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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: kerala Year: 1983 Page 1 of about 14 results (0.084 seconds)

Feb 28 1983 (HC)

P.M. Unni Raja and ors. Vs. Principal, Medical College, Trivandrum and ...

Court : Kerala

Decided on : Feb-28-1983

Reported in : AIR1983Ker200

..... it has powers to review the action of the syndicate and the academic council as provided under the act. it has also various other powers that are outlined in section 19 (2) of the act. under section 19 (2) (i) the senate has the power to cancel any degrees, diplomas, title or any other distinction granted to any person in accordance with the provisions of the ..... of the proviso. in fact, at the time the proviso was added, the syndicate had before it the wide-ranging accusations of malpractices involved by students seeking admission to the medical colleges. the syndicate should have bestowed more attention in wording the proviso. on a close reading of the proviso, we feel that the petitioners are justified in contending that ..... showed some copies of the official mark lists though the counsel for the petitioners had serious objections about their acceptability. the petitioners are alleged to have secured admission in the medical college on the strength of these fake mark-lists, by so doing, they have denied admission to students who had in fact secured more marks than they if the ..... by the police on complaints from the university, against some of the petitioners. investigation followed. some of the petitioners were arrested and released on bail. the principal of the medical college suspended the petitioners from the classes. the university authorities suspended their results and debarred them from appearing in future examinations. this affords the background for the genesis to the .....

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Aug 17 1983 (HC)

Peter Thompson Vs. Mrs. Tresa Xavier and anr.

Court : Kerala

Decided on : Aug-17-1983

Reported in : AIR1984Ker35

..... proper test for insanity is not the beliefs that the person concerned may entertain but the conduct exhibited by that person.'8. the relevant provisions of the act, sections 62, 63, 40, 41 and 42 read thus:'62. power of district court to institute inquisition as to persons alleged to be lunatic. -- whenever ..... to file statements and lead evidence, if any. the court may also cause the 2nd respondent to be examined by a doctor and a fresh medical report may also be the result we allow the appeal, set aside the order of the lower court and direct the lower court to ..... examination. 42. rules respecting attendance, and examination of females' alleged to be lunatic.--the attendance and examination, of the alleged lunatic under the provisions of section 41, shall, if the alleged lunatic be a woman whom, according to the manners and customs of the country, ought not to be compelled to appear ..... appointing his brother's widow mrs. tresa xavier as his custodian and manager of his properties.2. mrs. tresa xavier -- to be referred hereafter as the petitioner -- filed an application under sections 62 and 63 of the act alleging that the second respondent herein, manayath thommen antony, has been insane for several years, ..... court directed the examination of the respondent by a doctor and the doctor was also examined as p. w. 1 and his medical certificate also marked. thereafter the court passed an order to the following effect :'examined p. w. 1 and filed ext. p1. for furnishing security 23 .....

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Dec 21 1983 (HC)

Kerala University, B. Com. Students Vs. University of Kerala and ors.

Court : Kerala

Decided on : Dec-21-1983

Reported in : AIR1984Ker217

..... senate shall have the power to cancel or amend any regulation in the manner laid down in clause (a) of sub-section (2) of section 19 of the act. if any regulation or an amendment or repeal thereof is not so laid down before the senate,the regulation or amendment shall lapse or the regulation repealed shall revive as ..... the case may be after the next succeeding meeting of the senate.'section 41 of the act provides that all statutes, ordinances and regulations made under the act shall be published in the gazette. the petitioners have no case that the introduction of the new syllabi is without the academic council ..... associations and student groups also have either got themselves impleaded in the writ petition or sent statements expressing their views in the mailer.2. the whole question centres round the introduction of the new syllabi for the 1st year b. com. degree course for the year 1983-84. it is the admitted case that the new syllabi came into effect only on ..... the procedure prescribed in the act and the statutes had been complied with, the introduction of the syllabi in the middle of the academic year is not justified and that it has caused great hardship to the students. the expression 'middle of the year' is used probably with reference to the definition given in chapter 1. star tute 2 of the university first .....

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Oct 10 1983 (HC)

Kerala Wakf Board and anr. Vs. State of Kerala and anr.

