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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: himachal pradesh Year: 2001 Page 1 of about 12 results (0.028 seconds)

Nov 20 2001 (HC)

Kheti Ram and anr. Vs. State of H.P.

Court : Himachal Pradesh

Decided on : Nov-20-2001

Reported in : 2003CriLJ86

..... have intended to inflict the injuries which she sustained on account of his act and therefore, the offence was brought down from first degree murder to culpable homicide not amounting to murder. the conviction is altered from section 302, ipc to section 304, part ii, ipc. in kalinder bharik v. state of h. p., 2000 scc ..... circumstances of that case, the conviction of the accused was altered from murder to culpable homicide not amounting to murder and the accused was sentenced under section 304, part ii, ipc. in state of u. p. v. indrajeet alias sukhatha, 2000 scc (cri) 1338 : (2000 cri lj 4663), considering the ..... bottle but that circumstance by itself will not be a ground to disbelieve the positive and reliable evidence of the eye-witnesses corroborated by medical evidence that accused kheti ram struck a blow of bottle on the head of the deceased which was broken into pieces after strike. the ..... ordinary course of nature. the intention or knowledge of the accused can be gathered from their overt act when they threw chaman lal from a 'dhank' with all possibility that he would definitely die if injury inflicted upon him by striking the bottle on his head was not sufficient to cause ..... his death. to bring the offence committed by the accused within clause fourthly of section 300, ipc punishable under section 304, ipc mr. anup chitkara, learned .....

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Jan 12 2001 (HC)

Baldev Singh Rana Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Decided on : Jan-12-2001

Reported in : AIR2002HP41

..... appointed as demonstrator on march 16, 2000. 4. in july/august, 2000, the respondent no. 3-university issued a prospectus for admission to post graduate degree (md/ ms) in different subjects/disciplines in indira gandhi medical college, shimla, clause 3.6 of the prospectus laid down conditions for in-service candidates. the said clause read as under: '3.6 to qualify ..... his past services in army could be considered. his application was duly forwarded. he was interviewed, selected and appointed. the respondent-authorities now cannot contend that for admission to pg degree/diploma courses, his past services could not be considered and the doctrine ofpromissory estoppel would apply. 23. we are unable to uphold contention of mr. dogra. as stated in ..... called deeming provision. the petition, hence, is liable to be dismissed. 11. the question for our consideration, therefore, is whether by not treating the petitioner eligible for post-graduate degree/ diploma course, any illegality has been committed by the respondents. the argument of mr. dogra is that in accordance with the provisions of statutory rules of 1985, services of ex ..... union medical agency, (1981) 1 scc 51 : (air 1981 sc 1) state of maharashtra v. laljlt rajshi shah, (2000) 2 scc 699 : (air 2000 sc 937). 18. in maganlal v. jaiswal industries, neemach, (1989) 4 scc 344 : (air 1989 sc 2113) an order for sale passed under the state financial corporations act, 1981, was treated to be decree under subsection (8) of section 32 .....

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Jan 11 2001 (HC)

Rakesh Kumar and ors. Vs. National Hydro Electric Power Corporation an ...

Court : Himachal Pradesh

Decided on : Jan-11-2001

Reported in : AIR2002HP70

..... of the employees directly employed by him and also in respect of the employees employed by or through a contractor, and also administrative charges. as per the definition of 'employee' under the section 2(f) of the act, any person employed by or through a contractor is also an employee, as such, there is no distinction between the employees directly employed by the employer ..... of india that issuance of separate e. p. f. code numbers to the contractors is in violation of section 6 of the act and para 30(3) of the scheme is correct or not.16. the word 'employer' is defined in section 2(e) of the act. it is :--'employer' means--(i) in relation to an establishment which is a factory, the owner or occupier ..... . p. f. code number allotted to him by the regional provident fund commissioner and also the licence obtained under the contract labour (regulation and abolition) act, 1970. referring to section 8-a of the act and paragraphs 30(2) and 36-b of the scheme it is further asserted that the contractors also owe responsibility/duty to recover and deposit with the principal employer ..... a deceased owner or occupier and, where a person has been named as a manager of the factory under clause (f) of sub-section (1) of section 7 of the factories act. 1948 (63 of 1948), the person so named; and(ii) in relation to any other establishment, the person who, or the authority which, has the ultimate control over the affairs of the .....

