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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: delhi Year: 1980 Page 1 of about 32 results (0.114 seconds)

Mar 04 1980 (HC)

Rajesh Chand, Etc. Vs. Dayawati and ors.

Court : Delhi

Decided on : Mar-04-1980

Reported in : ILR1981Delhi477

..... make a will of a certain purport and does so merely to purchase peace and in submission to b. the will is invalid.(2) the principle of section 16 of the contract act defining undue influence is also applicable to the burden of proof resting on the beneficiary propounder when he is in a position to ..... who is an eminent physician (and m.r.c.p.), examined amar nath at his own clinic on 3rd september, 1973 which shows that amar nath was definitely in a physical and mental state of mind capable of making the first will on 30th august, 1973.(9) we, thereforee, agree with the learned single ..... the evidentiary value of the statement of dw 5, and our conclusion is that there is no reliable or convincing evidence that the appellants arranged any medical attendance to amar nath after he shifted to their residence. thereforee the only reason given by the appellants why amar nath shifted from his own house ..... command asserted and yielded to for the sake of peace and quiet, or of escaping from distress of mind or social discomfort, these, if carried to a degree in which the free play of the testator's judgment, discretion, or wishes is overborne, will constitute undue influence, though no force is either used or ..... the result of his free will or not. (11) in the present case. the importunity of the appellants must be regarded as having reached the required degree to take away the free will of amar nath. because, firstly amar nath having died so soon after must have been gravely ill. secondly, there is .....

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Oct 16 1980 (HC)

Dalel Singh Vs. Jag Mohan Singh and Others

Court : Delhi

Decided on : Oct-16-1980

Reported in : 1981CriLJ667a

..... a direction to convict by an indirect method of ordering re-trial when it cannot directly convert a finding of acquittal into a finding of conviction as enjoined by section 401(3), cr.p.c., see k. chinnaswamy reddy v. state of andhra pradesh, : [1963]3scr412 ; thakur ram v. state of bihar, : ..... . this burden cannot be discharged by showing merely a preponderance of probabilities in his favor. as envisaged by s. 11, he has to show a high degree of probability in his favor. in satya vir v. state : air1958all746 , it was remarked that the omission on the part of the accused to produce all ..... evidence in support of his plea which could have easily been produced, would raise a presumption against him under illustration (g) to s. 114, evidence act, 1872, that it would, if produced, have been unfavorable to him. the accused did not produce the nurse who made the entries in the indoor ..... satisfactorily explained. 9. i have considered. while discussing the plea of alibi, the learned judge misdirected himself by applying s. 105 of the evidence act which is applicable to exceptions and not to alibi. alibi is not an exception under the penal code or any other law. alibi is governed by ..... intercostal space. (2) the surgeon made exploratory laparotomy and discovered a lacerated wound on the left kidney and supra-renal, with big retro peritoneal haematoma. this injury was described as grievous caused by a sharp object and would have been fatal in the ordinary course of nature but for the medical aid. 3 .....

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Dec 19 1980 (HC)

Annie BenjamIn Vs. BanjamIn Mathew

Court : Delhi

Decided on : Dec-19-1980

Reported in : 19(1981)DLT239; 1981RLR255

..... there was conception it is not to be assumed that it was the reault of proper intercourse. their lordships further look note of a passage from taylor's medical jurisprudence which reads :- 'a curious, though no. doubt legally correct, decision, was reached in a' case in 1950 in which a wife asked the ..... the petitioner. (8) the third point noticed by the trial court is that there is no other evidence besides the statement of the petitioner either medical or otherwise to show that the husband could not cause erection and perform sexual intercourse. in cases involving pyschic condition the only direct evidence available by ..... the husband-respondent moved an application to lead additional evidence on both the issues which was allowed and he summoned the record of all india institute of medical sciences where the petitioner was working. the record was produced and the statement made by the petitioner was found to be correct that she became pregnant ..... . (5) the second point taken specific note of by the trial court is that the wife .did not ask for the medical examination of the husband and the trial court was of the view that she is to be blamed for it. i do not think ..... of the additional district judge dismissing the petition under section 18 and 22 of the indian divorce act, 1969. the petition was tried and heard on the following issues:- 1. whether the respondent is impatent, as alleged in the petition? if so, to what effect opa 2. whether the respondent has treated the petitioner with .....

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Mar 18 1980 (HC)

Addl. Commissioner of Income-tax, Delhi-i Vs. Delhi Brick Kiln Owners ...