Court : Kerala

Decided on : Oct-10-1983

Reported in : AIR1984Ker57

..... act calls it: 'an act to provide for the better administration and supervision of wakfs.' the board of wakfs is established by the state government as ..... ) specifically says: '......... supersede theboard for such period as may be specified) in the notification,' this shows that the period must be precisely stated. clause (a) of sub-section (2) provides, that all the members of the board shall, as from the date of supersession, vacate their offices as such members, and clause (b) thereof provides that all the powers ..... special emphasis on the power of the government to supersede the board. the objects and reasons of the act are: 'the management of wakfs though it vests immediately in a mutawalli is a subject which requires the supervision of the state. .........,..' (gazette of india1952 part ii section 2, page 285 -- a.i.r. manual 3rd edn. vol. 21, page 549). the preamble of the ..... act reasonably. the last propositionis involved in the second, if not in the first. ....,..........'lord lindley in the same case observes (pages 439-440) :'where a person is authorised by statute or by the common law to do what, apart from such authority, would be unlawful, e.g., to commit a trespass, and the authority is conferred for some distinct and definite .....

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Oct 18 1983 (HC)

K.V. Mathew Vs. District Manager, Telephones, Ernakulam and anr.

Court : Kerala

Decided on : Oct-18-1983

Reported in : AIR1984Ker40

..... forth and so on, indicating that other things which can be inferred are included in the statement; usual additions.''etc.' therefore does not share the character of an inclusive definition and cannot therefore enlarge the scope of the expression, 'institution'. cinemas are not comprehended within the expression 'public institution' for the purpose of allotment of telephone.8. ..... the expression 'literary institutions'. lord herschell observed thus:--'it may be well to consider, first, what is the meaning of the word 'institutions' as used in the section. it is a word employed to express several different ideas. it is sometimes used in a sense in which the 'institution' cannot be said to consist of any ..... petitioner, admittedly has applied only under the non-oyt scheme. applications are registered under several categories and non-oyt special is one category consisting of'for doctors holding recognised degrees or diploma in any approved system of medicine, or surgery, qualified nurses and registered mid-wives.newspapers, journals and magazines, registered with registrar of newspapers, registered news agencies ..... as 'an establishment, organisation or association instituted for the promotion of some object especially one of public utility, religious, charitable, educational etc.'5. by an amendment dated 18-2-1980 (ext. r-1) public institutions are described thus by the department :--'public institutions: only those institutions run by public funds and for the benefit of general public .....

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Sep 23 1983 (HC)

P. Saina and ors. Vs. Konderi and ors.

Court : Kerala

Decided on : Sep-23-1983

Reported in : AIR1984Ker170

..... the peculiar conditions relating to the enforcement of well conceived municipal measures, it is the liberal view that has to be preferred and that the restricted view would be a definitely retrograde step.28. the aforesaid considerations impel me to recognise a citizen's right to institute a suit with a view to ensure effec-ive implementations of the municipal regulations ..... background, very convincing and clear evidence about the infraction of the rules is essential to direct demolition of the building. having regard to the facts mentioned above, such a degree of reassuring evidence is not available in the present case. in these circumstances, a disturbance of the judgment of the lower appellate court is not justified.the second appeal is ..... of the population and putting up of tenements without any plan and under unsanitary conditions'. slum clearance schemes were therefore conceived. and the kerala slums areas (improvement and clearance) act, 1980 (act 24 of 1981) has been passed. (the information is contained at pages 154 and 155 in the useful publication 'a digest of kerala laws 1981' prepared by the secretariat ..... can normally be treated as trivial. the principle underlying the litigation, however, is one of great importance. the cleavage of judicial opinion on the crucial issue is intense and sharp.2. the parties hail from the city of calicut. they own and possess adjacent plots, the plaintiff, the northern one and the defendant the southern. unikulan was admittedly the owner .....

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Aug 03 1983 (HC)

Mr. Karthiyayani and ors. Vs. Union of India (Uoi) and ors.

Court : Kerala

Decided on : Aug-03-1983

Reported in : (1984)ILLJ259Ker

..... .l.j. 777,20. in neither of the two cases referred to by counsel for the appellants is there a discussion as to whether teachers fall within the definition of section 2(s), industrial disputes act, on the basis of the nature of the work performed by them being manual, clerical, technical or supervisory. in the former case, it was argued that education being ..... that the petitioner therein was entitled to be an office-bearer of the union of railway employees. the question whether a teacher was a workman according to the definition contained in section 2(s), industrial disputes act, was not considered in that case either. we therefore hold in agreement with the observations of khalid, j., and bhat, j., that this decision is not ..... to dispense them properly and to exercise general vigilance in the proper dispensing of medicines. we do not therefore consider that these two persons of the medical staff, namely the doctor and the compounder, answer the definition of 'workman'.dealing with the question as to whether an assistant artist employed by an advertising concern to draw pictures as per the idea or ..... but even in the wider sense of comprehending work of predominantly physical exertions. there may, of course, be difference in the degree of physical exertion that is involved in teaching, just as much as there are such differences in the degree of intellectual exertions in the different stages of education, viz., pre-primary or kinder garden, elementary or primary school, secondary school .....