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Oct 19 2001 (HC)

Navneet Kumar Vs. Meena Kumari

Court : Himachal Pradesh

Decided on : Oct-19-2001

Reported in : AIR2002HP16

..... parties has been dissolved. respondent-wife filed a petition for dissolution of marriage by a decree of divorce under section 13 (1) (i-a) of the hindu marriage act, 1955. hereafter referred to as the 'act'. 2. admitted case of the parties is that they were married as per hindu rites and customs on 18- ..... have been taken as an additional circumstance keeping in view the over all facts while coming to the conclusion that matrimonial cruelty under section 13 (l)(i-a) of the act can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it ..... there has been marked change in the life around us. in matrimonial duties and responsibilities in particular, we find a sea change. they are of varying degrees from house to house or person to person. therefore, when a spouse makes complaint about the treatment of cruelty by the partner in life or relations ..... mental or physical, intentional or unintentional. if it is physical, the court will have no problem to determine it. it is a question of fact and degree. if it is mental the problem present difficulty. first. the enquiry must, begin as to the nature of the cruel treatment. second, the impact of ..... the conduct complained of. such is the wonderful/realm of cruelty. 9. a new dimension has been given to the concept of cruelty. explanation to section 498 a provides that any wilful conduct which is of such a nature as is likely to drive a woman to commit suicide would constitute cruelty. such .....

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Jan 12 2001 (HC)

Rattan Chand and anr. Vs. State of H.P.

Court : Himachal Pradesh

Decided on : Jan-12-2001

Reported in : 2002CriLJ1598

..... . 'dandas' exts.pl to p5. there must be a cause for sustaining these incised wounds by the deceased. since these injuries cannot be caused by beating with blunt weapon, therefore, definitely there was some other cause which led to the' sustaining of the injuries by the deceased.35. it may also be pointed out that the fatal injury had been sustained ..... records.17. the learned sessions judge has convicted the accused persons on the following evidence :(i) eye account of the occurrence as given by pw1 khushi ram and pw 2 saroj devi;(ii) medical evidence and experts opinion, i.e. statement of pw 12 dr. v.k. misra read with post mortem report ext. pw 12/a, mlc ext.pw12/c and the ..... -charge of police station, bangana submitted the charge-sheet against the accused persons against whom the learned sessions judge framed a charge under sections 148, 149, section 452 read with section 149, section 302 read with section 149 and section 325 read with section 149 of the indian penal code to which the accused pleaded not guilty.12. to prove the charge against the accused, prosecution examined ..... the police in his presence. unless the disclosure statement is proved, the consequential recovery at the instance of the accused is not covered within the frame work of section 27 of the indian evidence act. to be admissible, the discovery of the fact must be preceded by a disclosure statement or information given by the accused which has not been proved in .....

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Jan 05 2001 (HC)

New India Assurance Co. Ltd. Vs. Prem Lata and ors.

Court : Himachal Pradesh

Decided on : Jan-05-2001

Reported in : 2001ACJ1111

..... can drive scooter without having licence for it either independently or endorsement thereon. the relevant provisions of the act are sub-sections (10), (11), (26), (27) and (28) of section 2, section 3, sub-sections (1) to (3) of section 9, sections 10 and 11 of the act. these are:2. definitions.-in this act, unless the context otherwise requires,-xxx xxx xxx(10) 'driving licence' means the licence issued by a ..... competent authority under chapter ii authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a ..... a source of danger to the public; and the licensing authority may, for that purpose, require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8:provided further that where the application is for a driving licence to drive a motor vehicle (not being a transport .....

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Nov 13 2001 (HC)

Kokla Devi Vs. Chet Ram and anr.

Court : Himachal Pradesh

Decided on : Nov-13-2001

Reported in : I(2002)ACC650,2002ACJ650

..... the traffic offenders.(4) therefore, the proposed legislation has been prepared in the light of the above background. the bill, inter alia, provides for-(a) modification and amplification of certain definitions of new type of vehicles;(b) simplification of procedure for the grant of driving licences;(c) putting restrictions on the alteration of vehicles;(d) certain exemptions for vehicles running on ..... tribunals justice oriented with a view to achieve the object of providing expeditious compensation.17. as a step-in aid in the direction of achieving the above object of the act, section 163-a and second schedule were added along with other provisions.18. now before considering the respective submissions, evidence examined by the parties in this case also need to be ..... negligence being established. this was an exception to the general rule based on torts providing for payment of compensation as per chapter xii of the act, i.e., under section 168 of the act.11. for ready reference sections 163-a as well as 163-b are reproduced herein-below which are as under:163-a. special provisions as to payment of compensation on ..... legal heirs or the victim as the case may be.explanation.-for the purposes of this sub-section, 'permanent disability' shall have the same meaning and extent as in the workmen's compensation act, 1923 (8 of 1923).(2) in any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or permanent disablement .....

