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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: chennai Year: 1963 Page 1 of about 30 results (0.195 seconds)

Oct 09 1963 (HC)

Dr. T.C.M. Pillai Vs. the Indian Institute of Technology  by Its Di ...

Court : Chennai

Decided on : Oct-09-1963

Reported in : (1964)1MLJ70

..... body corporate, having perpetual succession. it consisting of chairman, a director and other members of the board. section 6 of the act conferred powers upon the institute generally to provide for instructions and research in engineering technology, to hold examinations and to grant degrees, to establish hostels, etc it was also empowered to frame statutes and ordinances for the proper government of the ..... not as a punishment.6. it is unnecessary to enter into the further contents of the affidavit which deal with the petitioner's allegations that there were certain disputes regarding medical bills or the allotment of residential quarters.7. the institute also contends that the petitioner is not a members of a civil service under the union, who is entitled to ..... unit in the governmental organisation, is the claim made by the learned counsel. it is urged that the act has declared this institute to be one of national importance. the president of india is the visitor who is competent under section 9(2) of the act to appoint persons, to review the work and progress of any institute and to hold enquiries into the ..... temporary employee. it should therefore follow that it is open to the employer and equally to the employee to put an end to the service relationship by notice. statute 13(2) provides that:all appointments to posts in the institute shall ordinarily be made on probation for a period of one year, after which period the appointee, if confirmed, shall continue .....

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Oct 29 1963 (HC)

Management of Vijayakumar Mills Ltd. Vs. Secretary, Vijayakumar Mills ...

Court : Chennai

Decided on : Oct-29-1963

Reported in : AIR1964Mad395; [1965(10)FLR287]

..... to the conclusion that the expression 'any person' occurring in section 2(k) of the act could not be given its ordinary meaning but must be construed consistently with the intent and purpose of the act. so construing, they held that , the medical officer, who under the then existing definition of 'workman' would not come within it could not be held to have any community of ..... an assistant spinning master of a company, who was among the supervisory staff. but his emoluments were such that he satisfied the terms of the definition of 'workmen' after the amendment of section 2(s) of the act. the learned judges of the mysore high court held that as the conditions of service of the dismissed employee were different from the conditions of service ..... was directed to dispose of the reference on its merits. the management now appeals.2. it is not disputed that kumaraswami though employed only in a supervisory capacity will be a workman as defined in section 2(s) of the industrial disputes act. prior to the amendment of that definition by act xxxvi of 1956 the term 'workman' did not include a person employed to do ..... supervisory work. under the terms of the definition as amended by that act, a 'workman' means any person employed in any industry to do .....

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Jan 10 1963 (HC)

Michael Villavarayar and Anr. Vs. Workmen, represented by Secy. Boatme ...

Court : Chennai

Decided on : Jan-10-1963

Reported in : AIR1963Mad351; (1963)IILLJ203Mad

..... , we might also note that a point was actually raised and urged before the learned judge, with regard to the definition of 'industrial dispute' occurring in section 2(k) of the act that an industrial dispute is so defined as to include any matter connected with the dismissal even 'of any person'. this ..... 1961). the learned judge held, in effect, that a tindal was a 'workman' within the definition of section 2(s) of the act, and that further his office did not fall within exception (iii) or (iv) to that section. the two other objections were, firstly, that the matter was only a private dispute between ..... to the office or by reason of the powers vested in him, functions mainly of a managerial nature.' we might here usefully extract the definition of 'industrial dispute' in section 2(k), which is to the following effect: 'industrial dispute' means, any dispute or difference between employers and employers, or between employers ..... a. 127/61 1. this appeal raises a question of some degree of interest with reference to the tests to be applied in determining whether a paid employee is a 'workman' within the scope of section 2(s) of the industrial disputes act, where a contention arises that, by reason of the duties performed ..... a position of management.' 7. in view of what we have been able to gather fromthe sources available to us, about the very high degree ordiscretion and power vested in a tindal, at least while atsea and in charge of his sailing vessel, it would be difficultto hold that he .....

