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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: kerala Year: 1976 Page 1 of about 6 results (0.118 seconds)

Oct 06 1976 (HC)

Parasuraman and ors. Vs. Purushothaman and Co. and ors.

Court : Kerala

Decided on : Oct-06-1976

Reported in : AIR1977Ker132

..... courts. this is because of the diverse meanings given to the word joint contractors, occurring in sub-section (2) of section 20. this difference of opinion on the point has been well summarised in chitaley and rao's 'limitation act' at p. 635, vol. i of the 4th (1964) edition. we may extract that ..... operates against the person who makes the acknowledgment and those claiming under him, but subject to the provisions of sub-section (2) of section 20, a payment under section 19 saves limitation against all the persons who are liable for the debt. therefore can the payment by the 1st defendant ..... in the case.32. the learned counsel for the plaintiff-respondent then sought to rely for an extended period of limitation based on section 19 of the limitation act section 19 reads:'19. where payment on account of a debt or of interest on a legacy is made before the expiration of the ..... defendants. but the question is whether in the light of the circumstances revealed in the evidence and in the nature of the acknowledgment it could definitely be said or whether it could be inferred on the basis of probability that the 1st defendant was conducting the mill on behalf of the ..... applies to other fiduciaries as well-- guardians, personal representatives, receivers, agents, company directors and partners, though, perhaps, it applies to these with a lesser degree of intensity than it does to trustees.'30. we have earlier pointed out that in acknowledging the debt, the 1st defendant does not hold himself out .....

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Jun 18 1976 (HC)

Commissioner of Income-tax, Kerala Vs. India Pepper and Spice Trade As ...

Court : Kerala

Decided on : Jun-18-1976

Reported in : [1978]111ITR206(Ker)

..... is clear that if the advancement of an object of general public utility is connected or linked with an activity for profit, then, the particular charity must be outside the definition of section 2(15) and the profits arising out of that charity will not, therefore, be exempt from tax. the supreme court has dealt with various aspects in detail in the judgment ..... and 8 have dealt with the particular aspects which arose for consideration regarding the exemption claimed under section 11 of the act. we shall extract those paragraphs :'6. now it is necessary to see whether these objects satisfy the definition given in the income-tax act in section 2(15). where an object is a matter of general public utility, the object should not involve the ..... these references are concerned, in commissioner of income-tax v. indian chamber of commerce [1971] 80 itr 645 that :'in order to take an object of general public utility outside the scope of the definition in section 2(15) of the income-tax act, 1961, on ..... in these two decisions can briefly be summarised in this manner : the words occurring in section 2(15) of the act 'not involving the carrying on of any activity for profit' only qualified 'any other object of general public utility' and not 'relief of the poor, education and medical relief'. it was further held, and that is the more important aspect as far as .....

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Aug 18 1976 (HC)

Kunhamina Umma and ors. Vs. Special Tahsildar and ors.

Court : Kerala

Decided on : Aug-18-1976

Reported in : AIR1977Ker41

..... any kind of evidence, and there is nothing in the section to indicate that the evidence furnished by the registration certificate by virtue of sub-section (2) of section 60 of the registration act and by the presumption in illustration (e) of section 114 of the evidence act, is to be excluded.' we have no hesitation in ..... only to one son. after thirty years after the exe-cutee and executor are dead and also most of the persons who could have given definite evidence regarding the same out of the scene, we do not think that on such factors based on surmises and conjectures the court could invalidate ..... in the case of a gift inter vivos is the same as in the case of a contract. it is embodied in section 16 of the indian contract act. sub-section (1) of section 16 defines 'undue influence' in general terms. it provides that to constitute 'undue influence' two basic elements must be cumulatively ..... certificate as sufficient proof and, where better evidence is available, can insist on better evidence, drawing the presumption in illustration (g) of section 114 of the evidence act against the party who withholds this better evidence.xx xx xxwith great respect i think that the attempt made in indernath modi v. nand ..... would have given away all her properties to any one without leaving an inch of land in her possession. we do not find such a degree of improbability in the transaction to force us to hold that the lady would not have executed these documents, without other convincing evidence on the .....

