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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: chennai Year: 1989 Page 3 of about 37 results (0.085 seconds)

Apr 13 1989 (HC)

K. Jayaraman Vs. Superintendent of Police, Erode and anr.

Court : Chennai

Decided on : Apr-13-1989

Reported in : (1991)IILLJ5Mad

..... proceedings. this reason equally applies to the delinquent employee is well. by merely relying upon the two outer dates as done under the limitation act, persons like that of petitioner are trying to get orders of courts and very serious charges are being quashed purely based on conjectures and surmises ..... of this court in v. s. ramanarayanan v. the f. c. i. (supra) learned judge held that there was an inordinate delay of 2 years and 4 months in initiation of disciplinary action, and this had factually prejudiced the defence of the delinquents, who had wanted to rely upon certain ..... called upon to show cause against the proposed punishment and he sent his explanation on 14th december, 1961. subsequently for a period of 3 1/2 years, nothing was heard about the matter. only on 25th august 1965, he received a communication dated 20th august, 1965,to the effect that ..... him from prompt initiating of proceedings, and how the belated initiating of proceedings is justifiable in law. without such justification, a delay of 5 1/2 years of this nature, would by itself result in quashing of disciplinary proceedings. 5. in advancing this proposition, he relies upon the following decisions. ..... points are canvassed by learned counsel mr. r. shanmugham. 4. the first submission made by him is that, when an inordinate delay of 5 1/2 years takes place in initiating disciplinary proceedings, it results in principles of natural justice being violated, and therefore, it has to be quashed. according to .....

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Mar 31 1989 (HC)

In Re: Jeyaseelan and anr.

Court : Chennai

Decided on : Mar-31-1989

Reported in : 1990CriLJ2559

..... formalities of investigation, p.w. 18 laid a report under s. 173 cr.p.c. before the judicial second class magistrate, periyakulam on 21-12-1983 for offences under sections 323, 324, 326 and 302 read with s. 34 i.p.c. appeared to have been committed by accused 1 to 4. 3. the learned sessions judge, upon ..... exhibit p.1 report to p.w. 16 sub-inspector of police at 10.45 a.m. who in turn registered the case in crime no. 149/83 under sections 326, 307 and 302 i.p.c. he prepared express reports and sent and the same to the concerned officials. exhibit p. 24 is the express f.i. ..... of accused 1 in committing the murder of the deceased. 9. in support of such an argument, learned counsel would draw the attention of the court to the medical testimony available on record in the shape of the doctor p.w. 8 coupled with exhibit p. 9 post-mortem certificate. p.w. 8 found seven external injuries ..... with m.o. 1 while accused 3 stabbed him on his right flank twice m.o. 2 the deceased succumbed to the injuries sustained at the hands of accused 1 and 3. as adverted to earlier, learned sessions judge gave a definite finding that there was no prior meeting of minds between accused in causing the death of the ..... aid of s. 34 i.p.c. and the accused are individually liable for the overt acts caused. learned counsel for the appellants, on the face of such a finding and in the absence of medical testimony as to which of the overt acts of accused 1 and 3 resulted in the death of the deceased, would submit that the .....

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Apr 05 1989 (HC)

The Senior Intelligence Officer, Directorate of Revenue Intelligence, ...

Court : Chennai

Decided on : Apr-05-1989

Reported in : 1990CriLJ704

..... code and investigation being conducted by a police officer. obviously in relation to a person arrested under the customs act, section 167(1) cr.p.c. is covered suitably by section 104(1) and (2) of the customs act. in that event, the application of section 167(2) of the code can pose no difficulty, except the consideration of the words 'accused person' used in that ..... me by the respective counsel, it is better that the facts necessary for the disposal of these petitions be narrated initially. 7. the respondent, directorate of revenue intelligence, madras had definite information that three kerala muslims along with the petitioner, m. k. s. abu bucker, had entered into a criminal conspiracy to smuggle foreign gold biscuits into india through the ..... such power has been given in the special act, when it was not available in the code, portways that the provisions of the code generally apply, unless ..... direct for the purpose of enforcing the provisions of this section. such power not having been provided under the criminal procedure code, specifically, the special act, had invested it. except sections 53 and 54 of the code, referable to the examination of the accused by a medical practitioner, the power contemplated under section 103 of the act does not appear to form part of the code. that .....

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Nov 27 1989 (HC)

income-tax Officer Vs. Trichy Distilleries and Chemicals Ltd.

