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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: delhi Year: 1973 Page 1 of about 24 results (0.097 seconds)

Nov 19 1973 (HC)

N.C. Singhal Vs. Union of India and ors.

Court : Delhi

Decided on : Nov-19-1973

Reported in : ILR1973Delhi1081

..... word ' category' is defined in section 2(c) to mean a 'group of posts specified in column 2 of the table under rule 4'. the table in rule 4 gives the categories of supertime grade ii, specialists' grade, general duty officers, grade i, etc. it is significant that this definition is different from the definition of 'category' in rule 2 (b) of the old rules ..... down the educational and other qualifications required for the posts in various categories. for supertime grade ii, the qualifications are as follows:- (1)a basic medical qualification under the indian medical council act, 1956. (2) post-graduate degree or diploma qualifications mentioned in annexure ii or equivalent.(7) annexure ii to the second schedule lists the various specialities in medicine and public health and enumerates the ..... the service were already occupying posts and held liens on them at the initial constitution of the service in 1963 shows that these posts existed from before 1963. the very definition of' departmental candidate' shows that these departmental candidates were in the department from before 1963. secondly. the first lilies were made in 1959 which also shows that persons ..... . this recognises the existence of rules different than these rules relating to the post. such different rules must, thereforee, be prior to these rules. the definition of ' departmental candidate' in rule 2 (f) of the old rules of 1963 is also the sams with the difference that such a candidate could be one who held any of the posts .....

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Dec 03 1973 (HC)

Krishna Wanti Puri Vs. the Life Insurance Corporation of India, Divisi ...

Court : Delhi

Decided on : Dec-03-1973

Reported in : AIR1975Delhi19

..... knows everything it is the duty of the assured to make a full disclosure to the underwriters of all the material circumstances.24. the words 'prudent insurer' in section 20(2) of marine insurance act should be noted, they mean that in a dispute the court must apply the objective standard of business usage and disregard the exacting standard of a particular insurer ..... the basis of the contract clauses strictly against the insurance companies. the question of legislating against such clauses has been considerable the law reform committee (1957-5th report) but no definite recommendation was made.30. english law on this score has been reproached both by judges and academic writers. we have noticed the observations of fletcher moulton, l j., cheshire and ..... answered by the deceased in the personal statements and the answers given by him thereto.question answer what has been your usual state of health? good have you consulted a medical practitioner within the last five years? if so, give details. no have you ever suffered from any of the following ailments - fainting attacks, pain in chest breathlessness pulpitation or any ..... ) 1 kb 408. 20. life insurance stands on the same footing. the provisions of marine insurance act in india are in pari material with the english act in this respect, i would thereforee similarly hold that the test of what is a material fact and the degree of good faith which is required is otherwise the same in all classes of insurance.21 .....

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May 25 1973 (HC)

The Indore Malwa United Mills Ltd. and ors. Vs. Union of India and ors ...

Court : Delhi

Decided on : May-25-1973

Reported in : ILR1974Delhi311

..... it is open to the court to investigate whether the petitioner undertaking have been included validly in the first schedule by purporting to test it with the definition given in section 2(d) of the impugned act. if this argument was to be accepted then it must follow that the court after finding that a particular textile undertaking specified in the first schedule does ..... trust v. baldeva inder siligh and others : [1972]2scr386 . thus the petitioners' undertaking will be covered within the impugned act either by virtue of section 4(1) read with first schedule or even by applying title definition clause of section 2(d)(iv) or section 2(d)(v) this part of the argument of hie counsel for the petitioners thereforee fails.(72) the next part of ..... .'(99) in 'miss rita kumari v. union of india and others' : air1973sc1050 the government of india had introduced a scheme by which a certain number of scats in government medical colleges were reserved for repatriates from burma but only for those who came on or after june 1, 1964. this was challenged as making discrimination between those' repatriates like the ..... of the fundamental right guaranteed by article 14 of the constitution', vide sakliawant all v. state of orissa : [1955]1scr1004 (25).(91) 'the courts recognise in .he legislature some degree of elasticity in the matter of making a classification between persons objects and transactions. provided the classification is based on some intelligible ground, the courts will not strike down that .....

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Feb 09 1973 (HC)

Nepal Knitting and Weaving Mills Pvt. Ltd. Vs. Union of India and ors.

