Skip to content


Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: chennai Year: 1980 Page 1 of about 32 results (0.156 seconds)

Apr 17 1980 (HC)

M.S. Manickam Vs. Cheran Transport Corporation

Court : Chennai

Decided on : Apr-17-1980

Reported in : (1981)ILLJ396Mad

..... the question of punishment being disproportionate to the gravity of the offence will arise. 6. let me first take up for consideration whether s. 33(2)(b) of the act is attracted or not. section 33(2)(b) of the act reads as follows : 'during the pendency of any such proceedings in respect of an industrial dispute, the employer may, in accordance with the standing ..... was directed to join duty from 1st november, 1974. he wanted time till 4th november, 1974. on 5th november, 1974 he applied for leave on medical grounds for one month with a medical certificate from a government medical officer. thereafter, he produced the certificate from the e.s.i. doctor. the leave was granted upto 30th january, 1975. he was again granted leave ..... upto 3rd january, 1975 to 11th march, 1975. on 18th march, 1975 the petitioner again applied for leave from 11th march, 1975. he did not produce any medical certificate. he was continuously absent for more than 8 days without proper leave. the management called for the explanation of the petitioner on 24th march, 1975. the petitioner submitted his ..... standing orders treated his services as having been automatically terminated. the workman made an application under s. 33a of the act before the labour court. the labour court accepted the workman's version that he had asked for extension of leave on medical grounds and had sent an application through another workman. on the circumstances, the labour court held that there was .....

Tag this Judgment!

Dec 17 1980 (HC)

Addl Commissioner of Income-tax, Madras-i Vs. Gangabai Charities

Court : Chennai

Decided on : Dec-17-1980

Reported in : [1983]142ITR718(Mad)

..... religious purpose which does not ensure for the benefit of the public. the expression 'charitable purpose', however is the subject of definition in s. 2(15) of the act. there it has been defined to include relief of the poor, education, medical relief, and the advancement of any other object of general public utility not involving the carrying of any activity for profit. the ..... trust property either to religious or to charitable purposes, the fact that religious purposes are capable of being correctly and clearly understood will not set right the defect in the definition of the trust object, created by the inclusion of such vague phrases as 'cultural', 'social' and 'allied' purposes. 26. mr. ramamani urged that this manner of construing the charitable purposes ..... , can be regarded as rendering the income of the trust exigible to tax exemption. 15. as we earlier pointed out, s. 11 is the operative provision for tax exemption. the section refers to 'income derived from property held under trust wholly for charitable or religious purposes'. the expression 'religious purposes' is not, in terms, defined under the interpretation clauses of the ..... i.t. act. but an indication as to what it means is to be found in s. 13. section 13(1)(a) lays down that any part of the income from the property held under a trust for private religious purposes, which .....

Tag this Judgment!

Feb 11 1980 (HC)

D. Kannan Vs. Southern Roadways and anr.

Court : Chennai

Decided on : Feb-11-1980

Reported in : AIR1981Mad144

..... eyesight, the question whether his disability was transient or likely to be a permanent disability was a matter which could have been asserted with confidence only after a detailed medical check-up. the medical evidence in a sense was an eye opener, as it were, to the petitioner and it was thereafter that he could move the claims tribunal for the amendment ..... claim before the expiry of six months.7. in the present me, the respondent, southern roadways, themselves concede that the amendment sought for by the petitioner was prompted by the medical evidence rendered by the doctor before the tribunal at the time of the enquiry. where a plea relating to the nature of the injury or the claim for compensation depends ..... before filing the claim for compensation. the tribunal had noticed that the application for amendment had been filed by the petitioner only after the medical witness had deposed that the petitioner's eyesight had been impaired as the result of the injury and the loss of vision was a permanent disability. nowhere is it said ..... with any degree of self assurance. in these circumstances, there can be no question ct the petitioner's application to amend the pleadings being belated, in any sense.8. the tribunal had expressed the view that it has no power to order amendment of pleadings. it referred to section 110-c(2) of the motor vehicles act, and observed that only .....

Tag this Judgment!