Court : Chennai

Decided on : Nov-27-1989

Reported in : [1990]32ITD794(Mad)

..... question was whether the sanitary and pipeline fittings installed fell within the definition of plant given in section 10(5) of the 1922 act which was similar to the definition given in section 43(3) of the 1961 act and this court after approving the definition of plant given by lindley, l. j. in yarmouth v. france ..... is used for mechanical operations or processes or is employed in mechanical or industrial business. in order to qualify as plant, the article must have some degree of durability, as for instance, in hinton v. maden & ireland ltd. [1960] 39 itr 357 , knives and lasts having an average life ..... amount of rs. 6,18,704 represents electrical installations including lighting in the premises where acetic acid is manufactured and an amount of rs. 2,13,971 relates to electrical installations connected with transformer installed just by the side of the acetic acid storage tank. it is claimed that the ..... c, d, e and f and the following appears as an item for which special depreciation rate of 15% is applicable, namely, item iii (ii) b (7) :'machinery and plant coming into contact with corrosive chemicals.'the first point for consideration, therefore, is whether the electrical installations in the present ..... which has been specifically excepted by inscription of the letters n. e. s. a. (meaning no extra shift allowance) against it in sub-item (ii) above and also in respect of the following items of machinery and plant to which the general rate of depreciation of 10 per cent applies :-(1 .....

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Nov 17 1989 (HC)

Vanathaiyan and anr. Vs. the State

Court : Chennai

Decided on : Nov-17-1989

Reported in : 1990CriLJ2767

..... prosecution has established the guilt of the appellants beyond reasonable doubt, to safely sustain the convictions and sentences imposed on them, for the offences under section 304, part ii, i.p.c. ?15. thiru a. n. rajan, the learned counsel for the appellants contended, that the prosecution has suppressed the genesis ..... fell down during the course of the incident, when he must have been admittedly drunk, his having sustained the injuries noticed on him by the medical officer in an altogether different pattern cannot be ruled out.25. now a discussion about the injuries sustained by the accused needs consideration p.w. 6 ..... panchayat, which has been put forth as the motive for the incident. on facts, their evidence neither helps the defence nor the prosecution.24. the medical evidence which has already been discussed, in respect of the injuries sustained by the deceased, is material in yet another angles as well. p.w ..... the recorded evidence, which showed that the prosecution had not placed the entire truth regarding the incident before the court. he would also contend that the medical evidence directly contradicted the ocular version and even on this count the appellant were entitled to the benefit of doubt.16. per contra, mr. a ..... region of the head of the deceased to furnish/corroboration, to the overt act attributed only one beating on the back of the head of the deceased by a. 1. it will be relevant to notice the medical evidence furnished by p.w. 6 at this stage. to a question put .....

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Nov 08 1989 (HC)

M. Selvam and ors. Vs. T.P. Kuppanna Mudaliar

Court : Chennai

Decided on : Nov-08-1989

Reported in : (1989)2MLJ385

..... funds. considering the facts and circumstances of the case in the light of section 23(f) of the act, we hold that the award of compound interest at 12% p.a. with half-yearly rests by the trial court was just, fair ..... in the aforesaid circumstances, at 12% p.a. with half-yearly rests appears to be just and reasonable, especially when, on the facts, section 23(f) of the act stood attracted and the appellants have not exercised an option for payment of the net profits made by the respondent by the employment of the trust ..... 6% p.a., unless the court otherwise directs. as we have pointed out earlier, with reference to clauses (e) and (f) falling under section 23 of the act, there is no specification of the rate of compound interest, but it is stated that such interest would be at the same rate and that would ..... trust and he is, therefore, liable to make good the loss, the beneficiaries of the trust property had thereby sustained. the further provision under section 23 of the act is to the effect that such a trustee committing a breach of trust is not liable to pay interest except in the cases enumerated under clauses ..... that the granting of 6% p.a.simple interest would suffice.2. mr.m.r. narayanaswami, learned counsel for the appellants inviting attention to section 23(e) and (f) of the act, submitted that even in cases falling under section 23(e) and (f) of the act, a trustee found guilty of breach of trust would be liable .....

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Feb 14 1989 (HC)

C. Sussela Wife of C. Mohana Krishna Vs. K. Venkatakrishna and ors.

Court : Chennai

Decided on : Feb-14-1989

Reported in : (1989)1MLJ281

..... english law laying down the abovesaid doctrine of acceleration is applicable in india also. the learned counsel also brought to my notice section 9 of the indian trust act, 1882 which runs as follows:a proposed beneficiary may renounce his interest under the trust by disclaimer addressed to the trustee, or ..... as admitted by themselves in paragraph 3 of their written statement. all these features indicate breaches of trust committed by the defendants 1 and 2. the trustees were enjoined to keep accounts and the beneficiaries are not paid their share of income from the trust property as per the directions ..... 1983. according to paragraph 12 of the petition, this petition is filed seeking determination of the following questions:(a) whether the defendants (1 and 2) who are the trustees appointed under the said will are not liable to render an account to the plaintiff of the income and expenditure relating to ..... for renouncement of such interest, as claimed by the learned counsel appearing for the defendants 1 and 2. even generally a surrender need not be in writing (vide venkattapa v. golla a.i.r. 1916 mad. 108 and patta v. venkatta : air1930mad1 the contention of the learned counsel appearing for the ..... defendants 1 and 2 that the deed dated 30-9-1987 executed by the plaintiff is neither sufficiently stamped nor .....

