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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: chennai Year: 1969 Page 1 of about 28 results (0.091 seconds)

Nov 03 1969 (HC)

Muthuraj Koilpillai Vs. Esther Victoria Kannammal

Court : Chennai

Decided on : Nov-03-1969

Reported in : AIR1970Mad237

..... period of weeks, months, or even years can render a person unfit for employment, but given a little consideration, mild cases are employable. severe cases may have suicidal tendencies."this definition of the disease does not enable us by itself to conclude that the defendant was suffering from impotency. but the other facts seem to tend towards that effect. what happened ..... of her evidence shows that there was nothing so serious with her mental faculties as to regard them as bordering on idiocy. lunacy is a large term and includes several degrees of the mind. we are very doubtful whether, having regard to the defendant's mental capacity, as we have mentioned above, she can be rightly termed as a lunatic. no ..... she was discharged from service with effect from 28-6-1958, as she was suffering from manic depressive psychosis. the proceedings of discharge from service were issued by the district medical officer, rama-nathapuram. the record does show that after the marriage the defendant left her husband and never returned to him thereafter. the plaint was preceded by a notice issued ..... 1. this matter comes before us on a reference under section 20 of the indian divorce act. the district judge of tirunelveli has declared the marriage between the plaintiff and the defendant as null and void and granted a decree of divorce subject to confirmation by this court.2. the plaintiff and the defendant were married on 5-6-1958 in st. michael's .....

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Sep 23 1969 (HC)

The Secretary, Revenue Dept. Govt. of Madras Vs. M.V. Savitri Ammal

Court : Chennai

Decided on : Sep-23-1969

Reported in : AIR1970Mad471; (1970)2MLJ365

..... grandson to take the gift but because of the rule in the tagore case. (1872) 9 beng lr 377 (pc). consequently, it is section 130 of the succession act applied and on intestacy consequent upon the failure of the gift in favour of the grandson, the grandson will take the property as the heir- ..... of construction which have a bearing upon the interpretation of the present will are those contained in section 129 and section 130 of the succession act . it seems to us that section 129 applies to a substitutional gift. the section says:--"where there is a bequest to one person and a bequest of the same thing to ..... , but in the event of her dying issueless or leaving no adoption, all my properties shall be handed over to the government of madras for medical relief to suffering humanity especially children's diseases".the respondent prayed for a construction of the will and for a declaration that the provision in favour ..... of kalyani. the supreme court in that case on a construction of the will was of opinion that there was a substitutional gift attracting the principle of section 129. the decision turned upon the particular language of the will.5. in our view, therefore, ramamurti, j., was right in his conclusion. but ..... favour of the respondent, and that, as a result, she was the full and absolute owner of the properties set" out in the plaint schedule.2. the point at issue in the ultimate analysis is whether in view of the fact that kalyani predeceased her mother leaving no issue, there was an .....

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Apr 08 1969 (HC)

Doraipandi Konar Vs. P. Sundara Pathar

Court : Chennai

Decided on : Apr-08-1969

Reported in : AIR1970Mad291

..... learned subordinate judge, but i find it difficult to uphold the same. i have already set out the definition of repairs as found under section 2 (7) of the act 18 of 1960 and the emphasis in the definition is on the word 'restoration', and the section clearly points out that repairs do not include additions, improvements or alterations except in so far as they are ..... part of the landlord to make necessary repairs to the building within a reasonable time after notice by the tenant, and section 2 (7) of act 18 of 1960 while setting out the meaning of the term 'repairs' clearly excludes from the definition additions, improvements or alterations except in so far as they are necessary to carry out such restoration. i may add that ..... for another person, the person doing the act was entitled to look for compensation to the person for whom it was done. in panchkori v. haridas, 21 cwn 394. : air 1916 cal 497 it was held that it must be considered in each individual case whether the person who made the payment had any lawful interest in making it, if not, ..... the payment cannot be said to have been made lawfully. in the second place, the section is not attracted in cases of services rendered .....