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Jul 08 1976 (HC)

Vengalath Madathil Tavazhi Karnavan and anr. Vs. Thorekkat Kunhikrishn ...

Court : Kerala

Decided on : Jul-08-1976

Reported in : AIR1977Ker123

..... till the 31st december 1968. the kerala stay of eviction proceedings (amendment) act, 1969 (act 5 of 1969) which came into force on the 12th february 1969 extended act 9/1967 till the 31st day of december 1969. act 5 of 1969 also introduced section 2-b into the act which was in these terms:''2-b. certain persons who were holding land on or after 1st december ..... insists upon is possession till the date of commencement of the provision. the argument of course proceeds on the basis that by the terms of section 18-a retrospective operation has been given to the definition of the term 'tenant' in the act as also to those provisions in the statute which defined deemed tenants. it was submitted that the clear import of ..... the date of dispossession according to the new definitions introduced by the amending act of 1969 must get the benefit of those amended definitions and thus obtain recovery of possession. if this is the cardinal purpose behind the section, we think we have to read the section as providing the legal fiction that the new definitions introduced by act 35 of 1969 were available on the dates ..... in operation on the date of dispossession can it be said that there is justification for changing the terms of the definition or giving to the words of the section a meaning different from that conveyed by the words of the section. this we think cannot be done. the only thing that can be done is to give to the words of the .....

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Jul 07 1976 (HC)

P. C. Abraham Vs. Additional Collector of Customs, Customs House, Will ...

Court : Kerala

Decided on : Jul-07-1976

Reported in : (1976)5CTR(Ker)0293B

..... exceeding the market price of the goods which are sought to be smuggled or the smuggled goods, as the case may be.xxx'sub-section (2) of the section 115 thus makes it clear that unless the owner is in a position to show that the unlawful employment of the car was without ..... filed by the petitioner, although the statute provides for a right of appeal and then revision.4. i shall now refer to the relevant sections of the act. section 115(2) says :-'any conveyance or animal used as a means of transport in the smuggling of any goods or in the carriage of any ..... it would be unfortunate if it were thought that natural justice naver required such confrontation.'here one finds an echo of what lord atkin stated in general medical council vs. spakman (1943 a.c. 627) as regards the procedure relating to the closure of a school and that which concerns grave charges ..... circumstances of the case, the nature of inquiry, the rules under which the tribunal is acting, the subject-matter that is being dealt with, and so forth. accordingly, i do not derive much assistance from the definitions of natural justice which have been from time to time used, but, whatever standard is ..... adopted, one essential is that the person concerned should have a reasonable opportunity of presenting his case.'13. the question therefore is whether clause (c) of section 124 which provides for a .....

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Oct 05 1976 (HC)

Surendran Vs. State

Court : Kerala

Decided on : Oct-05-1976

Reported in : 1977CriLJ1197

..... injury could have been caused from his front. the doctor has stated that this injury could have been caused from behind if the victim was sitting straight. one injury is definitely on the back. it is not clear from the evidence whether it was from his side or from behind that this particular injury was inflicted. anyhow this aspect cannot in ..... in pursuance of an order passed by a learned judge of this court on the calendar as to why the appellant should not be convicted and sentenced under section 302, i. p. c.2. the occurrence in this case was at about 6 p. m. on july 15, 1974, and was from a bathing ghat on the southern side of a canal ..... the eyewitnesses should be rejected on these grounds or should not be accepted unless they are corroborated by other independent evidence. another attack against the prosecution case is that the medical evidence destroys the prosecution version, that it really supports and probabilises the version put forward by the appellant that it was at the hands of thampi that thankan sustained the ..... that after inflicting two stabs, the appellant pushed thampi into the canal and the doctor has deposed that this superficial injury could have been caused in the course of the act of pushing him into the canal. pointing out that the doctor has stated that the injury found on the chest of thankan was having cut margins, it was argued that .....

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