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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: allahabad Year: 1986 Page 1 of about 10 results (0.045 seconds)

Aug 07 1986 (HC)

Lakhmir Singh Vs. Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Aug-07-1986

Reported in : 1987CriLJ421

..... by the authorities, the order of detention could not be held to be invalid for non-consideration of the retraction. the court reterred to section 5-a of the act and observed (in para 74) that: -.the same argument was presented in a little different shade namely the fact of retraction should have ..... confessional statement out of his free-will and volition and was coerced in making so, after being severely beaten and dealt with by third degree methods. he also sent a letter on sept. 24,1985 retracting from the alleged confession. he had sustained injuries on his body which had been ..... noted by the medical officer, central jail, naini. these facts were not brought to the notice of the detaining authorities. officers of the custorns department had sent a ..... on the same day. the representation reached the state government on jan. 28, 1983, further the office submitted a detailed note on the representation on july 2, 1983 taking four days in doing so. the authorities then took 12 more days to dispose of the representation. the bench felt that there was no ..... before the advisory board to make submissions in his defence was a request contained in the representation. the request was reiterated in a letter of nov. 2, 1985 giving out the address of baljit singh. yet, baljit singh was not permitted to represent the petitioner even though the officers of the customs department .....

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Aug 29 1986 (HC)

Bharat Syringe Works Vs. Commissioner of Sales Tax

Court : Allahabad

Decided on : Aug-29-1986

Reported in : [1985]65STC353(All)

..... question regarding sufficiency or adequacy of material or appraisal of evidence cannot be gone into by the high court in a revision filed under section 11 of the u. p. sales tax act. the three revisions, therefore, filed on behalf of the department fail and are dismissed.12. in the result, all the aforesaid ..... orders, given detailed facts with regard to the huge suppression of turnover found as a result of survey and other enquiries made from the directorate of medical and health services, u. p., lucknow. accordingly for all these years there was enhancement in the quantum of taxable turnover.4. learned counsel appearing on ..... of quantum of taxable turnover. in my opinion, in view of the findings recorded by the tribunal and the provisions of section 12-a of the u. p. sales tax act the burden of proof lay squarely on the dealer himself and not on the department. i find that the dealer has failed ..... counsel appearing on behalf of the commissioner of sales tax.6. the relevant portion regarding burden of proof has been stated thus is section 12-a of the u. p. sales tax act :12-a. burden of proof.-in any assessment proceedings, when any fact is specially within the knowledge of the assessee, the ..... arise out of a consolidated order passed by the sales tax tribunal the same are being also heard and disposed of by me by one common judgment.2. admittedly m/s. bharat syringe works, lalbagh, lucknow, is not a manufacturer. the assessee deals in medicine, glasswares and iron and steel furniture and .....

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Mar 25 1986 (HC)

Purshottam Dass Tandon and ors. Vs. State of U.P. Lucknow and ors.

Court : Allahabad

Decided on : Mar-25-1986

Reported in : AIR1987All56

..... government. collector was required to get the bungalows surveyed with help of development board. leases were to be renewed for 1500 sq. metres land in view of sections 2 and 4 and section 4(2) of urban ceiling act. and while doing so all the residents in one house were to be treated as one unit. the rate of premium was fixed at re. 1 ..... foundation of welfare state which ensures protection of individual against arbitrary exercise of power by the public authority. 'do not discriminate without reason', should not only be the endeavour but definite and positive approach. 16. in e. p. royappa v. state of tamil nadu : (1974)illj172sc , the supreme court laid bare new dimensions of article 14 by expanding its scope and ..... put at par by directing the authorities to grant him similar treatment as to others even though he approached after expiry of date. the hon'ble court repelled claim of medical authorities, that the letter sent to petitioner on corresponding address having returned he could not base his claim on late delivery of telegram on village address, on principle of fairplay ..... his widow who had stayed in this country and the government. learned counsel urged that it was a composite property within the meaning of section 2(c) and (d) of the act and the displaced persons (compensation and rehabilitation) act, 1954 and since section 3 had overriding effect on all inconsistent law including law relating to evacuee property it was the provision of displaced persons .....