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Mar 13 1989 (HC)

A. Karunambigai Vs. V. Kanagasabapathy

Court : Chennai

Decided on : Mar-13-1989

Reported in : (1989)2MLJ420

..... in the manner aforesaid and it is established one way or other, no legal consequence can flow there from for the purpose of section 13(1)(i-a) of the act. it is, therefore, necessary in such a situation that not only the requisite amendment should be made out a specific and clear ..... when she was questioned as to the particulars of the women, she would state that she cannot specifically state. she has also stated that from the medical check up by doctor she came to know that he was having connection with other womenfolk. through she has stated that she has given a complaint ..... interfered and meditated and advised her husband. she also sent a reminder (ex.b.2) in pursuance of ex.a.2. the respondent filed the petition for dissolution of marriage under section 13(1)(a) of the hindu marriage act alleging that the appellant herein in her reply has gone to the extent of saying ..... the help of the brother of the appellant, and the respondent left for karur promising that he would come on the next day with necessary money for medical expenses. but, he did not do so. the alleged mediation and persuasion by the respondent to the appellant to return to karur are all false. ..... parties, their education, physical and mental conditions, customs and traditions and come to its own conclusion that acts proved would amount to cruelty in a given case. it is difficult to lay down a precise definition or to give an exhaustive description of the circumstances which would constitute cruelty. cruelty should be of .....

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Feb 07 1989 (HC)

R. Jesudasan Vs. K. Selvaraj and ors.

Court : Chennai

Decided on : Feb-07-1989

Reported in : (1989)ILLJ470Mad

..... and ors. : (1989)illj34mad , sathiadev, j., while dealing with a case of termination of service on medical grounds under the act, held that it will come within the purview of section 22 of the act and lack of prior approval will vitiate the termination. of course, the learned judge relied on the following decisions ..... or coercion or undue influence. it is not normally expected of a teacher to shell out money outof his pocket, if he has no definite intention of his own to go out of employment forthwith for better prospects or on account of other conveniences of his own. condition 9 alone ..... the learned single judge posed three questions for consideration as follows:(1) what is the meaning of the words 'otherwise terminated' occuring under section 22(1) of the act?(2) would the finding in c.m.a. no. 75 of 1977 that an appeal lay even in a case of voluntary resignation constitute ..... pande v. vidyut grih siksha samiti and ors. : (1989)illj81sc a case of dismissal of a headmaster in violation of the regulations framed under section 28(2)(d) of the m.p. madhyamik siksha adhiniyam came up for consideration before the supreme court. regulations 71 and 79 were relevant and they ran ..... in this case, the resignation having been accepted by the executive committee, i.e., the educational agency only, the acceptance is not valid in law.(2) under rule 17a of the tamil nadu private school (regulation) rules, there should be prior approval by the chief educational officer before any resignation of .....

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Feb 07 1989 (HC)

R. Jesudasan Vs. K. Selvaraj, Correspondent/Secretary and ors.

Court : Chennai

Decided on : Feb-07-1989

Reported in : (1989)2MLJ229

..... 1989) 1 l.l.j. 34. sathiadev, j, while dealing with a case of termination of service on medical ground under the act, held that it will come within the purview of section 22 of the act and lack of prior approval will vitiate the termination. of course, the learned judge relied on the following decisions ..... or coercion or undue influence. it is not normally expected of a teacher, to shell out money out of his pocket, if he has no definite intention of his own to go out of employment forthwith for better prospects or an account of other conveniences of his own. condition 9 alone ..... the learned single judge posed three questions for considerations as follows:,(1) what is the meaning of the words 'other wise terminated' occurring under section 22(1) of the act.(2) would the finding in c.m.a. no. 75 of 1977 that an appeal lay even in a case of voluntary resignation constitute ..... pande v. vidyut grih sikshal samiti and ors. : (1989)illj81sc , a case of dismissal of a headmaster in violition of the regulations framed under section 28(2)(d) of the m.p. madhyamik siksha adhiniyam came up for consideration before the supreme court. regulations 71 and 79 were relevant and they ran as ..... otherwise, we will be doing violence to the very intendment behind the provision. better and clear cut provisions got incorporated into the rules later on 2-4-1981, by the introduction of rule 17-a, which has specifically dealt with educational agencies obtaining compulsory resignation letters either at the time of .....

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