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Feb 10 1969 (HC)

Samraj Nadar Vs. Abraham Nadachi

Court : Chennai

Decided on : Feb-10-1969

Reported in : AIR1970Mad434

..... mentioned in sub-section (2) and may be something less than a justification for- judicial separation or annulment or divorce but may still justify ..... the respondent, but it cannot succeed on account of the non-fulfilment of one of the essential ingredients of sub-section (1). thus, it will be seen that the 'reasonable excuse' need, not be identical with the 'defences' permitted under sub-section (2). english case law leaves no doubt that there may be 'a reasonable excuse' which is not one of the grounds ..... the act, and the definition of 'incestuous adultery' in section 3(6) is 'adultery committed by a husband with a woman with whom, if his wife were dead, he could not lawfully contract marriage by reason of her being within the prohibited degrees of consanguinity, whether natural or legal, or affinity'. thus, the only requisite is that the woman falls within the prohibited degree and ..... the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. (2) nothing shall be pleaded in answer to a petition for restitution of conjugal rights which shall not be a ground for judicial separation or for nullity of marriage or for .....

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Nov 05 1969 (HC)

Estate of Late G. Ramaswamy Naidu Vs. Controller of Estate Duty, Madra ...

Court : Chennai

Decided on : Nov-05-1969

Reported in : AIR1971Mad57; [1970]76ITR559(Mad)

..... found is conclusive, the answer should be against the accountable person.4. section 2(15) of the estate duty act defines 'property' as including any interest in property movable or immovable. section 5, which is the charging section, provides that in the case of every person dying after the commencement of this act, there shall be levied and paid upon the principal value ascertained as hereinafter ..... unreasonable and much less perverse. they have taken due and proper care to weigh the material before them. as the scope of section 64 of the estate duty act is similar to that under section 66 of the indian income-tax act, 1922, we are bound to accept the finding of fact that rs. 1,00.00/- worth or jewellery passed on the death ..... or immovable, left by the deceased on the date of death, including the property over which the deceased had the competence to deal with. the charging section read with the deeming provisions of the act makes it clear that if the deceased died possessed or deemed to have died possessed of property, over which he had the right of disposal, then such ..... the accountable person, under section 64(1) of the said act, the following question has been set before us for our decision.'whether on the facts and in the circumstances of the case, the tribunal is justified in holding that the value of the jewellery that passed on the death of the deceased was rs. 1,00,000/?'2. the estate in question .....

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Dec 05 1969 (HC)

Shri Alladi Kuppuswamy Vs. the Controller of Estate Duty, Madras

Court : Chennai

Decided on : Dec-05-1969

Reported in : AIR1970Mad366

..... (1)(b) and consequently of section 43 of the act of 1940".section 2(1)(b) is in pari materia with the first part of section 7(1) of the indian act. for ..... act, observed at page 718:"this shows that for the cesser of an interest to give rise to a charge for duty, it must be possible to say of the interest that it extended to the whole income, or to a definite part of the income. this notion of definite extension is, in my opinion, vital to the understanding and working of section 2 ..... be that the widow of a hindu deceased coparcener is, by reason of her interest under section 3(2) of the hindu women's rights to property act, 1937, entitled without effecting partition, to any definite share of income of the joint family properties. in our opinion, it follows that the ..... 154; jagdish prasad v. sree-dharkanta, . as stated in a privy council case, janaki ainmalv. narayanaswami, (1916) 43 ind app 207, 209 = 39 mad 634, 637 = 37 ind cas 171 =air 1916 pc 117; kalishankar das v. dhirendra nath, her right is of the nature of a right of property;her ..... position is that of owner; her powers in that character are, however, limited; but ......... so long as she is alive no one has any vested interest in the succession."what the widow takes, however, under section 3(2 .....

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Jul 18 1969 (HC)

R. Venugopala Reddiar and ors. Vs. Krishnaswamy Reddiar and ors.

Court : Chennai

Decided on : Jul-18-1969

Reported in : AIR1971Mad262

..... the ancient texts dattaka mimamsa and dattaka chandrika have referred to 'pratigrahitri ya matha' the adopting (the mother who receives) mother in the context of the adoption ceremony. dattaka mimamsa, section ii, placitum, 22 contains the crucial observation about the importance of the husband's part in an adoption ceremony.*****it translated, means 'on account of the husband's superior importance by ..... for the devolution of the trusteeship. three things are said to be indispensable to constitute a valid trust; the first is sufficient words to raise it; the second is a definite subject, and the third is certain or ascertained object (vide the law relating to hindu and mohammadan endowments-p. r. ganapathi iyer, 2nd edn. page 92). it is not ..... . one course of succession to the reversionary right follows the following line. on the death of krishnaswami reddiar issueless, his mother visalakshi ammal bacame the heir. visalakshi ammal died in 1916. the line of descent follows, thereafter through her sister, kamakshi, to her daughter, periammal and then to periammal's son paradesa reddiar, the second plaintiff. the first plaintiff has ..... of chidambara reddiar, her father-in-law by adoption. she was entitled to the sole management of the trust, in pursuance of the advice of the panchayatdars, she was acting in accordance with the settlement in the compromise decree by having a joint management along with ramanatha reddiar. but ramanatha reddiar had died some time before (in 1932). after the .....