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Sep 09 1986 (HC)

Chhotey Lal Gupta (Deceased by L.Rs.) Vs. Union of India (Uoi)

Court : Allahabad

Decided on : Sep-09-1986

Reported in : AIR1987All329

..... has drawn on surmises. according to him, the word' quarry' has been defined in section 2(kk) of the said act. he contends that if the said definition of the word 'quarry' is taken into consideration, the distinction drawn between the word ''mine' as defined under section 2(j) of the act and the word 'quarry' becomes clear inasmuch as according to the learned counsel in the ..... the cost incurred thereof recovered from the dues of the contractor. 21. the contractor shall provide necessary amenities to the labour in respect of supply of drinking water, sanitation and medical facilities and shall equip and maintain the canteens, restshelters, creches etc. they shall employ qualified men for blasting and shall use explosives of the type and in a manner approved ..... ' in plural itself shows that it does not include employment of a qualified blaster as required under the mines act condition no. 21 stated that the contractor shall provide necessary amenities to the labour in respect to supply of drinking water, sanitation and medical facilities, whereas in the letter dated 26th sept. 1966 an adjective of the word 'basic' has been used ..... 7th oct., 1966 the divisional superintendent, lucknow, had sought to impose new conditions, it has to be seen as to what is the legal effect of the same. section 7 of the contract act 1872 provides that in order to convert a proposal into a promise, the acceptance must be absolute and unqualified. if this is not done and certain new conditions .....

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Jan 22 1986 (HC)

Dr. (Smt.) Bharti Raj Vs. Sumesh Sachdeo and ors.

Court : Allahabad

Decided on : Jan-22-1986

Reported in : AIR1986All259

..... petitioner to lay the requisite foundation for such a claim. the petitioner might be having doubts; this may even be bona fide on the subjective plane but the speculative possibility definitely has not attained the level of prima facie proof. there was opportunity accorded to the petitioner in this behalf right from the inception of this lis but unfortunately it has ..... such specific statutory provision exists in our country, however, in an appropriate case presumption is available under section 114 of the evidence act.27. the authorities are uniform in observing that blood test is efficacious on the negative side in excluding a particular parentage. modi: medical jurisprudence (1977) p. 93 observes that by using blood group systems - abo, mns or rh there is ..... found throughout the animal and vegetable kingdoms. but mutations are so rare that their possibility can be neglected, because we are not looking for absolute certainty but only a sufficient degree of probability. so if it is found that a child's blood has some constituent or characteristic that is absent from the blood of both husband and wife the husband ..... would proceed to investigate the facts to determine whether there is substance in the petition for a writ of habeas corpus. (see halsbury's laws of england, fourth edition vol. ii paragraph 1482). if on investigation of facts the court rejects the contention of the respondent and is satisfied that the respondent was responsible for unauthorised and illegal detention of the .....

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Aug 13 1986 (HC)

Ram Autar Shastri Vs. Khurshid Alam Khan and anr.

Court : Allahabad

Decided on : Aug-13-1986

Reported in : AIR1987All279

..... the consent to the commission of the corrupt practice on the part of the candidate or his election agent he must face this additional burden. the definition of agent in this context is to be taken from section 123 (explanation) where it is provided that an agent 'includes an election agent, a polling agent and any person who is held to have ..... is charged against the returned candidate (which is quasicriminal in character) the election petitioner must set forth full particulars of the corrupt practice so as to give the charge a definite character and to enable the court to understand what the charge is manubhai nandalal v. popatlal manilal, air 1969 sc 734. in shri udhav singh v. madhav rao scindia, (1977 ..... petition later on. (b) because the respondent, and with his consent his agents and workers, committed the corrupt practice and undue influence within the meaning of section 123(2) of the representation of the people act 1951. material facts and necessary particulars in respect of this corrupt practice are mentioned subsequently in this petition. (c) because the respondent himself and his agents and ..... expenses upon the money paid by the administration, to the police posted for his security. the respondent thus himself committed the corrupt practice under section 123(4) of the representation of the people act. section 123(4) of the act provides : -- '(4) the publication by a candidate or his agent or by any other person, with the consent of a candidate or his election .....

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Oct 28 1986 (HC)

Trivikram NaraIn Singh and ors. Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Oct-28-1986

Reported in : AIR1987All362

..... not bar even appointment of a person who may be a non-hindu. learned counsel further submitted that although under the act he was responsible for management of the secular affairs but in fact power given to him under sub-section (2) of section 17 enlarges his activities and it amounts to interference with religious affairs of the temple. it was also urged that ..... of the expressions 'religion' and 'religious denomination'. the word 'religion' has not been defined in the constitution and : indeed it is a term which is hardly susceptible to any rigid definition. the word 'religion' also does not occur in the preamble to the constitution, but the preamble does promise to secure to its citizens 'liberty of thought, expression, belief, faith ..... therein. it only reiterated what had been said in shirur math's case. the hon'ble court did not modify or alter the law developed on the first part of definition of denomination including hindus, zorastrians, christians, etc., in ambit of religious denomination provided they were collection of individuals having a common faith. nor the principles laid down in it ..... of guruvyar andchedambaran temples. but the hon'ble supreme court was concerned only with shirur math which was a religious body and satisfied all the requirements of second part of definition of denomination. the occasion to consider if collection of individuals being believers of one faith or religion or cult, having same name without anything more constituted religious denomination or .....