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Jul 15 1963 (HC)

M. Ratanchand Chordia and ors. Vs. Kasim Khaleeli

Court : Chennai

Decided on : Jul-15-1963

Reported in : AIR1964Mad209

..... owner of the dominant tenement claiming a right of easement over the property acquired which would be the servient tenement is a 'person interested' within the definition of that word in section 3 of the act. section 3 defines 'person interested' as follows:'the expression 'person interested' includes all persons claiming an interest in compensation to be made on account of the acquisition of ..... common owner owning the property 'rushkrum' and the subsequently constructed property as 'khaleel mansions'. khaleel shirazee effected a settlement of his properties in favour of his sons under ed. a.2 dated 1-4-1925. the plaintiff, who is one of the sons of khaleel shirazee, obtained under this settlement the property 'rushkrum' lying behind khaleel mansions and which constituted old ..... . g. i. p. rly., co., ilr 41 bom 291 : air 1916 pc 3. abdul karim khan v. managing committee, george high school : air1936all879 , rashid allidina v. jiwandas khemji : air1943cal35 .should a similar construction of the word 'encumbrances' be adopted in construing the provisions of the displaced persons (compensation and rehabilitation) act of 1954 is the question. we may point out that it .....

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Sep 13 1963 (HC)

L.M. Chitale and anr. Vs. the Commissioner of Labour

Court : Chennai

Decided on : Sep-13-1963

Reported in : AIR1964Mad131; (1963)IILLJ747Mad

..... tribunal, : (1962)illj241sc . in that case, the question arose, whether a solicitor's firm carrying on the work of an attorney satisfied the definition of an 'industry' within the meaning of section 2(j) of the industrial disputes act. their lordships pointed out that the distinguishing feature of an industry is that for the production of goods or for the rendering of service ..... why on broad and general considerations which cannot be ignored, a liberal profession like that of art attorney must, we think, be deemed to be outside the definition of 'industry' under section 2(j).'i have earlier pointed out that there is a fundamental distinction recognised between the carrying on of a profession and the carrying on of a trade or business ..... and cannot take in establishments where professional services are rendered.7. in the state of bombay v. hospital mazdoor sabha, : (1960)illj251sc , the construction of section 2(j) of the industrial disputes act came into question. that section defines 'industry' to mean 'any business, trade, undertaking, manufacture or calling of employers, and includes any calling service, employment, handicraft for industrial occupation or avocation ..... commissioner held in order impugned that the' firm is not a commercial establishment but is a shop within the meaning of section 2 [16) of the act. it is contended by the petitioner that the partners of the firm are carrying on' the profession of consulting architects, the partners being members of the royal institute .....

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Jul 05 1963 (HC)

Kassimiah Charities Rajagiri, Represented by Its Hereditary Trustee Sr ...

Court : Chennai

Decided on : Jul-05-1963

Reported in : AIR1964Mad18

..... though it might constitute a wakf under the mahommadan law will come within the scope of the wakf act of 1954. section 2 of that act declares that the' provisions contained in the act will apply to all wakfs. but the term 'wakf' has been defined in section 3 (i) as meaning 'a permanent dedication by a person professing islam of any moveable or immoveable property ..... of giving religious instruction to muslim boys and with the object of giving appropriate secular education to muslims and non-muslim boys i established a free school in the year 1916 at rajagiri for the benefit of the students studying in the school as well as the members of the public belonging to the other communities. i have been conducting since ..... in tanjore dt. who appears to have been a man of enterprise and who evidently had enlightened views, acquired considerable properties by his business in foreign countries. in the year 1916, he established at his place a school known as madras kassima for the benefit alike of muslims and non-muslim boys. eight years later he started a free dispensary which ..... support or maintenance of objects of utility to the said community, or section such as rest houses, for feeding the poor and institutions for the advancement of education, medical relief and public health or other objects of a like nature and includes the institution concerned.'it was held that the definition postulated the test of exclusiveness and unless therefore the benefits of an .....

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Aug 23 1963 (HC)

Management of the Hindu, Kasturi and Sons Ltd. Vs. State of Madras Rep ...

Court : Chennai

Decided on : Aug-23-1963

Reported in : AIR1964Mad412

..... be proof readers because at certain stages they examined proofs, copy-holders as such are not expressly mentioned in. the definition in section 2(f) of the act and they would be entitled to wages of a working journalist only if they show that they come within the terms of the ..... under the enactment working journalist is deemed to include a proof-reader. copyholders as such are not expressly mentioned in section 2(f) of that act, but having regard to the functional definition adopted by the wage committee they would be entitled to the same salary as proof readers only if they show that ..... definitions of working journalists.'10. turning to the definition of 'proof reader' as given in the schedule to the report which we have extracted above we ..... i. e., for six hours day of work, the management declined to extend them that benefit on the ground that although the definition of the term 'working journalists' in the act purported to include them, the object and scope of the enactment did not envisage such persons getting benefits thereunder. this resulted in ..... the hindu for the issue of a writ of certiorari to quash the orders passed by the labour court, madras under section 9(2) of the working journalists (fixation of rates of wages} act (xxix of 1958) directing the payment of certain, sums by the management to the third respondent in the several appeals .....

