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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: allahabad Year: 1983 Page 1 of about 9 results (0.052 seconds)

Oct 21 1983 (HC)

Northern India Hotels Ltd. Vs. Commissioner of Sales Tax

Court : Allahabad

Decided on : Oct-21-1983

Reported in : [1984]55STC68(All)

..... the meaning of section 3 of the u. p. sales tax act.95. on this basis, it is argued that as the definition of the word 'sale' in section 2 of the u. p. sales tax act, 1948, having not been altered by the amendment act, the original definition stands and under the original definition sales tax cannot ..... by notification prescribe.90. section 2(h) of the u. p. sales tax act, 1948, defines 'sale' and section 2(i) of the u. p. sales tax act, 1948, defines 'turnover'.91. the argument of the learned counsel for the assessees is that the definitions given in the u. p. sales tax act, 1948, have not been ..... altered by parliament under the amendment act.92. it is further urged that the definitions ..... to prevent the mischief and to advance remedy according to the true intention of the makers of the statute. in construing, therefore, section 2(c) of the act and in determining its true scope it is permissible to have regard to all such factors as can legitimately be taken into account in ..... of controversy, as it happened to be in this case, and without the speeches bearing upon the motion, it cannot be ascertained with any reasonable degree of certainty. and where the legislature happens to be bicameral, the second chamber may or may not have known of such reason when it dealt .....

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Aug 09 1983 (HC)

Hindustan Chamber of Commerce Vs. Income-tax Officer.

Court : Allahabad

Decided on : Aug-09-1983

Reported in : [1986]17ITD756(NULL)

..... of charity, education, medical relief and other matters of public good and the question arose whether those objects fell under section 2(15) and its income from chitties and money-lending business was exempt under section 11. it was held that since it was open to the assessee to apply its income from business to any of the objects and no definite part of the ..... the assessee exercise the option in writing before the expiry of the time allowed under sub-section (1) or sub-section (2) of section 139 of the act whether fixed originally or on extension, for furnishing the return of income. this is the combined result which flows from section 11(2) (a), read with rule 17 of the income-tax rules, 1962. the ito held that no ..... memorandum is a condition on which a licence is granted by the local government of the united provinces of agra and oudh to the chamber in pursuance of section 26 of the indian companies act, 1913. the assessee is right in pointing out that private profit motive is climinated from the various clauses of the memorandum of association nor there is any ..... 1973-74 could not operate as res judicata against the assessee. it was claimed that the assessee was an institution established for charitable purposes as defined under section 2(15) of the income-tax act, 1962 (the act). it was claimed that the case of the assessee was particularly covered under the expression advancement of any other object of general public utility not involving .....

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Mar 07 1983 (HC)

State of U.P. Vs. Radhey Shyam Tripathi and anr.

Court : Allahabad

Decided on : Mar-07-1983

Reported in : 1983CriLJ1153

..... , and the only limitation placed on those powers was the amount of punishment which they could improve.14. the contempt of courts act 1926, was repealed by act 32 of 1952. section 3 of that act was similar to section 2 of the 1926 act. it also assumed the existence of a right to punish for contempt in every high court and further assumed the existence of ..... offence punishable under the penal code. as explained in sukhdev singh's case' 1954 cri lj 460 (sc) (supra) 'section 3 of the act is similar to section 2 of the 1926 act and far from conferring a new jurisdiction, assumes, as did the old act, the existence of a right to of a special practice and procedure, for it says that every high court shall ..... . it is established beyond doubt by the report of the learned district judge that the inmates of that circle were not normal persons. they may have been afflicted with varying degree of insanity but one thing is certain that they were persons of unsound and abnormal minds. to keep a normal person in the midst of unsound minds and abnormal behaviour ..... present on the scene, truth may not have come out. in this connection we may refer to the decision of the supreme court in hari nath mishra v. principal, rajendra medical college ranchi 0044/1973 : (1973)iillj111sc . in that case certain complaints were made by the inmates of the girls hostel against the male students about their indecent behaviour with them .....

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Nov 11 1983 (HC)

Divisional Manager L.i.C. Vs. Raj Kumari Mittal and ors.