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Dec 05 1969 (HC)

Vr. C. Rm. Adaikkappa Chettiar Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Dec-05-1969

Reported in : [1970]78ITR285(Mad)

..... of sale proceeds of the produce of the company.6. the question arose as to whether their activities constituted business within the meaning of section 2(4) of the excess profits tax regulation, hyderabad, whether the appellants were acting as employees of the company and whether the remuneration was liable to excess profits tax. the supreme court held that the appellants were the ..... to the income-tax appellate tribunal, madras, raising the same two contentions, that is, (1) that the income-tax officer was not justified in passing an order under section 154 of the act, and (2) that the income-tax officer was not justified in treating the sum of rs. 25,233 as part of the assessee's salary income. the tribunal also felt ..... navigation co. ltd. and held that in respect of the question which was not raised before the tribunal, argued or decided by the tribunal, a reference under section 66(2) of the indian income-tax act could not be asked for, and that, however, the question referred to was couched in general terms and the tribunal having decided the question against the assessee ..... operations is not relevant for the purpose of finding out whether the activities of the assessee come within the definition of ' business'.7. the decision in qamar shaffi tyabji v. commissioner of excess profits tax also arose under the hyderabad excess profits tax act. in that case the trustees of an industrial trust fund formed by a hyderabad firman of 1929 were .....

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Sep 29 1969 (HC)

The Management of Southern Roadways (P.) Limited Vs. D. Venkateswarlu ...

Court : Chennai

Decided on : Sep-29-1969

Reported in : (1971)1MLJ97

..... between the minimum wage and the wage1? actually paid. with regard to these items, there can be no doubt whatever that they fall within the definition of wages occurring in section 2(vi, of the payment of wages act, 1936. mr. n.g.r. prasad, learned counsel for the respondents in these writ petitions at one stage tried to argue that the difference between ..... employment. section 13 deals with the normal hours of work of an adult motor transport worker, while ..... with details of uniforms and raincoats to be provided by the employer and sub-rule (2) thereof deals with the payment of washing allowance, in case the employer himself has not made adequate arrangements for the washings of the uniforms.17. section 11 deals with medical facilities and section 12 deals with first aid facilities.18. chapter v deals with hours and limitations of ..... payable under the terms of employment or which is not payable under any award of settlement between the parties or order of a court;(2) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the state .....

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Dec 29 1969 (HC)

Kotak and Co. Vs. Additional Commissioner for Workmen's Compensation a ...

Court : Chennai

Decided on : Dec-29-1969

Reported in : (1970)IILLJ364Mad

..... and binding on both the employer and the person employed.rule 9(2) of the rules made by the government under section 41(2) of the act is as follows:9. (2) the procedure to be followed by the commissioner for workmen's compensation when hearing appeals preferred to him under sub-section (2) of section 41 shall be summary. he shall record briefly the evidence adduced before ..... .k. krishnan 1959 i.l.j. 797 is correct, it will follow that when the employer did not conduct the enquiry, as contemplated by section 41(1) of the act, the appellate authority, acting under section 41(2) of the act cannot conduct such an enquiry in substitution for the enquiry, which was obligatory on the part of the employer. nor does the learned judge in ..... wages in lieu of notice is given, and the discharge or dismissal is effected for misconduct on the part of the servant. in such cases the statute enacts a greater degree of protection to the employee, and insists on the charge of misconduct being held to be proved by satisfactory evidence recorded at an inquiry held for the purpose..the protections ..... the appellate authority on tae basis of himself conducting an enquiry.17. under these circumstances, i am definitely of the view that when the services of an employee are dispensed with by an employer without conducting an enquiry as contemplated by section 41(1) of the act, the appellate authority has no jurisdiction whatever to itself conduct an enquiry, in the place of .....

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