Jan 10 1980 (HC)

Commissioner of Income-tax, Tamil Nadu-iv Vs. V.K. Ramachandran

Court : Chennai

Decided on : Jan-10-1980

Reported in : (1980)18CTR(Mad)33; [1981]128ITR727(Mad)

..... facts and in the circumstances of the case, the tribunal was within its jurisdiction in finding that the provisions of section 154 would not apply to the assessee's case ?' 2. the assessee is a medical practitioner having taken a post-graduate degree. for the assessment year 1972-73, he claimed development rebate on x-ray machines amounting to rs. 13,013. ..... : 'any business, trade, undertaking, manufacture, or calling of employers and including any calling, service, employment, handicraft or industrial occupation or avocation of workmen'. having regard to the wide definition of the word, the supreme court held that the institutions described above would all come within the scope of an industry. in the course of the judgment, in para. 154 ..... undertaking. the result was that the distinction between a trade and a profession was practically annihilated in view of the definition. learned counsel for the commissioner contended that this result followed because of the particular definition in the industrial disputes act. 6. assuming that the result that follows from the judgment of the supreme court has to be attributed only to ..... the language of the provision, then it would not be a proper guide for construing the provisions of a different enactment where there is no statutory definition. therefore, we do .....

Tag this Judgment!

Mar 13 1980 (HC)

P.S. Mohana Srinivasan Vs. Girija

Court : Chennai

Decided on : Mar-13-1980

Reported in : (1981)1MLJ321

..... : air1963mad283 has taken the view that section 28 of the hindu marriage act, 1955, confers a right of appeal against all decrees and orders passed by the court in any proceedings under the act, and it is not necessary that such decrees or orders should satisfy the definition of the term 'decree' under civil procedure code, ..... discharged the burden........... undoubtedly matrimonial proceeding is an ordinary civil proceeding. but as it involves the disruption of marital tie, law imposes a stricter degree of scrutiny of the evidence if uncorroborated. such corroboration is demanded as a rule of precaution and prudence so that a well-instructed mind may ..... she had at any earlier point of time informed him that she was pregnant. it has been observed that she could have been taken for medical examination to know about her pregnancy. but this could have been possible, if only she had informed him of what was developing. therefore the ..... by a visiting nurse about birth of a child to enable entries to be made immediately in the registers of birth and deaths. p w. 2, the nurse has stated that the word 'premature' had been written in 'red ink' and a comment had been made that there are manipulations ..... appellant, are highly interested and their evidence has to be scrutinised with great caution. but so far as the evidence tendered by p. w. 2 is concerned, she is an independent witness. she has spoken about entries made in the registers maintained in public offices. the ground on which the .....

Tag this Judgment!

Jan 03 1980 (HC)

Additional Commissioner of Income-tax, Madras-i Vs. Automobile Associa ...

Court : Chennai

Decided on : Jan-03-1980

Reported in : (1980)17CTR(Mad)332; [1981]127ITR730(Mad)

..... and in the circumstances of the case, it has been rightly held that the object of the assessee fell within the definition of section 2(15) of the act, and, therefore, the assessees entitled to exemption under section 11 of the income-tax act, 1961 2. whether, on the facts and in the circumstances of the case, the tribunal was right in holding that there was ..... referred to the finding of the tribunal that the object of the several activities undertaken by the assessee was not to make profit. section 2(15) defines 'charitable purpose' as follows : '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. ..... object of general public utility, income from such business would not be exempt since the purpose would cease to be charitable. such a construction, which rendered a provision of the act, viz., section 11(4), superfluous and reduced it to silence, cannot be accepted; (3) the test which has to applied is whether the predominant object of the activity involving any ..... an activity permissible under a truly charitable purpose, for profitable activity in working out the charitable purpose is not excluded; and (6) where company was registered under section 25 of the companies act, 1956 (for its earlier counterpart), and under the memorandum of association the profit arising from any activity carried on by assessee was liable to be applied solely and .....

Tag this Judgment!

Mar 07 1980 (HC)

M.S. Sivakozhundu Mudaliar Vs. Amaravathi Finance Corporation

Court : Chennai

Decided on : Mar-07-1980

Reported in : AIR1980Mad230

..... is quite understandable because that court was construing the provisions of ordinance no. 5 of 1978, and section 2 (1) of the ordinance had employed the expression 'person' in the process of defining who a creditor was. in contrast, the definition of the same term creditor in act 40 of 1978, as extracted above, avoids referring to the creditor as a person. hence, ..... my judgment, erroneous in law, for two reasons. the first reason can be found from another provision in this very ordinance namely, section 2 (7). this clause carries a definition of the term 'person' for the purposes of the ordinance. the definition reads as under- ''person' means an individual and includes an undivided hindu family a marumakattayam or aliyasanthana tarwad or tavazhi, but ..... ground. 3. section 2(1) of ordinance no. 5 of 1978 defines the term 'creditor' as under ''creditor' means a person from or in respect of whom the debtor has borrowed or incurred a debt and includes the heirs, legal representatives and assigns of such person'. 4. the court below concentrated on the expression 'person' occurring in the above definition, and observed ..... the firm the juristic personality of a suitor. that the intention of these provisions was to 'concede some degree of personality to the firm is very clear from the report of the special committee which preceded the enactment of the indian partnership act 1932. the committee observed that the amendments to the partnership law, as suggested by them gave 'greater emphasis .....