Court : Allahabad

Decided on : Nov-11-1983

Reported in : 1(1984)ACC301

..... . under the general law, the division manager was the owner of the vehicle. for the purposes of motor vehicles act, however, sri b.s. ahuja was the owner. the definition of 'owner' in section 2(19) of the act was given with reference to two cases only: (i) where the person in possession of a vehicle is a ..... the tribunal erred in applying the principle of vicarious liability.34. we find that the attention of the tribunal was not drawn to the definition in section 2(19) of the motor vehicles act. we hold that the divisional manager was not the owner of the vehicle for the purposes of the motor vehicles ..... heads is not permissible. we may refer to the case of lachchman singh v. surmit kaur (supra).26. the tribunal awarded a sum of rs. 2000/- for medical treatment. this amount has been rightly awarded.27. we, therefore, hold that the total amount of compensation payable to the claimants comes to rs. 1,53,200 ..... for loss of fatherly love, affection and care caused toapplicants no. 2 and 3, the minor sons of the 2,000/-for medical expenses incurred, in the treatment of the rs. 2,10,500/- 8. the tribunal decreed the claim for rs. 2,10,500 and directed that opposite party no. 1 will pay a ..... sum of rs. 1,40,500/- that opposite party no. 2 will pay a sum of .....

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Jul 27 1983 (HC)

Hind Lamps Limited Vs. Commissioner of Sales Tax

Court : Allahabad

Decided on : Jul-27-1983

Reported in : [1984]57STC303(All)

..... be used for manufacture of the bulbs. it is also pointed out that the word 'manufacture' has, now under the u. p. sales tax act, a very wide definition and on that basis it is argued that the caps sold by the assessee are subject to a manufacturing process before they are used in the manufacture ..... of driving motor vehicles. apparently, in their unchanged or original condition they could not be used for that purpose. it is also not shown what is the degree of conversion which was necessary in order to make the diesel engines sold by the petitioner capable of use for driving motor vehicles. there is a complete absence ..... can be treated as a component part of gramophone under notification no. st-1738/x-1012-1963 dated 1st june, 1963, issued under section 3-a of the u. p. sales tax act, 1948. the entry ran as 'gramophones and component parts thereof and records'. it was held that the gramophone needles were not integral component ..... cent of the sale or purchase price thereof, and such tax shall not be levied at more than one stage.7. clause (a) of section 15 of the central sales tax act reads as under :(a) the tax payable under that law in respect of any sale or purchase of such goods inside the state shall not ..... etc. there are only two disputes in the case.(1) whether the sale of coal-dust by the assessee is liable to be assessed to sales tax ?(2) whether the tribunal was justified in assessing the tax on the sales of aluminium and brass caps made from the bulbs at the rate of 12 per cent .....

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Feb 09 1983 (HC)

Brij Raj Singh and anr. Vs. the State

Court : Allahabad

Decided on : Feb-09-1983

Reported in : 1983CriLJ1916

..... yadav p. w. 12. testified that the declarant was quite fit to speak and actually spoke before them when the declaration was recorded. after this definite statement made by the doctor which was believed by learned trial judge we do not find any good reason to discard the declaration ext. ka 7 simply ..... if the dying declaration is not recorded in the form of questions and answers by the magistrate it should be discarded straightway. section 32. sub-clause (1) of the evidence act does not lay down any procedure for recording the dying declaration.35. in khushal rao v. state of bombay reported in : ..... made this declaration at the earliest opportunity even before the birth of this case and it finds a material corroboration from a prompt f.i.r. medical evidence and circumstances of the case. the appellants had a motive to launch the fatal assault; they also absconded after the occurrence. the declaration which ..... lies towards north of g. t. road running in between sikandrarao, districts-aligarh and etah. bus-stand of bhadwas lies at a distance of 2.1/2 furlongs from village bhadwas which is at a distance of about 11 miles from etah city towards west. there is a hotel across the road towards ..... road and reached near the place where his brother was standing. when the appellants approached the victim, informant ram swarup was at a distance of about 2 or 4 steps only from his brother. appellant retorted srichand with the utterance 'lala-ram ram' phool singh exhorted brii rai singh to shoot forthwith. .....

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Jan 28 1983 (HC)

Peoples' Union of Civil Liberties and Anr. Vs. State of U.P. and Anr.

