Skip to content

Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: himachal pradesh Year: 1989 Page 1 of about 8 results (0.028 seconds)

Nov 23 1989 (HC)

Leela Devi and anr. Vs. Ram Lal Rahu and anr.

Court : Himachal Pradesh

Decided on : Nov-23-1989

Reported in : 1990ACJ431

..... is a clear-cut distinction between the provisions of sub-section (1) and sub-section (2) of section 3. the first part deals with the injury directly caused to the person of the workman whereas sub-section (2) deals with occupational diseases mentioned in schedule iii to the act. this judgment, therefore, is of no assistance to ..... disease arose out of the employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of this section. (2-a) if a workman employed in any employment specified in part c of schedule iii contracts any occupational disease peculiar to that employment, the ..... in lancaster v. blackwell colliery co. ltd. 1918 wc rep 345, observed:if the facts which are proved give rise to conflicting inferences of equal degrees or probability so that the choice between them is a mere matter of conjecture, then, of course, the applicant fails to prove his case, because it ..... from the proved facts so long as it is a legitimate inference. it is of course impossible to lay down any rule as to the degree of proof which is sufficient to justify an inference being drawn, but the evidence must be such as would induce a reasonable man to draw it ..... of pain in the chest while on duty around midnight. he was asked to lie down but his condition deteriorated thereafter and he died. the medical evidence showed that the deceased was suffering from heart disease and the death was caused thereby. the commissioner dismissed the claim of the widow of the .....

Tag this Judgment!

Apr 03 1989 (HC)

Madan Lal Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Decided on : Apr-03-1989

Reported in : 1990CriLJ310

..... to the hospital at una. investigation started at the instance of the doctor at una and ultimately a challan was submitted against the appellant under section 307 of the penal code which ended in the aforesaid conviction.6. before moving forward to discuss the arguments of the learned counsel for the ..... judgment by way of this appeal.3. let the prosecution case be narrated briefly thus. the appellant was a private medical practitioner at badoohi chowk in una. shattar-din, complainant (p.w. 2), was a vegetable seller at the same place, occupying a khokha near a liquor vend and before leaving this place ..... same very factors to be proved as are needed to prove an offence under section 302 of the penal code except that in this case the act falls short of the death of the deceased which is necessary under section 302 of the penal code. sometimes, it becomes very difficult to differentiate between ..... the provisions of the probation of offenders act.31. the result is that the appeal is allowed to the extent that the conviction and sentence imposed on the appellant under section 307 of the penal code is set aside and the appellant is convicted under section 324 of the indian penal code and ..... an offence under section 307 of the penal code and others like under sections 324, 325, 326 etc. in both .....

Tag this Judgment!

Aug 16 1989 (HC)

Rattan Lal and Etc. Vs. State of H.P.

Court : Himachal Pradesh

Decided on : Aug-16-1989

Reported in : 1991CriLJ3302

..... will notice them later. we may, however, first read the relevant provisions of the act.13. the prevention of food adulteration act, 1954, had been enacted as 'an act to make provision for the prevention of adulteration of food'. section 2 is the definition section in which 'food' has been defined in sub-section (v) to mean 'any article used as food at drink for human consumption other ..... of the director, central food laboratory, and for filing a complaint after october 17, 1983, it was necessary for him to have taken the written consent of the chief medical officer of chamba district therefore, it is held that there is no proper and valid complaint. hence it is ordered that this complaint be returned to the complainant and the ..... quantitative protein content of different products is not correct.'under notification no. hfw.b(a-3)-1/81, dated october 17, 1983, the governor of himachal pradesh authorised all chief medical officers in their respective districts to institute legal prosecution or give written consent to institute prosecution. there was no dispute before the learned judge that petitioner voltas ltd., and respondents ..... and after the opinion of the director, central food laboratory dated 19-8-1983, the food inspector could file a fresh complaint only with the written consent of the chief medical officer in view of the government notification mentioned therein. in the case of petitioner, mehar chand, the position was entirely different.8. the case of mehar chand was heard .....

Tag this Judgment!

Aug 01 1989 (HC)

Parveen Singh Vs. Kanchana Devi

Court : Himachal Pradesh

Decided on : Aug-01-1989

Reported in : I(1990)DMC24

..... that a fact can be said to be established if it is proved by a preponderance of probabilities. this is for the reason that under the evidence act, section 3, a fact is said to be proved when the court either believes it to exist or considers its existence so probable that a prudent man ought, ..... truth of the issue'. per dixon, j. in wright v. wright, (1948) 77 clr 191 at p. 210; or as said by lord denning, 'the degree of probability depends on the subject-matter. in proportion as the offence is grave, so ought the proof to be clear. blyth v. blyth, 1966-1 all er ..... was not pregnant from him. she was having relations with the respondent (prabhat chand) as was clear from the letter.9. dr. a.r. dutta (pw 2) is the medical officer in civil hospital, nurpur. he states that he had examined the respondent on 28-12-1978 and issued o.p.d. slip ex. pw 3/a ..... dissolution of the marriage by a decree of divorce or in the alternative under section 10 of the hindu marriage act for the grant of judicial separation. the appellant has a grievance against this judgment, therefore, he assails it by way of this appeal.2. the facts, in brief, are that the marriage was solemnised between the ..... . according to his provisional diagnosis, the respondent was pregnant as per her history, i.e., stoppage of menstruation. he had examined her only externally, which does not give definite .....

Tag this Judgment!

Jul 24 1989 (HC)

Brestu Ram Vs. Anant Ram and ors.