Court : Delhi

Decided on : Feb-09-1973

Reported in : 9(1973)DLT168

..... of which is subject to any prohibition under this act or any other law for the time being in force but does not include any such goods in respect ..... a bill of entry for home consumption under section 46. under section 47, the proper officer has to be satisfied that any goods entered for home consumption are not prohibited goods. if so satisfied, be would make an order permitting the clearance of goods for home consumption. the definition of 'prohibited goods' in section 2(33) of the act is 'any goods the import or export ..... india even though export licenses had been issued to them by the government of nepal. on 2nd july 1969 the government of india, ministry of finance, acting under sub-section (2) of section 2a of the indian tarriff act, 1934, notified that fabrics containing more than 10 per cent by weight of synthetic fibre or yarn and stainless steel manufactures for household use would be ..... aggression during the war and for whose benefit the compensation had been paid by germany to great britain. the government of great britain had issued a proclamation on 7th september, 1916 asking such persons to prefer their claims and had set up a machinery for the scrutiny of such claims in article 232 of the treaty, germany had undertaken and the .....

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Dec 19 1973 (HC)

Mahabir Metal Works Pvt. Ltd. and anr. Vs. Union of India and anr.

Court : Delhi

Decided on : Dec-19-1973

Reported in : ILR1974Delhi617

..... uniform rule. in other words, absence of uniformity itself might help defeat the measure. this is why presumptions were raised by clauses (a) and (b) of sub-section (2) of section 269c of the act, namely:- (a) that if the fair market value exceeds the apparent consideration by more than 25 per cent, this shall be a conclusive proof that the consideration for ..... necessary by complex conditions due to recent developments of civilisation.' (3) corpus jurisdiction, vol. 20, art. 30 at pages 552-553 concludes the discussion as follows :- 'no general definition of what degree of public good will meet the constitutional requirements for a 'public use', can be framed, as it is in every case a question of public policy.'(19) public policy ..... transferer and/or the transferee or any other person interested may show that the provisions of clause (a) of sub-section (2) of section 269c do not apply to the case concerned. the presumptions under both clauses (a) and (b) of sub-section (2) of section 269c are, thereforee, rebuttable. the raising of a rebuttable presumption is justified when the fair market value of the ..... resolution of all-india congress working committee in 1947' as pointed out by ray, j., in kesavananda bharti v. state of kerala, : air1973sc1461 . as ray j., observed in paragraph 1916 - 'every citizen asserts enjoyment of fundamental rights under the constitution. it becomes the corresponding duty to every citizen to give effect to fundamental rights of all citizens, dignity of all .....

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Dec 19 1973 (HC)

Mahavir Metal Works P. Ltd and anr. Vs. Union of India and anr.

Court : Delhi

Decided on : Dec-19-1973

Reported in : AIR1974Delhi73; [1974]95ITR197(Delhi)

..... rule. in other words, absence of uniformity itself might help defeat the measure. this is why presumptions were raised by clauses (a) and (b) of sub-section (2) of section 269-c of the act, namely:-(a) that if the fair market value exceeds the apparent consideration by more than 15 per cent., this shall be a conclusive proof that the consideration for ..... necessary by complex condition due to recent developments of civilization.' (3) corpus jurisdiction, vol. 20, art. 30 at pages 552-553 concludes the discussion as follows :- 'no general definition of what degree of public good will meet the constitutional requirement for a 'public use' , can be framed, as it is in every case a question of public policy.' 15. public policy ..... an instrument of] transfer not so registered would not be covered by the definition. then follows the definition of 'transfer' in section 269-a(h) which simply means the transfer of any immoveable property by sale or exchange, namely, under the transfer of property act. under section 54 of the transfer of property act, a transfer of immoveable property of the value of rs. 100/- ..... plays with fire to complain of burnt fingers.'27. the next question is whether the impugned act applies to the transaction which was executed before the act came into force but registered thereafter. the key provision of the act in this respect is the definition of the 'instrument of transfer' in section 269-a(f) meaning the instrument of transfer registered under the registration .....

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Jan 03 1973 (HC)

Freddy Fernandes Vs. P.L. Mehra

Court : Delhi

Decided on : Jan-03-1973

Reported in : ILR1973Delhi682

..... he had 'no other reasonably suitable residential accommodation' let us examine them.(5) question no. 1 what is the meaning of the expression 'bona fide'section 2(19) of the general clauses act defines as follows:- 'athing shall be deemed to be done in good faith where it is in fact done honestly whether it is done negligently or not.'(6) taken by ..... understanding the meaning of the expression 'bona fide' in this context. the requirement that the need of the landlord must be 'bona fide' is intended to be very restrictive. it definitely limits the choice of the landlord. the expression 'bona fide' is not to be understood as indefinitely enlarging the choice of the landlord and leaving it to his own subjective ..... first floor of the nizamuddin house by the tenant. after all, what is 'reasonably suitable' may depend not only on a difference of kind but even on a difference of degree. lf the alternative accommodation is of a different kind than the premises in dispute, not much argument would be needed to show that it would not be reasonably suitable. on ..... be that it is 'reasonably suitable'. of course if it, though of the same kind, is different from the disputed premises economically, then the degree of difference would have to be considered. in the present case, the degree of difference between the jangpura house and the nizamuddin house cannot be said to be such that the jangpura house was not reasonably suitable .....

