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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: kerala Year: 1969 Page 1 of about 10 results (0.054 seconds)

Apr 03 1969 (HC)

The Manager, Harrisons and Crosfield Ltd., Quilon Vs. the Manager, Gra ...

Court : Kerala

Decided on : Apr-03-1969

Reported in : AIR1970Ker194; (1970)ILLJ453Ker

..... being wider in its content and amplitude should include the same. 4. in our view the definition of 'wages' in section 2, sub-section (22) of the employees' state insurance act does not afford any guidance to interpret section 2, sub-section (9) of the act. the fact that in the definition of 'wages' employees' contribution to provident fund is excluded does not follow that the expression ..... is agreed that if the employer's contribution is not included in the term 'remuneration' the employees will not be excluded from the definition of 'employee' in section 2, sub-section (9) of the employees' state insurance act. 2. the employees' state insurance court, quilon took the view that the employees whose contributions are in dispute are persons employed on a ..... to become members of the fund, and it is also compulsory for the employees to obey it. the object of the employees' state insurance act is to ensure sickness, maternity, disablement and medical benefits to employees of factories and establishments of a particular category and dependants' benefits to their dependants. on a plain interpretation of the provision ..... we have no hesitation to hold that the contention advanced on behalf of the appellants is without substance. 5. we shall now examine the employees' provident funds act, 1952 and .....

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Sep 19 1969 (HC)

V. Rev. Mother Provincial, Congregation of Mother of Carmel, Carmelite ...

Court : Kerala

Decided on : Sep-19-1969

Reported in : AIR1970Ker196

..... by direct recruitment on the basis of merit and all such appointments are to be reported to the university for recognition which, in the light of the definition of 'recognised teacher in section 2 (17) of the act, means, for approval. before any such appointment is made, the post is to be advertised in such manner as may be prescribed by the statutes.appointments ..... in the counter-affidavits of the respondents which it is unnecessary to detail, but which it is a matter of common knowledge do exist in smaller or greater degree. the provisions of the section are similar to provisions for probation and confirmation in the rules for government servants, and we are satisfied that they only ensure that security of tenure essential for ..... proved unfitness, even if it be due only to incompetence, is a proper ground for what is commonly known as disciplinary action. it is really only a question of degree--a greater degree of incompetence will ordinarily be required for a removal. in the one case, the teacher has to prove his fitness; in the other, it has to be proved that ..... service rules of the state. seniority-cum-fitness means that due and equal regard should be paid both to seniority and to fitness, and, since fitness is a matter of degree, it would appear that a senior person can be overlooked in favour of a junior who is demonstrably more fit for the appointment than he is. we also think that .....

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Jan 17 1969 (HC)

P.D. Palakattumala Devaswom, Represented by the Secy. Travancore Devas ...

Court : Kerala

Decided on : Jan-17-1969

Reported in : AIR1970Ker30

..... in which the award is made is to be deemed to be a suit because under the definition in section 2 clause (2) of the code a decree is made in a suit, any more than it follows that because under section 26 of the code a suit is instituted by the presentation of a plaint, a reference by ..... (air 1922 pc 80), but, it must be confessed, not without slurring over the requirement in the definition of a decree in section 2(2) of the code that the adjudication must be in a suit, and the requirement in section 26 that 'every suit shall be instituted by the presentation of a plaint or in such other manner ..... the change in the definition of, 'decree' necessitating that the adjudication must be in a suit, did not alter the position.there is the further difficulty that a subordinate judge appointed to perform the functions of the court under section 3(d) of the central act or under section 3 (c-2) of the travancore act (as amended by the ..... within the meaning of the code were decisions in appeal rendered at a time when, by definition, a decision in appeal was a decree within the meaning of the ..... of justice to enforce a demand', at a time when the code contained no provision like section 26. and by presenting a nelson's eye to the circumstance that the decisions which secretary of state v. c. rama rao, air 1916 pc 21 and ilr 45 mad 320 = (air 1922 pc 80), said were decrees .....

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Apr 02 1969 (HC)

P.S. Menon Vs. State of Kerala and ors.

Court : Kerala

Decided on : Apr-02-1969

Reported in : AIR1970Ker165

..... to serve in connection with the affairs of the principal successor state to the madras state, which is madras state itself as defined in section 2(m) of the act. orders were however passed under sub-section (2) of section 115 of the act by the central government requiring the petitioners to serve provisionally in connection with the affairs of the kerala state. orders have also been ..... extraordinary jurisdiction of this hon'ble court under article 226. further representation and appeal to the central government through the state government is ineffective and illusory in view of the definite prejudicial stand they have taken and final orders passed on the prior representations and appeals.' 76. in the above circumstances we are not satisfied that there has been any denial ..... altogether. the present incumbents of the posts of district magistrates were holding executive posts before the separation of the judiciary. one of them it appears, does not possess a law degree. in madras, on the other hand the district magistrates were borne on the cadre of sub judges. any attempt, therefore, to equate the posts of district magistrates (judicial) in ..... court on the administrative side expressed the view that these persons cannot be integrated with the members of the civil judiciary. some of them did not possess even a law degree. the state government therefore reviewed their decision embodied in ext. p7 in o. p. no. 2979 of 1966 dated 27-5-1958 that these persons should be integrated with .....

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Dec 03 1969 (HC)

Bharat Plywood and Timber Products Private Ltd. Vs. Kerala State Elect ...

Court : Kerala

Decided on : Dec-03-1969

Reported in : AIR1972Ker47

..... reassessment and those in respect of the remaining years to the original assessment itself. the challenge made is on the basis that section 2(18) read with section 2(41) and section 104 read with section 108 of the act and the provisions of the finance act, 1964 (5 of 1964), authorising levy of super-tax at a rate higher than 25 per cent, of the total income ..... no economic or financial justification, that is, no justification from the point of view of public finance. the constitution of a company is irrelevant for tax purposes. the definition of ' relative ' in the act is arbitrary. if the object of the classification is to prevent accumulation of profits and tax avoidance, that can be achieved better by other means of legislation. in ..... balance of the fund in the character of capital by putting the company into liquidation. ' 11. the section prevents the evasion of tax by, among others, the means mentioned by simon.12. it is true that when section 23a was in the predecessor act, there was no definition there of the word ' relative ' as meaning husband, wife, brother or sister or any lineal ascendant ..... or descendant of an individual in relation to him or her. but that cannot make any difference. the definition of ' relative ' as it is now given in the present act is natural. in the case of such relative, it is only natural to assume that, on account of the close relationship, he or she would .....

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Mar 25 1969 (HC)

P.B. Kader and ors. Vs. Thatchamma and ors.

Court : Kerala

Decided on : Mar-25-1969

Reported in : AIR1970Ker241

..... paragraph. 10. and what is stranger still, allthe three plaints allege not the pain and suffering of the deceased which alone are compensable under section 2 of the act but 'thegreat mental pain and shock due to thistragedy' to the plaintiffs for which there isno remedy except words of sympathy. theobservation of the ..... head provided for in section 2 of the act. 16. the act contemplates not merely the award of a gross sum by way of compensation payable by the defendant, but also its division among the ..... that 'the plaintiffs have claimed inall these cases a further amount of rs. 5000/-for the value of pain and suffering for eachparty under section 2 of the act' is eitherambiguous or a misreading of the averments.we disallow the award of rs. 1,000/- each,made by the trial court under the ..... , brothers and sisters are not entitled to rank as dependants, although in england, the mother country (i mean, of the statute), by section 2 of the fatal accidents act, 1959, brother, sister, uncle and aunt of the deceased and the issue of such relatives have been inducted into the area of statutory dependency ..... a question which has to be resolved on the specific facts and circumstances of each case, the broad guidelines of judicial pronouncements being helpful only to a limited degree. in waldon v. war office, 1 956-1 wlr 51 singleton, l. j., observed: 'one point of law is raised, mr. gerald gardincr .....

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Jan 24 1969 (HC)

Marggarate Maria Pulparampil Nee Feldman Vs. Dr. Chacko Pulparampil an ...

Court : Kerala

Decided on : Jan-24-1969

Reported in : AIR1970Ker1

..... another country on the basis of nationality or on the basis of domicil (whether according to english case law or according to a less exacting definition) should be recognised as valid in england. also it the law of the other country concerned enables a wife living apart from her husband ..... mrs. sara dorine ramanathan v. swamynathan ramanathan, reported in 1961-39 mys lj 189 in about the ambit and scope of section 25 of the guardians and wards act, and file case cannot he an authority for the limitations of our inherent jurisdiction as parens patriae. the other cases cited by ..... the return to a writ of habeas corpus, and the custody awarded to the proper person' the supreme court continued to observe as follows: 'section 491 is expressly concerned with direction of the nature of a habeas corpus. the english principles applicable to the issue of a writ of habeas corpus ..... was quoted with approval by the supreme court of india in gohar begum v. suggi begum, reported in air 1960 sc 93 a case under section 491 of the code of criminal procedure. after extracting the above passage and after also referring to halsbury's laws of england, vol. ix, ..... petitioner represented by the lawyer dr. poppinghaus, hamm and the medical assistant officer dr. med margret, pulparambil nee feldmann of hamm, grunstrabe, respondent represented by the lawyer muller and baub, hamm -- appeared today. 1. the petitioner and the lawyer pop-pinehaus. 2. the defendant (respondent) and the lawyer muller. the parties .....

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Apr 03 1969 (HC)

Sanku Sreedharan Kottukallil Veettil Konathadi Kara Vs. State of Keral ...

Court : Kerala

Decided on : Apr-03-1969

Reported in : AIR1970Ker98; 1970CriLJ688

..... are combined in one expression. this analysis of an offence into its three component elements is well exemplified by the definition of, 'culpable homicide' in section 299.'299. culpable homicide:-- whoever, causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause ..... and cited the passage from the judgment of lord chief justice goddard quoted earlier.42. the above decisions make it clear that the requirement of a higher degree of mens rea, namely, an intention to kill, and nothing short of that, is a special feature of english law in regard to the offence of ..... in cassidy's case, (1867) 4 bom hcr cri 17 it postulates a higher degree of attempt than section 511 does so that there can be an attempt to murder which does not come within section 307 but nevertheless comes within section 511, not being excluded therefrom by the words 'where no express provision is made by ..... cause the effect; still higher it would be reasonable to infer that he knew that he was likely to cause it; and if the degree of probability is so high that the effect may be described not merely as a probable but as a natural, natural in the sense ordinary result ..... 1. (a sharp, pointed knife with a blade five inches from his waist and stabbed pws. 1 and 2 with it one after the other. the stab on pw 1 was in the abdomen, and, as the medical evidence shows, it penetrated the abdominal cavity, cut the small intestines in as many as four places, and .....

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Dec 18 1969 (HC)

Commissioner of Agricultural Income-tax, Kerala Vs. Abdul Sathar Haji ...

Court : Kerala

Decided on : Dec-18-1969

Reported in : [1971]81ITR230(Ker)

..... chief justice observed further, any charity which was intended for the relief of the poor relatives of the settlor or donor was not a charity falling within the definition of the indian income-tax act. the learned chief justice again observed that, where the primary purpose of the settlor was to benefit the member sof his family and only remotely and indirectly ..... case of property so held in part only for such purposes, the income applied thereto.'there is no explanation to this sub-section which is in these terms :'in this section charitable purposes includes relief of the poor, education, medical relief and the advancement of any other object of general publicity utility'.these reference came up before this court on a previous occasion ..... the augmented portion will also be utilised for purposes mentioned in paragraph 8. thus, the last quarter does not also constitute a public charitable trust.our answers to question nos. 2 and 3 are in the negative, against the assessee; our answer to question no. 6 is also in the negative, namely, that the dominant purpose of the trust deed is ..... of utilisation of half of the income for the properties in question on the descendants of the settlor or the payment is contingent upon the descendants being in financial distress ?(2) whether utilisation of half of the income on the descendants is, in the circumstances of the case, a charitable purpose which enures for the benefit of the public (3) whether .....

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Apr 03 1969 (HC)

Ramakrishna Panicker and anr. Vs. State of Kerala

Court : Kerala

Decided on : Apr-03-1969

Reported in : AIR1971Ker18; 1971CriLJ57

..... as could have been imposed for the offence by a magistrate of the first class that is because the second or third class magistrate could have acted under section 349 of the criminal procedure code in which case the accused could have been awarded a sentence which a first class magistrate was competent to award for the ..... towards the 1st accused who, thereupon, stabbed p. w. 1 on the right side of the chest causing, as the medical evidence shows, an incised wound 1' x 1/2' penetrating the pleural cavity. (the medical evidence also shows that, in addition to this, p. w. 1 suffered seven contusions of various sizes all over his body ..... should not be altered to become one under section 307, indian penal code and/or sentence enhanced'.2. it is the admitted case that the accused, who are supporters of the communist party, were on bad terms with p. w ..... of rs. 75/- with a default sentence of two months rigorous imprisonment. the learned judge was of the view that section 34 of the indian penal code was not attracted. accused 1 and 2 have come up in revision while in calendar revision, notice was issued to them to show cause 'why the conviction ..... p. ws. 1 and 6 as true, and we see no ground whatsoever for interference in revision with their appreciation of the evidence. that p. ws. 2, 3 and 5 who were also examined as eye-witnesses did not support the prosecution case in full, that p. w. 6 was not a witness .....

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