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Oct 15 1986 (HC)

Dabur (Dr. S.K. Burman) Private Limited and anr. Vs. the State of U.P. ...

Court : Allahabad

Decided on : Oct-15-1986

Reported in : 1987(12)ECC310

..... state government had the power to issue a notification applying the provisions of the u.p. excise act to medicated articles meant for medicinal purposes. as observed above, so long as the notification directing the applicability of sections 1 to 74 or any other provision preceding section 75 had not been applied to medicinal preparations by the state government by means of a notification ..... from such other date as may be specified in that behalf.7. in view of section 75 of the u.p. excise act nothing contained in sections 1 to 74 applies to the import, manufacture, possession, sale or supply of any bona fide medicated article for medicinal purposes by medical practitioners, chemists, etc. as a result of this, nothing contained in chapters i to ..... .2. for discussing the points urged, since it is necessary to make a brief reference of the relevant provisions of the u.p. excise act, we hereby do so. amongst the various objects of the aforesaid act enumerated in its preamble, one of them is to carry into effect the policy of prohibition.3. section 3 of the act is an interpretation clause giving definitions ..... was a condition precedent. in other words, so long as a notification under section 75 had not been published, no action under the act with regard to bona fide medicated articles for medicinal purposes could be taken. by section 75, the applicability of sections 1 to 74 to bona fide medicated articles for medicinal purposes had been excluded except insofar as the state government may .....

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Aug 01 1986 (TRI)

Masood Halim Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Aug-01-1986

Reported in : (1987)20ITD310(All.)

..... regarded as being appurtenant thereto.7. the term 'house' has not been defined. neither has it been defined in section 2 which gives definitions of various terms, not has it been defined for the limited purposes of section 7(4). hence, we have to understand by the term 'house', what it means in common parlance. we agree ..... for the purpose. it has been stated by the commissioner that in section 2(g) of that act, the term 'land appurtenant' has been defined to be an area of 500 sq. mtrs. in a place where building regulations exist. on the basis of this definition, the commissioner held that the area of land, which could be ..... . v.l. kashyap v. r.p. puri [1976] 12 dlt 369 at p. 385 (delhi). the word 'house' has been defined in section 2(3) of the orissa house rent control act, 1968. it will include the premises besides the main house structure, the premises having garden, vacant spot or space, servants' quarters, garage, stable, kitchen ..... interest of revenue. it is hence contended that the order of the commissioner passed under section 25(2) be cancelled.2. the facts may be stated in brief. the wto had passed the order of assessment under section 16(3) of the act for the assessment year 1976-77 on 28-3-1981. the total wealth was computed ..... 1. this is an appeal against the order of the commissioner, passed under section 25(2) of the wealth-tax act, 1957 ('the act'). by this order, the commissioner had set aside the order of assessment of the wto for the assessment year 1976-77, on the .....

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Dec 31 1986 (TRI)

Omrao Industrial Corpn. (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Dec-31-1986

Reported in : (1987)20ITD739(All.)

..... arguments, the learned counsel for the assessee also submitted that the ito who initiated the penalty proceedings, referred the matter to the concerned iac as per the provisions of section 274(2) of the act, which was subsequently amended. it is urged, therefore, that the ito once correctly referred the matter to the iac, would not get back that jurisdiction so as to ..... respect of such items, no penal action could be taken. it was also urged that the addition was sustained by rejecting the books of account and applying provisions to section 145(2) of the act, as held by the tribunal in para 30 of the said order. it was stated by the tribunal in that order that the numerous mistakes and discrepancies pointed ..... (3) of the act, on the total income of rs. 6,72,863 on 29-3-1975. return showing loss was filed on 21-2-1973. the ito invoked the provision of the explanation to section 271(1)(c). notice was issued to the assessee and the case was referred to the iac concerned, as the minimum penalty imposable exceeded rs. 25,000 ..... out by the ito in the assessee's production register, had not been denied by the assessee and that such mistake would, however, merely justify resort to section 145(2) and making .....

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