indicated, and the candidateis expected to note the serial number of the correct alternative in the answer sheet. what .....

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Oct 24 1980 (HC)

Prakash NaraIn Vs. Commissioner of Income-tax and Wealth-tax

Court : Allahabad

Decided on : Oct-24-1980

Reported in : (1981)20CTR(All)147; [1982]134ITR364(All); [1981]6TAXMAN159(All)

..... the real owner, always rests on the person asserting it to be so. this burden has to be strictly discharged by adducing legal evidence of a definite character which would either directly prove the fact of benami or establish circumstances unerringly and reasonably raising an inference of that fact. the essence of benami is ..... case must always be adjudged on the evidence led by the parties. this will be so if the court finds that there is no difficulty in arriving at a definite conclusion.'16. in jaydayal poddar v. bibi hazra : [1974]2scr90 , it was laid down as under (p. 172):'it is well settled that the ..... his father-in-law, his mother-in-law and wife.10. an application under section 256(1) of the act for a reference to this court was rejected by the tribunal. thereafter, the assessee moved this court under section 256(2) of the act and the following question of law was directed to be referred along with the ..... case also, the approach emphasised in the said earlier case was reiterated.43. in upendra nath nag chowdhury v. bhupendra nath nag chowdhury [1917] 21 cwn 280; [1916] 32 ic 267, 272, it was laid down:'when, therefore, we apply the two principal tests of benami, namely, source of the purchase money (dhurm das v ..... cal 228, bhuban mohini dasi v. kumud bala dasi : air1924cal467 and upendra nath nag chowdhury v. bhupendra nath nag chowdhury 1917 21 cwn 280; [1916] 32 ic 267. placing reliance on a number of privy council decisions, in the first case it was laid down thus (p. 230 .....

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Oct 04 1980 (HC)

Ram Lakhan Ved Prakash Vs. Commissioner, Sales Tax

Court : Allahabad

Decided on : Oct-04-1980

Reported in : [1982]51STC347(All)

..... plea of the assessee was that the amount of freight did not fall within the definition of 'sale price' as given in section 2(o) of the madhya pradesh general sales tax act, 1958 and section 2(h) of the central sales tax act, 1956 and therefore, did not include the same in the return. the view ..... case of conscious diregard of the statutory obligations on the part of the assessee in this behalf and as such penalty under section 15 a(l)(g) was attracted.10. in khandelwal medical stores (sales tax revision no. 1010 of 1978 decided on 19th september, 1979-allahabad high court) of course it has ..... clause (g) there is no such word mentioned and the contention of the learned standing counsel in this behalf cannot be brushed aside easily. in khandelwal medical stores (sales tax revision no. 1010 of 1979 decided on 19th september, 1979-allahabad high court) of course a similar contention advanced on behalf of ..... it was contended by the learned standing counsel that the default mentioned in clause (g) of section 15-a(1) of the act is not preceded by any such word as deliberate, reasonable cause or false and therefore, the department is not required to give any ..... v. assistant commissioner of sales tax, indore [1980] 45 stc 197 (sc) and an unreported decision of a learned judge of this court in khandelwal medical stores v. commissioner of sales tax (sales tax revision no. 1010 of 1978, decided on 19th september, 1979-allahabad high court). on the other hand .....

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Jan 14 1980 (HC)

State of U.P. Vs. Vishwanath Kapoor and ors.

Court : Allahabad

Decided on : Jan-14-1980

Reported in : 1980CriLJ494

..... amend any portion of section 2 of the act, perhaps the reason being that in view of the enlargement of the definition of 'public servant' in section 21 of the penal code express amendment of section 2 of the act was not necessary.9. by virtue of the amendment in corruption laws amendment act, 1964 (act no. 40 of 1964) clause 12th of section 21, was substituted ..... industrial finance corporation is established by section 3 of the industrial finance corporation act, 1948,14. we may now give illustrations of corporations established under the act. road transport corporation is established under the road transport corporation act. similarly, state electricity board has been established under the electricity act. it was pointed out in vaish degree college v. lakshmi narain air 1976 ..... objects must either be expressly conferred or derived from reasonable implication from its provisions.15. noticing the distinction between a company incorporated under the companies act and a statutory body it was observed by the supreme court in vaish degree college case (supra) that a company makes rules and regulations in accordance with the provisions of the companies ..... act, the statutory body on the other hand makes rules and regulations by and under the powers conferred by a statute creating such bodies. regulations in .....

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Jan 23 1980 (HC)

Commissioner of Income-tax Vs. J.K. Cotton Spinning and Weaving Mills ...

Court : Allahabad

Decided on : Jan-23-1980

Reported in : (1980)16CTR(All)131; [1980]123ITR911(All); [1980]4TAXMAN1(All)

..... payment of penalty for an infraction of the law and as such it was held as falling outside the scope of permissible deductions under section 10(2)(xv) of the 1922 act. we feel that some distinction is to be drawn in a claim made for deduction of a payment by way of penalty or ..... 1967, received from the textile commissioner, ministry of commerce, govt. of india, bombay. it was said that in view of that letter it was a definite and contractual liability of the assessee to pay the disputed amount to the textile commissioner by way of penalty for non-fulfilment of export obligation. the ito treated ..... in our opinion, therefore, the disputed payments amounted to commercial loss and the appellate tribunal was right in allowing deduction of the same under section 28(1) of the act.32. a half-hearted attempt was made by sri gulati, in contending before us, that it was only a contingent liability because the assessee ..... claimed those amounts in the relevant assessment years as deductible expenses. their claim was accepted by the appellate tribunal as a legitimate deduction under section 28 of the act. on a reference the view taken by the gujarat high court was that by failing to produce the whole or part of the minimum ..... facts of each case, having regard to the nature of the operations carried on and the nature of the risk involved in carrying them out. the degree of the risk or its frequency is not of much relevance but its nexus to the nature of the business is material. '15. in our opinion .....

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Jan 04 1980 (HC)

Daya Shankar Vs. Smt. Bachi and ors.

Court : Allahabad

Decided on : Jan-04-1980

Reported in : AIR1982All376

..... admitted these letters which were exhibited as evidence in the case, they could be relied upon as substantive evidence and the technical requirement of section 145 of the evidence act stood substantially waived in view of the endorsement of admission made by the respondent's counsel.12. we think that really speaking their may ..... that document are also admitted in evidence though those contents may not be conclusive evidence.'14. therefore, we are of the opinion that the application dated 2-12-1964 (exhibit a-1) was an important piece of evidence which was admissible and it was rightly relied upon by the court below for throwing out ..... by the second gift deed dated 7-12-1964 in favour of respondents nos. 1 to 10 and within a few months thereafter mahadeo died on 2-6-1965. the complaint exhibit a-l was relied upon by the trial judge as another important piece of substantial evidence to corroborate the defence case ..... was his widow, dullar, defendant no. 2 was his daughter, defendant nos. 3 to 6 were the sons of his another daughter, defendants nos. 7 to 10 were the sons of mahadeo's yet ..... owner of the houses in suit andentitled to recover rent of house no. 1 from defendants nos. 9 and 10 and for possession over house no. 3.2. the suit was filed on the allegations that the plaintiff's uncle mahadeo was the exclusive owner of the aforesaid houses, smt. bachohi, defendant no. 1 .....

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