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Nov 07 1983 (HC)

Food Ispector Vs. K.S. Cyriac

Court : Kerala

Decided on : Nov-07-1983

Reported in : 1984CriLJ1487

..... interpretation of law that the trial court acquitted the accused and the accused has got a right of hearing on the question of sentence under sub-section (2) of section 248, cr.p.c. this case has -to go back to the trial the result this appeal is allowed, the order of ..... godown was not intended for sale. further this court in that decision considered and construed whether storing for export would come within the definition of sale under the act. there was clear evidence in that case that the tea stored in the godown was not for local sale or for sale anywhere in ..... vendor. we feel that any construction which would lead to such absurd result should be avoided while construing the provisions of the act. the precautions prescribed in section 11 of the act which have to be observed while taking samples are indeed adequate to prevent effectively any false sample being sent, to the public ..... clarification and simplification of the procedure in taking samples in certain cases avoiding the division of the sample into three equal parts as required in section 11 of the act.12. in state of punjab v. devinder kumar 1983 cri app r (sc) 306 : 1983 cri lj 980, the supreme court held ..... to check these social evils in the larger public interest, for ensuring public welfare. in certain cases the act provides for imposition of penalty without proof of a guilty mind. this shows the degree of concern exhibited by parliament in so far as public health is concerned. while construing such food laws .....

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Apr 13 1983 (HC)

In Re: Prison Reforms Enhancement of Wages of Prisoners Etc.

Court : Kerala

Decided on : Apr-13-1983

Reported in : AIR1983Ker261

..... offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.' we have adverted to these provisions with a definite purpose. whatever might have been the opinions held once upon a time on the right to exploit human labour, even the labour of prisoners undergoing ..... the jail canteen. he could even purchase remission from the wages so paid to him.9. it is evident that despite section 37 of the travancore-cochin prisons act 1950 no prisoner who is sentenced to simple imprisonment could be compelled to contribute labour. the stand taken in the statement by ..... and redirecting him into society as an honest citizen. reformative and rehabilitative approaches must have predominant influence in framing any prison policy. to some degree this is reflected in the prison rules. the provision in rule 384 of the kerala prison rules 1958 enables any prisoner to send to his ..... those sentenced to simple imprisonment, work is given only on the basis of their written request and subject to the physical fitness certified by the medical officer. evidently therefore the stand taken is that they are voluntarily rendering their services which they have no obligation to render. it is further ..... fair wages to a prisoner may be:1. the punishment would appear to be just, and fair and not as an exhibition of vindictiveness.2. there would be a possibility of the prisoner being rehabilitated on release.3. the severity of the resultant punishment on the dependants of the .....

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Sep 01 1983 (HC)

K. Govindan Vs. Dy. Registrar of Co-op. Societies, Cannanore and ors.

Court : Kerala

Decided on : Sep-01-1983

Reported in : AIR1984Ker26

..... government pleader contended that in so far as the election itself has been conducted, the proper remedy is to file an election petition under section 69 (2) (c) of the act read with the explanation thereto. counsel contended that the points raised in this o. p. are to be properly adjudicated in an election ..... 2481. it is stated that as many as 1300 persons were enrolled as new members after 15-7-1980. it is the petitioner's definite case that the committee in office had issued notice for general body meeting on 15-7-1980 in accordance with rule 2c of the cooperative societies ..... am of opinion, the breach or violation complained of, is 'fundamental' and if the parties are directed to pursue the statutory remedy provided by the act, it will be a dilatory process, which in the circumstances may even render the ultimate decision illusory and ineffectual. the fact thatin 'election matters', this ..... is true that normally in cases where the matter could be resolved by filing a petition raising an election dispute in the forum provided by the act, this court will not exercise the discretionary jurisdiction under article 226 of the constitution. but in cases where the parties have approached this court ..... to a situation, whereby the concerned authorities or the persons who participate in the elections acting in violation of the statutory command would be smug in the belief or an impression, that whatever be the degree or gravity of the violation or breach of the mandate of the law, once the .....

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