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Nov 16 1973 (HC)

Globe United Engineering and Foundry Co., Ltd. Vs. Industrial Financia ...

Court : Delhi

Decided on : Nov-16-1973

Reported in : [1974]44CompCas347(Delhi); ILR1974Delhi571

..... other than profits did not arise in a winding up. (24) oil behalf of the seventh respondent it was urged with reference to section 2(22) of the income tax act, 1961 that distribution, on liquidation, of accumulated profits of any past year or even the current profits of the company immediately before its ..... v. rajaraman, on a request made to him, at a general meeting held on 18-9-1971, to apply to this court under section 518 of the act, referring the controversy between the company and some of the preference shareholders as to whether the latter are entitled to payment of dividend as ..... when that is seen to be the position of preference shareholders, generally speaking, and they had taken preference shares on definite terms, as a matter of bargain, in a company registered under the companies act, the protection so given to them by the article, cannot be either ignored or curtailed in any manner adverse ..... of the winding up.' among the decisions referred to are in re crichton's oil company (1902) 2 ch. 86; re w. foster & son, ltd. (1942) 1 a.e.r. 314 (2), in re new chinese antimony company. limited (1916) 2 ch 115; in re springbok agricultural estates, limited (1920) 1 ch. 563; in re wharfedale ..... brewery co. ltd. (1952) ch. 913; and re e. w. savery, ltd. (1951) 2 a.e.r. 1036; (10) re walter symons, ltd. ( .....

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Apr 17 1973 (HC)

Shiv Shanker Lal Vs. Commissioner of Income Tax, Delhi

Court : Delhi

Decided on : Apr-17-1973

Reported in : ILR1973Delhi298; [1974]94ITR433(Delhi)

..... the tests laid down by the same high court in rasiklal chimanlal nagri's case for determining what constituted agricultural land under section 2(e) of the wealth-tax act applied also to the definition of agricultural land under section 2(14) of the act. while reiterating the principles enunciated in the earlier case, the high court made the following additional observations :- 'it will be clear ..... krishna iyer's case cited by the learned counsel. m. s. menon, c. j., observed in that case as follows :- 'the expression 'capital asset' is defined in section 2(4a) of the act. according to that definition 'capital asset' means property of any kind held by an assessed, whether or not connected with his business, profession or vocation, but does not include, among other ..... that it can be regarded as agricultural land.'(23) from a review of the above case law on the subject, the legal position in respect of the definition of agricultural land under section 2(14) of the act can be expressed as under :- the very wide interpretation of the term 'agricultural land' put by the madras high court in sarojinidevi's case and ..... things, 'any land from which the income derived is agricultural income'. the expression 'agricultural income' is defined in section 2(1) of the act. it is clear from the definition that the primary condition that must be satisfied is that the land in question should be used for agricultural purposes.'(12) the decision of the kerala .....

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Nov 27 1973 (HC)

State (Delhi Administration) Vs. G.P. Nayyar

Court : Delhi

Decided on : Nov-27-1973

Reported in : 1974CriLJ1363

..... offence of criminal misconduct was defined in sub-section (1), made punishable by sub-section (2) while sub-section (3) could be invoked as a rule of evidence to prove the offence. it was somewhat anomalous that the prosecution and the charge for an offence punishable under section 5 (2) had to consist of specific allegations of a definite misconduct committed at a certain time etc., in ..... for'. when the pendency itself has to be the basis for a valid classification, no objection can be taken to the classification on that ground.26. acting under section 2 (3) of the anti-corruption laws (amendment) act, 1967, thereforee, the appeal against the acquittal of g. p. nayyar is allowed, his acquittal is set aside and the case is remanded to the special ..... ).the possession of disproportionate assets by nayyar could, thereforee, be used as evidence against him under section 5 (3) inasmuch as the trial of nayyar was pending in this court immediately before the commencement of act no. 16 of 1967. sub-section (2) of section 2 of act no. 16 of 1967 says that the trial of the offence shall proceed from the stage at which it ..... post facto law. similarly, in charles f. kring v. state of missouri (1883) 27 law ed 506, according to the law existing when the act constituting the offence was committed, the accused could be guilty of murder only in the second degree having pleaded guilty to the charge but by subsequent law an acquittal of the charge of murder in the first .....

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