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Dec 14 2001 (HC)

Ravish Kumar Vs. State of H.P.

Court : Himachal Pradesh

Decided on : Dec-14-2001

Reported in : 2002CriLJ1760

..... court. learned assistant advocate general admits having received copy of such affidavit. in the facts and circumstances, i direct that immediately on the arrest of the applicant he shall be medically examined by a team of two doctors and shall be continued to be so examined everyday till he remains in police custody. the petitioner shall be at liberty to approach ..... often interrogation in such a condition would reduce to a mere ritual. the argument that the custodial interrogation is fraught with the danger of the person being subjected to third degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. the court has to presume that responsible police officers would ..... that the story putforth by the police was improbable. the complaint was filed by the father of the deceased after three months of the alleged occurrence and there was no medical evidence on record regarding the death of the deceased.18. in molak ram the learned judge, taking into consideration several factors which should weigh with the court while considering the ..... that it can secure incriminating material from information likely to be received from the offender under section 27 of the evidence act. repelling the contention, the constitution bench observed that while giving relief under section 438(1) of the code appropriate conditions can be imposed under section 438(2) so as to ensure an uninterupted investigation. 'one of such conditions can even be that in .....

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Nov 29 2001 (HC)

Chitru Devi Vs. Smt. Ram Dei and ors.

Court : Himachal Pradesh

Decided on : Nov-29-2001

Reported in : AIR2002HP59

..... a division bench of nagpur high court said that entry in the birth and death register was no doubt a document within the meaning of section 35 of the evidence act and was therefore, relevant and has evidentiary value, but this does not mean that each and every entry made in that register is admissible in ..... admissible.18. in state of bihar v. radha krishna singh (1983) 3 scc 118 : (air 1983 sc 684), it has been said that section 35 of the evidence act requires the following conditions to be fulfilled before a document can be admissible under it :(1) the document must be in the nature of an entry ..... defendants.16. the contention of mr. prem goel, learned counsel for the plaintiff that document ext. px can be read as admissible evidence under section 90 of the indian evidence act, 1872. as it is more than 30 years old cannot be accepted as the plaintiff has failed to prove that the said document was ..... dd. de and df and death certificate of smt. tap dassi ext. dh issued by the district registrar. birth and death of the chief medical officer, kullu and these documents clearly prove that smt. tap dassi was the wife of teku. in copy of birth certificate mark ext. adw2 ..... grand-mother of defendants suit. sheela and smt. dharma daughters of sidhi singh get mutation no. 4361 attested and sanctioned in her favour; in favour of defendants 2 & 3 and the plaintiff and defendant no. 4 in connivance with revenue officials claiming herself to be widow of teku. it was stated by the plaintiff that .....

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Sep 18 2001 (HC)

Jagarnath and ors. Vs. Kullu Municipal Committee and ors.

Court : Himachal Pradesh

Decided on : Sep-18-2001

Reported in : II(2002)ACC220

..... the time being in charge of the building may exercise the powers conferred on a magistrate by this sub-section.(2) no person shall be liable to pay damages for any act done by him under sub-section (1) in good faith.(3) any damage done in the exercise of a power conferred or a ..... is reposed to exercise that power when called upon to do so.43. in our view the word 'may' used in section 93 in punjab act (supra) and in section 90 of h.p. act of 1968 (supra) is to be construed as 'compulsory' looking to its object of effecting rights of the residents. how ..... their coffers, even as human rights under part iii of the constitution have to be respected by the state regardless of budgetary provision. likewise, section 123 of the act has no saying clause when the municipal council is penniless. otherwise, a profligate statutory body or pachydermic governmental agency may legally defy duties under ..... not that the facts are wrong but that the law is not right because the municipal funds being insufficient it cannot carry out the duties under section 123 of the act. this 'alibi' made us issue notice to the state which is now represented by counsel, mr. gambhir, before us. the plea of ..... government, there was no need for maintaining fire fighting equipment, etc. looking to the nature of the obligation cast under section 93 of punjab municipal act (supra) or under section 90 of h.p. act, 1968 (supra), it cannot be said by any stretch of imagination that the duty cast upon the defendants was directory, .....

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