Court : Allahabad

Decided on : Jan-28-1983

Reported in : 1983CriLJ1166

..... considered even after serving 6 or 7 years in jail and there is no bar to considering their easts for release.2. section 8, u.p. prisoners releason probation act. runs as follows:section 8. the state government may remit the whole or a part of the sentence of a person sentenced to imprisonment for ..... the state government itself after a reasonable interval, say near about 6 months or so but we make it clear that we do not fix any definite period for such reconsideration.28. the writ petition of gajje and gopal succeeds. while we could have outright directed their release, as a matter of ..... to be of good behaviour and to observe such conditions as the state government may impose.(4) if any prisoner released under sub-section (1) of section 8 of the act fails to observe the conditions of the bond, the district magistrate or the sub-divisional magistrate, if authorised by the district magistrate ..... may be released by the state government on a licence.'rule 15. remission of sentence ' (1) an application for remission of sentence under section 8 of the act shall be made by the prisoner or by the person offering himself as his surety to the district magistrate of the district in which he ..... . on a perusal of the same we find that he was released on a totally different consideration, that' is. compassionate and humanitarian. there was medical certificate showing that his wife was suffering from dry pleurisy. it is argued that what to say of dry pleurisy even pulmonery tuberculosis if in earlier .....

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Aug 11 1983 (TRI)

Wealth-tax Officer Vs. Buniyad Hussain

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Aug-11-1983

Reported in : (1983)6ITD407(All.)

..... for the assessee, relied upon the order of the learned aac. he pointed out that the assessee became a mutawalli in 1958. referring to the definition of wakf under section 3 of the u.p. muslim wakfs act, 1960, he pointed out that it included wakf by user. he also submitted that in cases of oral wakf a mere declaration was enough. in ..... .p. and the evidence recorded by the officials of the board in order to verify the assessee's claim. the assessee also produced extracts from a bombay journal published in 1916 wherein the reference regarding the wakf was available. the aac felt that the assessee's claim was not without any basis. but, considering that the evidences produced on behalf of ..... this appeal is whether the land in question is wakf land so that it cannot be included in the net wealth of the assessee for the wealth-tax assessment purposes.2. in quasha zaidpur pargana satrikh tehsil nawabganj, district barabanki (u.p.), there is 601 bighas of agricultural land/grove land.the portion of 121 bighas containing the residential house admittedly ..... the assessee had failed to produce any documentary evidence with regard to the creation of the wakf prior to the assessment year 1970-71 ; (ii) that a registered deed of wakf was necessary under the transfer of property act, 1882 ; (iii) that the shia central board of wakfs, u.p., had recognised the wakf only with effect from 20-6-1970 when .....

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Dec 05 1983 (HC)

Oriental Fire and General Insurance Co. Vs. Shiv Shanker Singh Rathore

Court : Allahabad

Decided on : Dec-05-1983

Reported in : 1(1984)ACC282

..... quantum of damages awarded by the tribunal.12. sri s.m. dayal, learned counsel for the respondent supported the award on the question of compensation.13. as far as the medical expenses are concerned there is oral evidence of p.w. 1 shiva shanker singh, p.w. 7 ram milan singh x-ray technician, p.w. 8 ram kumar of vijai ..... of being assessed by arithmetical calculation. pecuniary damages generally include four sub-heads, (i) expenses incurred by the claimant in respect of injury which may include medical expenses, special diet., cost of nursing or attendant; (ii) loss of earning or profit upto the date of trial; (iii) loss of earning capacity which may include incapability in the labour market, loss of earning ..... number 1, oriental fire & general insurance co. ltd. could be liable only to the extent of rs. 2,000/- out of rs. 3,544/- awarded as compensation for damages caused to the motor cycle. we may refer to section 95(2)d of the motor vehicles act.27. no other point was pressed before us.28. the appeal is partly allowed and the award ..... .17p. the following chart will show the amount claimed by the claimant and the amount awarded by claimant and the amount awarded by the tribunal:underheadamountclaimedamountawarded1. medical expenses2055.711535.67210.50(hospitalcharges)60.00(x'raycharges)2. compensation for damage caused to the motor-cycle5200.003544.003. loss of salary for 6 months as the claimant was allowed sick leave on halfpay4236 .....

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