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Sep 03 1963 (HC)

Minor Ramalingam, Represented by His Maternal Uncle, Swaminatha Odayar ...

Court : Chennai

Decided on : Sep-03-1963

Reported in : AIR1964Mad320

..... the part of the lower courts in regard to the true construction of section 14(1) of the act. what that section enacts is to convert a limited estate which a woman possessed under the law (except in the cases provided by sub-section (2) ) into an absolute one; it does not in terms render void ..... nothing in the foregoing provision (sic) a repeal by implication of any rule of hindu law not directly contradictory of the provisions contained in the act. therefore section 4 will not abrogate any principle outside the rule of succession. by way of illustrating what we have said, we would like to refer to ..... 's right to divest even an inheritance which has vested absolutely in an heir; that is of particular value to the interpretation of section 14(1) of the act which does nothing more than confer an absolute estate on the female owner. the existence of such an estate therefore in an intermediate ..... under the mitakshara law has been made heritable property in certain circumstances. no distinction has been made between a male and a female heir of equal degree in the matter of inheritance; the limited estate of woman who has inherited and those in possession as an heir has been enlarged into an ..... and foreign marine insurance co. v. sanday (samual) and co., (1916) 1 ac 650 -'i should look more carefully in a codifying act to see whether any existing law is altered by express words, and should not hold that the act is going beyond codification unless it puts the matter beyond dispute.'it cannot .....

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Aug 16 1963 (HC)

Daniel Dorairaj, No. 254 M.O.C. B and C Mills, General Secretary, B an ...

Court : Chennai

Decided on : Aug-16-1963

Reported in : AIR1964Mad242; (1964)ILLJ207Mad

..... v. rajagopalan, : (1963)iillj89sc their lordships of the supreme court after exhaustively dealing with the scope of the section held, that sub-section (2) of section 33-c was wider in scope than sub-section 1. it must also be remembered that the claim under the arbitration award in the instant case relates to the ..... of the constitution to quash the order of the labour court failed before veeraswami j. the learned judge held that sub-section 2 of section 33-c should be read conformably to sub-section 1 and that neither of them could refer to claims of the nature specified as an arbitration award. hence the ..... up for work on the compensatory working day. this claim was sought to be enforced by the worker in an application under section 33-c(2) of the industrial disputes act, before the labour court, madras. the jurisdiction of that court to decide the claim was contested by the management on the ..... terms and conditions of employment and' not extraneous thereto. such a claim will undoubtedly be comprehended by section 33-c(2). the only argument against the maintainability before the labour court of the claim for good attendance bonus was that the appellant had another remedy ..... 50 np. per month for perfect attendance. in the computation of such bonus absence for one day would be condoned if it was occasioned by medical leave or leave on the occasion of the death or other connected ceremonies of a relative.3. according to the management in october 1958 at .....

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Aug 23 1963 (HC)

The Management of the Hindu, Kasturi and Sons, Ltd. Vs. the State of M ...

Court : Chennai

Decided on : Aug-23-1963

Reported in : (1964)1MLJ13

..... held to be proofreaders because at certain stages they examined proofs. copyholders as such are not expressly mentioned' in the definition in section 2(f) of the act and they would be entitled to wages of a working journalist only if they show that they come within the terms of the ..... under the enactment working journalist is deemed to include a proof reader. copyholders as such are not expressly mentioned in section 2(f) of that act but having regard to the functional definition adopted by the wage committee they would be entitled to the same salary as proof readers only if they show that ..... definitions of working journalists.9. turning to the definition of ' proof reader' as given in the schedule to the report which we have extracted above we ..... , i.e., for six hours day work. the management declined to extend them that benefit on the ground that although the definition of the term ' working journalist ' in the act purported to include them, the object and scope of the enactment did not envisage such persons getting benefits thereunder. this resulted in ..... hindu for the issue of a writ of certiorari to quash the orders passed by the labour court, madras under section 9(2) of the working journalists (fixation of rates of wages) act xxix of 1958 directing the payment of certain sums by the management to the third respondent in the several appeals. .....

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