Court : Delhi

Decided on : Mar-18-1980

Reported in : [1981]130ITR55(Delhi)

..... our opinion is dependent on the construction and interpretation of 'charitable purpose' as defined in s. 2(15) of the i. t. act, 1961. section 2(15) reads : ''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 ..... any activity for profit. so long as the purpose does not involve the carrying on of any activity for profit, the requirement of the definition would be met and it is immaterial how the monies for achieving or implementing such purpose are found, whether by carrying on an activity for ..... to dominant intention but construed the words 'not involving the carrying on of any activity for profit' which had been added by the 1961 act of the definition of 'charitable purpose'. it held that an activity for profit would imply that there should be a profit motive in the activities of the ..... facts and in the circumstances of the case, the tribunal was right in holding that the income of the assessed is exempt under section 11(1)(a) of the income-tax act, 1961 ?' 2. for the subsequent assessment years 1967-68 to 1973-74, a similar question has been posed, though worded slightly differently. it reads ..... did not recur. 7. the respondent asserted that is income was entitled to exemption from tax under s. 11(1)(a) of the i. t. act, 1961, as it was formed for a charitable purpose, it objects being the advancement of general public utility. the ito, however, disallowed the claim. .....

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Oct 28 1980 (HC)

Manjula Bhargava (Manjula Pandit) Vs. Bharat Bhushan Bhargava, Etc.

Court : Delhi

Decided on : Oct-28-1980

Reported in : ILR1980Delhi1535

..... would satisfy the requirement of law and would he treated as original. the existence of more original than one is implicit in explanationn ii to section 91 of the evidence act which says that where there are more originals than one original only need be proved. (see phipson on evidence, tenth edition, para ..... 12) there are only two provisions which have real bearing in the matter of execution and proof of wills. these are section 63 of the succession act and section 68 of the evidence act. section 63, in substance, requires the will to be signed by the testatory and attested by two or more witnesses, each ..... that the original will had been withheld by manjlila we find no reason, whatsoever, for coming to a different conclusion. according to section 3 of the evidence act, a fact can be said to be proved when, after considering a matter before it, the court either believes it to exist ..... presence of the testator signed his name hereunder as attesting witnesses.'(8) shri p. r. mridul, learned counsel for manjula, has submitted that a high degree of formality in the matter of execution of the will is exacted and that two pre-emptory requirements in the matter at' attestation are : (1 ..... their presence.'(13) it was in a situation like this that a division bench of the calcutta high court in brahmdat tewari v. chaudan bibi air 1916 calcutta 374 (3) observed : 'theprinciple is well-settled that when the evidence of the attesting witnesses is vague, doubtful or even conflicting upon some .....

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Apr 08 1980 (HC)

New Delhi Municipal Corporation Vs. Hardev Singh and ors.

Court : Delhi

Decided on : Apr-08-1980

Reported in : AIR1980Delhi224

..... sold as such by the accused, as a sale of an article of food under the act attracted all the consequences that flow from such sale as provided under the act. their lordships on examining the definitions of expressions 'food' and 'sale' used in section 2(1) of the act, observed that sugar at any rate is an article which ordinarily enters into and is used ..... the facts of the case, the sample of atta was 'insect infested'. the learned judge noticing the testimony of the public analyst, shri bhatnagar, and dr. n. k. paul, assistant medical officer of health, took the view that the atta, sample whereof was taken by the food inspector, was unfit for human consumption. he, however, in view of the other submission ..... injurious. the minimum standard for purity of atta does not contemplate any insect infestation. the sample of atta was found to be insect infested. the public analyst and the assistant medical officer of health of the local authority have categorically stated that the sample of atta was unfit for human consumption. according to shri n. k. pal, assistant ..... medical officer of health, weevils as such can cause gestric irritation and nausea and vomitting if con- sumed with any food article. that being so, it has to be held that .....