Court : Himachal Pradesh

Decided on : Jul-24-1989

Reported in : I(1990)ACC67,1990ACJ333

..... for rs. 10,000/- but did not produce any evidence in the form of cash memos or certificate from the concerned doctor or chemist, but he definitely spent money in this connection. under this head, an amount of rs. 3,000/- is awarded. thus the total of all these amounts comes to ..... different heads, global amount of rs. 15,000/- is awarded although the latest trend of decisions show increase beyond rs. 25,000/-. so far as medical expenses are concerned, although the claimant has stated that he incurred expenditure on this account and purchased medicines, in addition to those he got free of cost ..... several uncertainties and imponderables involved. under the second head, the new burden of expenses to be incurred, as a result of the accident, the cost of medical expenses, if any, which the injured may be required to incur in future and his need of nursing and constant attendance and extra nourishment, if any, ..... left foot (that is forefoot amputation) was done and transmeta tarsal amputation of right foot was performed. he was discharged on june 4, 1977. he gave medical certificate (exh. pw 5/a) and opined that the injuries could be caused if the tyres of the vehicle crossed over the feet. as per the ..... the meaning and parameters of sufficient cause used in proviso to section 110-a (3) of the act.25. in hemalata devi v. s k. lokman 1973 acj 257 (orissa), the accident took place on 15.2.1969 and the claim petition was filed on 6.2.1970 as the claimant remained ill and was suffering from gout .....

Tag this Judgment!

Jun 07 1989 (HC)

Smt. Uma Devi and ors. Vs. Maharaja Sir Partap Singh and ors.

Court : Himachal Pradesh

Decided on : Jun-07-1989

Reported in : AIR1990HP62

..... constitutional provision, the hindu marriage act, 1955; the hindu succession act, 1956; the hindu minority and guardianship act 1956; and the hindu adoptions and maintenance act, 1956 have extended the application of these acts to all persons who can be regarded as hindus in this broad and comprehensive sense. section 2 of the hindu marrage act, for instance, provides that this act applies: (a)....... (b) ..... in the british india. the question was whether the amount could be treated to be income accruing to amrit kunwar in british india for purposes of section 4(2) of the income-tax act, 1922 which said that remittances received by a wife resident in british india were to be deemed to be income accruing to her inbritish india. a ..... younger sons, by which the many inconveniences, noticed in the practice, or rule established amongst the manjhee families, are obviated.'18. indra krishen submitted a thesis for the degree of doctor of philosophy in the university of the punjab, lahore. the subject was 'an historical interpretation of the correspondence of sir george russel clerk, political agent, ambala ..... .......dynamicform...... the constitution-makers were fully conscious of this broad and comprehensive character of hindu religion...... explanationii to article 25 has made it clear that in sub-section (b) of clause (2), the reference to hindus shall be construed as including a reference to persons professing the sikh, jaina or buddhist religion......' 31. the court then noticed (in .....

Tag this Judgment!

Apr 10 1989 (HC)

Himachal Road Transport Corporation Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Decided on : Apr-10-1989

Reported in : 1990CriLJ1156

..... a telephone pole and thereafter fell into the khud at about 3.45 p.m. this tragedy took away 13 lives and left 55 injured.3. the present case under section 279/337/ 338/304a of the indian penal code was initiated against the driver. after trial, the learned chief judicial magistrate, on 31-1-1986 acquitted the accused, but before ..... is enough to say that the petitioner feels aggrieved by these remarks; being hit and adversely affected in reputation and working zeal; so desires this court to exercise powers under section 482 of the code of criminal procedure read with article 227 of the constitution of india for expunction of these remarks in the interest of justice ..... .2. the facts, in brief, are that driver shri durga singh was a driver in bus no. hpm-650. on 11-7-1981, while driving this bus from mandi to gopalpur, ..... , a transport corporation constituted under the road transport corporation act, 1950, petitions through shri y. d. sandhya, its additional general manager (a. & ll), and appeals to expunge para 13 of the judgment passed by the learned chief judicial magistrate, mandi, in criminal case no. 1981/82 decided on 31-1-1986 under section 279/337/338/ 304a of the indian penal code .....

Tag this Judgment!

Jun 27 1989 (HC)

Bhagat Ram Vs. State of H.P.

Court : Himachal Pradesh

Decided on : Jun-27-1989

Reported in : 1989CriLJ2520

..... . 4). placed in such a situation, appellant resorted to inflicting blows or else he would have faced retaliation. however, as already said his act lacks that degree of criminality which imputes him knowledge as to consequences of section 304-ii of the ipc, as concluded by the learned sessions judge. all said and done, facts and evidence on the record, at the most, make ..... he remember the time the police came to him in connection with this case. he admits that in old age bones become fragile. he further states that he was not definite on the point that ulna bone at old age is likely to be fractured by slight violence. he further states that he could not say that injury no. 1 could ..... of which cannot be assessed precisely, looking to the ages of the deceased and the appellant. the medical opinion is also not clear, cogent and precise on this aspect. the medical experts admit that bones, at this age, become brittle and it cannot be stated definitely as to with what force they may get fractured.15a. the first information report has been recorded ..... is necessary to refer to the statements of prosecution witnesses.dr. jatinder kumar (p. w. 1) examined the deceased on 19-2-1982. on medical examination, the following injuries were found:1. lacerated wound on the middle of right arm on the medial aspect 2' x 1/2'. margin is red. bone coming out of the wound abnormal movement of the arm (compound fracture .....

Tag this Judgment!

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