Tag this Judgment!

Jan 22 1980 (HC)

S.V. Venkatarama Reddiar Vs. Abdul Ghani Rowther and ors.

Court : Chennai

Decided on : Jan-22-1980

Reported in : AIR1980Mad276

..... let to a tenant; explanation: a tenant who sublets shall be deemed to be a landlord within the meaning of this act in relation to a tenant'. the definition of 'tenant' in section 2 (8) is also follows-''tenant' means any person by whom or on whose account rent is payable for a building ..... can conveniently deal with some of the other contentions raised by the appellant's counsel. on the basis of chinnappa thevan v. pazhaniappa pillai air 1916 mad 911, it was argued that. tenancies created by a mortgagee in possession are binding on the mortgagor even after the redemption of the mortgage ..... possession. in the course of the judgment, the division bench referred to; a judgment of this court in chinnappa thevar v,pazhaniappa pillai, air 1916 mad 911,where it was held that tenancies created by a mortgagee in 'possession are binding on the mortgagor even after the redemption of the mortgage ..... to see how the ratio in chinnappa thevan v. pazhaniappa pillaig air 1916 mad 911, can be invoked by the appellant. if the decision is, however. relied for contending that the mortgagee's act of creating tenancy, even without reference to section 76(a), will necessarily bind the mortgagor, we must reject that contention ..... division bench observed that they found it difficult to agree with the broad proposition as laid down in chinnappa thevar v. pazhani appa pillai, air 1916 mad 911, and further more, the ratio ran counter to the principles formulated by the supreme court in mahabir gope v. harbans narain, .....

Tag this Judgment!

Jul 23 1980 (HC)

Oriental Fire and General Insurance Co. Vs. V. Ganapathi Ramalingam

Court : Chennai

Decided on : Jul-23-1980

Reported in : AIR1981Mad299

..... . however, the learned counsel appearing for the owner of the bus is well as the claimants contend that, the limitation provided for in sub-section (2) of section 95 applies only to the persons carried in the vehicle in respect of the 'death of or bodily injury caused to the persons carried in the ..... to indemnify the owner of the bus to the entire extent of his liability without any limit. we have to therefore consider the applicability of section 95 (2), of the act to the facts of this case. the deceased ganapahi and the injured ganpathi ramalingain were all occupants of the car with which the bus ..... than the amount actually awarded by the tribunal * the substantial question urged by the insurance company in both the appeals is that under section 95 ' (2) (b) of the motor vehicles act. its liability isrestricted to its. 50,000/- in respect of *a single accident and, therefore its liability cannot in any event exceed ..... claiming any amount towards loss of earnings. the tribunal has awarded a sum of rs. 5000 for pain and suffering and rs. 1000 towards cost of medical treatment. it is not the claimant's case that as a result of the injury he has suffered any permanent disability. in those circumstances, the award ..... out. of the injuries sustained by the claimant and that the claimant is, however, entitled to a sum of rs. 1,6001- towards cost of medical treatment and rs,5,000 for pain and suffering allil l. 4xed an aggregate, compensation of p )00/- as against the claim made fair a sum .....

Tag this Judgment!

Dec 11 1980 (HC)

Bapalal and Co. Vs. Government of India and ors.

Court : Chennai

Decided on : Dec-11-1980

Reported in : 1981(8)ELT587(Mad)

..... necessary for the completion of manufacture and therefore it must be deemed to be manufacturing these articles. the central excises and salt act, 1944 gives an inclusive definition of the word 'manufacture'. s. 2(f) defines 'manufacture' thus - '. v. union of india - 1978elt(j 18). the learned judge had to consider ..... processes which are incidental or ancillary not the manufacturing process but to the process of sale of the end product would not fall within the definition of 'manufacture' appearing in clause (f) above extracted. thus the mere transfer of the end product into containers which can be handled conveniently, ..... end product and enhancing the goodwill of the manufacture would not form part of manufacture. in this view of the matter, the fact that section 13 of the fertiliser (control) order, 1957 enjoins a particular type of packing for the fertiliser before it is sold and the stage at ..... for human consumption; (b) opium, indian hemp and other narcotic drugs and narcotics, and (c) dutiable goods as defined in s. 2(c) of the medical and toilet preparations (excise duties) act, 1955 (16 of 1955). explanation. - in this item, the expression 'factory' has the meaning assigned to it in s ..... . 2(m) of the factories act, 1948 (63 of 1948).' notification no. 119 of 1975, dated 30-4-1975 issued by the government of india .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //