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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: kerala Year: 1973 Page 1 of about 6 results (0.052 seconds)

Feb 09 1973 (HC)

Beeravu and ors. Vs. Kathiymma and ors.

Court : Kerala

Decided on : Feb-09-1973

Reported in : AIR1973Ker226

..... and which according to me is substantial. new terms had been incorporated in the limitation act. 1963 in the definition section. i am referring to sections 2 (a) and 2 (b). section 2 (a) defines the term 'applicant' and that includes a petitioner and section 2 (b) defines the term 'application' and that includes a petition-apparently this may ..... that article. these words of limitation were 'under the code of civil procedure'. if, by reason of reading thecorresponding article 137 along with the definition of the term 'application', there is no scope to read into the article any restriction or limitation, that is the end of the matter. ..... is to provide a period of limitation for original petitions and applications under special laws as there is no such provision now. consequential alterations in the definition of the word 'applicant' should also be made'.though the law commission suggested 'application' to be defined as including 'petitions, original or otherwise' ..... motion made to a court seeking to invoke its inherent powers would not be limited by a period of limitation prescribed under the limitation act.4. section 151 of the code of civil procedure saves the inherent power of the court. it says-'nothing in this code shall be deemed ..... has a duty to exercise. it is true that the party may remind the court that it should so exercise it. true that the degree of compulsion on the court may vary depending on the circumstances. as i have pointed out earlier, the duty may be very heavy when .....

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Jan 05 1973 (HC)

V.P. Syed Mohammed Vs. Assistant Collector of Central Excise

Court : Kerala

Decided on : Jan-05-1973

Reported in : 1973CriLJ1551

..... seized are goods enumerated in sub-section (2) of section 123 that the presumption under section 123(1) can arise. in pukhraj v. d. r. kohli, : 1983(13)elt1360(sc) gajendragadkar, j., referring to section 178-a of the sea customs act, which corresponds to section 123(1) of the customs act, has observed as follows:-section 178-a of the sea customs act places the burden of proving that ..... orderk. bhaskaran, j.1. this criminal revision is by the accused who has been convicted under section 135(b) of the customs act and section 85 (ii) of the gold control act, and sentenced to pay a fine of rs. 500/- under section 135(b) of the customs act, in default to undergo simple imprisonment for six months, no separate sentence having been awarded for the offence under ..... seized under the provisions of the sea customs act in the reasonable belief that they are smuggled goods.the emphasis here with respect to burden of proof is on smuggled goods, not on goods. the prosecution, in terms of section 123, has to prove that the goods seized are something referable to sub-section (2) of that section. then, and then alone, the burden shifts ..... gazette specify.on a proper analysis it can be found that the following conditions are to be satisfied for the presumption under section 123(1) to arise: (1) there should be a seizure under the provisions of the customs act; (2) the seizure must have been from the possession of the person proceeded against; (3) the seizure must have been in the reasonable .....

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Jan 29 1973 (HC)

K.L. Mathew and anr. Vs. Union of India (Uoi) and anr.

Court : Kerala

Decided on : Jan-29-1973

Reported in : AIR1974Ker4

..... of such imported raw material through a specialised agency. on import the imported item has to be distributed to the actual users following certain definite non-discriminatory principles. an actual user may be denied allotment only if he comes under clause 8 of the order. the import policy statement ..... the import trade control policy in respect of this item was stated in the book import trade control policy commonly called the 'red book' in section 3 of that book under the heading 'list of items the import of which is canalised through the state trading agencies' cashewnut is included and ..... under article 226 and seek for appropriate directions or orders.12. the contention that the 2nd respondent is a company registered under the companies act and therefore is not a public authority amenable to the writ jurisdiction is unsustainable in the light of what has been stated above regarding ..... thp state trading corporation ltd. controls the 2nd respondent and the former is controlled by the central government. under the import and export control act and import control order the government have undertaken to discharge certain duties in the matter of import of cashewnuts and its distribution on withdrawing the ..... 2nd respondent. so that, in the discharge of this duty of allotment of imported raw cashew-nuts respondents 1 and 2 have to conform to the import and export control act, import control order and the policy statement. that being so, if there is a violation of the provisions in the .....

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Feb 28 1973 (HC)

John Manjooran Vs. C.M. Stephen and ors.

Court : Kerala

Decided on : Feb-28-1973

Reported in : 1973CriLJ1722

..... h not examined in full in chief and also allowed to be cross-examined, that evidence cannot be considered except in the circumstances mentioned in section 33 of the evidence act. the observation in phani bhusan v. sibakali basu. : air1952cal218 is to the effect thatunless examination of a witness is complete, that is to ..... brother sri. john manjooran, claiming to be the legal representative of the deceased, and the general secretary of the kerala socialist party.2. section 499. ipc and exceptions 1 and 9 to that section read as follows:-499. whoever, by words either spoken or intended to be read, or by signs or by visible representations, ..... of the words used but also of the context in which they were used, in order to find the intention and the effect of the words. ii the court would accept instead of the words and the context, the 'impression left on the minds of the witnesses' it will be yielding its ..... also the objective of the k. s.p. he has also emphatically denied the allegation that he received salary from the marxist communist party. pws. 2 and 3 have deposed that they had listened the speech in the course of which the first accused made the impugned imputation. pws. 4 and 5 ..... imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.explanation 2. - it may amount to defamation to make an imputation., concerning a company or an association or collection of persons as such.explanation 3, - an .....

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Dec 17 1973 (HC)

Michael A. Kallivayalil Vs. Commissioner of Income-tax

Court : Kerala

Decided on : Dec-17-1973

Reported in : [1976]102ITR202(Ker)

..... realm of trade or adventures of that nature. in my opinion, it is because of the character of such transactions that it can be said with additional definiteness that certain profits are income from trade and not capital accretion of an investment, the purchase and sale of, for instance, whisky, as in fraser's ..... a company or a firm thus deals with land as a land-owner.' this is an extract from the passage in the commentaries to section 4 of the income-tax act, 1961, by kanga and palkhivala and the cases cited support the statement. the assessee, if he wanted to retain the estate that he ..... the commodity purchased plays an important role in deciding whether a person was indulging in an adventure in the nature of trade or was making an investment, (2) whether the transaction was an isolated one or formed part of a series of transactions showing a tendency to indulge in trade is another important factor, (3 ..... estate was sold away as per agreement dated june 8, 1959, but negotiations for the sale had commenced in january, 1959, and an advance of rs. 2 lakhs had been received by february, 1959. no clearer evidence is required to show that the transaction of purchase of yendayar estate and sale of part thereof ..... the sale of elangad estate by the assessee represented an adventure in the nature of trade resulting in a taxable profit of rs. 1,70,175 ?'2. we may add that the assessee wanted the following question also to be referred to this court:'whether, on the facts and circumstances of the case .....

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Jul 09 1973 (HC)

State of Kerala Vs. Chandran and ors.

Court : Kerala

Decided on : Jul-09-1973

Reported in : 1974CriLJ52

..... cost;provided that, in the case of a trial by jury, or with the aid of assessors the judge shall not act under this section unless such jury or assessors are also allowed a view under section 293.local inspection can be made on the application of parties or even suo motu. but it can only be for ..... is that by lifting both his hands the first accused who was standing near bava's head gave a blow on his forehead with a stick. the medical evidence was that if bava was lying on his back and the first accused gave him a blow in the manner stated by the prosecution the chances ..... purpose of properly appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection.(2) such memorandum shall form part of the record of the case. if the public prosecutor, complainant or accused so desires, a copy of the memorandum shall ..... found at the local inspection, held in the presence of both sides and after due notice to them that the scene of occurrence was about 21 1/2' lower in level than the ground near the tea-shop and in between there are two coconut plants and one coconut tree. while it is true that ..... to check stealing of coconuts which usually takes place only in the night, he would have come to the property in the noon to guard against theft. accused 2, 3, 5 and 6 are said to have fisted bava indiscriminately with hands. there was no corresponding contusion on his body. there were abrasions on several .....

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