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Jan 16 1980 (HC)

Ram NaraIn Vs. the State

Court : Delhi

Decided on : Jan-16-1980

Reported in : 17(1980)DLT230

..... should not be allowed to go scot free with wrongful gains of illegal act on the technical plea of bar of limitation. it is true that having regard to the definition of the offence of criminal trespass in section 441 of the indian penal code, the offence is complete as soon ..... 'triable' in contra distinction to the word 'tried' is also significant and lends support to the above construction. further subsection (. 2) of section 53-b of the act provides that a panchayati adalat may impose a fine not exceeding one hundred rupees but no imprisonment may be awarded in default of ..... is not in controversy that the period of limitation in the present case would bs one year, as prescribed in clause (b) of sub-section (2) thereof. section 469 lays down the terminus a quo for the period of limitation in various types of cases. under clause (a) the period of limitation ..... of punishment in the even of the trial culminating in conviction of the accused. section 53-c whittles down the power of the panchayati adalat to try cases of previous convicts of ..... payment. it is thus manifest that the panchayati adalat cannot in fairness to the parties concerned, be entrusted with the trial of cases of serious or complicated nature calling for a higher degree .....

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Mar 07 1980 (HC)

Jagdish Pershad Vs. Phoolwati Devi

Court : Delhi

Decided on : Mar-07-1980

Reported in : 17(1980)DLT446; 1980RLR367

..... the special provisions of the delhi rent control act a particular provision of the code of civil procedure cannot be followed, the controller need not do so. section 25b(7) opens with the words 'notwithstanding anything contained in sub-section (2) of section 37'. section 25b(7), thereforee) prevails over section 37(2). it omits the words 'as far as ..... that in the period from 17.7.1977 the absolute necessity of rest advised by the doctor was not there. in the absence of any definite statement by the doctor of the disability of the tenant for making arrangements for the filing of an application in the controller's court at delhi ..... , we are unable to see that any prima facie case is made out by the tenant on the strength of this medical certificate. without the medical certificate a mere self-serving statement of the tenant that he was not permitted to leave the bed during 27.6.1977 to 1 ..... could be made on the instruction of the tenant even by telephone from dehradun to delhi. assuming that every thing that is said in the medical certificate is true the statement by the doctor does not amount to saying that the tenant was unable to arrange for the making of the application ..... order of eviction and grant leave to defend to the tenant. the questions whether the affidavit filed by the petitioner before the controller and the medical certificate supporting the said affidavit are such circumstances as would persuade us to allow the revision and to remand the case to the controller to .....

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Apr 14 1980 (HC)

Jaipur Charitable Trust Vs. Commissioner of Income-tax, Central, Delhi

Court : Delhi

Decided on : Apr-14-1980

Reported in : [1981]127ITR620(Delhi)

..... of the definition contained in the 1922 act but adds ten words at the end. the definition now reads 'charitable purpose includes relief of the poor, education, medical relief and the advancement of any other object of general public ..... making purpose holds a dominating role or even constitutes an equal component with the purpose of advancement of the object of general public utility, then clearly the definition in s. 2(15) is not satisfied. if the purpose is charitable in reality the carrying on of a business for carrying out the charitable purpose of the trust or ..... utility not involving the carrying on of any activity for profit'. the additional words introduced in the above definition ..... of the i.t. act, 1961. there are some differences in the exemption available to charitable trusts under the 1922 act as compared with that available under the 1961 act. but for our present purposes the only material difference is, as already stated, in regard to the definition of 'charitable purpose'. this definition, contained in s. 2(15), repeats the language .....

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Jan 11 1980 (HC)

L. Bansi Dhar and Sons Vs. Commissioner of Income-tax, Delhi

Court : Delhi

Decided on : Jan-11-1980

Reported in : ILR1980Delhi415; [1980]123ITR58(Delhi)

..... if death is caused by an accident is not only clear in principle but is also recognised in the definition of 'life insurance business' in s. 2(11) of the insurance act, 1938. while this definition applies to the payment of money on the death of the assured, it specifically excludes death caused by ..... as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent'. 9. it is useful to read the definition of 'actionable claim' bearing in mind that actionable claim represents par excellence the type of property that a person can have by way of a contractual ..... any bodily injury were to be caused to lala murli dhar by violent, accidental, external and visible means, compensation was payable to him for disablement and medical expenses. secondly, if he was to die as a result of such accident, compensation of rs. 5,00,000 was payable to his legal representatives. ..... contract may ripen into property. this is why s. 4 of the transfer of property act 1882, provides that the chapters and sections of that act which relate to contracts shall be taken as part of the indian contract act, 1872. the question, however, arises as to when a contractual right is property and when ..... opinion under s. 256(1) of the i.t. act. the question are as below : '1. whether, on the facts and in the circumstances of the case, the tribunal was justified is upholding the action under section 147 as valid in law 2. whether, on the facts and in the circumstances of the .....

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