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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: kerala Year: 1986 Page 3 of about 31 results (0.156 seconds)

Oct 10 1986 (HC)

George Thomas Vs. State of Kerala and anr.

Court : Kerala

Decided on : Oct-10-1986

Reported in : 1987CriLJ1311

..... contained therein. the mere fact that ext.p8 is not couched in a commanding language is not sufficient to render it something other than an order as envisaged in section 52 of the act. a realistic approach to ext.p8 would indicate that the state dental council wanted the registrar to file the complaint against the petitioner and therefore necessary directions were ..... also mentions that the word 'order' in section 26(2) of the evacuee property act is used in its widest connotation. among the meanings given to the word 'order' in the 'new websters dictionary of english language', what is noteworthy in this context is the following meaning; 'to issue orders or instructions'.in the absence of a definition for the word 'order' in the ..... b.d.s. along with his name. prosecution steps were initiated against him at the instance of the registrar of the kerala dental council. he was found guilty of the offence under section 49 of the act. he was convicted and sentenced to pay a fine of rs. 500 ..... short the act) prohibits a person from practising dentistry unless that person is a registered dentist, or a registered dental hygenist or a registered dental mechanic. on 11-6-1979, pw. 2, the vice president of the kerala dental council, inspected the place where the petitioner was practising dentistry in a clinic styled as 'j. j. dental hospital', by using the degree of .....

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Jul 15 1986 (HC)

The United India Insurance Company Limited and ors. Vs. N. Gangadharan ...

Court : Kerala

Decided on : Jul-15-1986

Reported in : 2(1986)ACC451

..... wages payable to drivers and other workmen engaged in transport vehicles are covered by statutory notifications issued under the minimum wages act etc. it is notorious that these rates are definitely more than the wages claimed by the claimant. if his monthly wages were rs. 450/- and he had suffered partial ..... be.therefore we should presume that the commissioner for workmen's compensation, trivandrum, was competent to pass an award as contemplated by section 14 of the act making the 3rd opposite party also liable for the compensation amount as was done by the judgment under appeal.it is true that ..... be read as a prohibition against the insurer being proceeded against before the workmen's compensation commissioner. similar provisions are available in section 101 of the motor vehicles act, which also provide that in case if the insured becomes insolvent or the employer company is would up etc., the employee ..... against that order that the present appeal is filed.2. shri s. parameswaran, counsel for the appellant, urged that the deputy commissioner had no jurisdiction to pass an award against the insurance company in view of section 14 of the workmen's compensation act. he also submitted that the finding of the ..... disability to the extent of 25%, the commissioner had only to apply the terms of schedule iv of the workmen's compensation act as amended by act 65 of .....

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Oct 10 1986 (HC)

Vikraman Vs. State of Kerala

Court : Kerala

Decided on : Oct-10-1986

Reported in : 1987CriLJ1703

..... , without an attempt to give a second blow, the assailant being either an immature boy or a person acting without malice. the court held that thirdly of section 300 is not attracted and the act will only attract third clause of section 299 punishable under part ii of section 304,i.p.c. both these decisions rested on the particular facts of the cases. these decisions ..... the appellant, would necessarily lead to the conclusion that he had no intention to cause the death and he had no intention to cause this particular injury, which, according to medical evidence, is sufficient in the ordinary course of nature to cause death. learned counsel for the appellant referred us to decisions in kulwant rai v. state of punjab : air1982sc126 and ..... placed on the decision of .the bombay high court in sardarkhan jaridkhan v. emperor air 1916 bom 191 : 1916 (17) cri lj 530, where it had been observed:where death is caused by a single blow, it is always much more difficult to be absolutely certain what degree of bodily injury the offender intended.dealing with these observations, the supreme court said:with ..... aid, prepared wound certificate and recorded ext. p-12 dying declaration and referred him to the medical college hospital, kottayam. on the way to the medical college hospital, unni died and his body was taken to government hospital, kattappana.3. at 9.30 a.m. on 28-2-1981, p.w. 1 went to the kattappana police station and gave ext. p-l .....

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Oct 16 1986 (HC)

Narayanan and ors. Vs. State of Kerala

Court : Kerala

Decided on : Oct-16-1986

Reported in : 1987CriLJ741

..... to be caused is so slight that no person of ordinary sense and temper would complain of such harm. the above principle is embodied' in section 95 of the code. the definitions of various offences in the code are so framed as to bring a number of activities within the letter of the penal law. if we ..... any direction in which that person has a right to proceed. 'voluntarily' is a word of special connotation in the code as defined in section 39 of the code. as per the definition, 'a person is said to cause an effect voluntarily when he causes it by means whereby he intended to cause it, or by means ..... are to go by the definitions alone, 'it is theft to dip a pen in another man's ink, it is mischief to crumble one of his wafers, it is assault to ..... the performance of which men cannot live together in society, and acts which it is desirable that they should do. it depends upon the degree of the acts and that is why the authors of the code took particular care in striking a note of caution by incorporating section 95 in the code.6. somasundaram, j. in in re attappa, ..... on 8-9-1986 as part of a campaign against the evils of consumption of alcohol. this petition under section 482 of the code of criminal procedure is to quash the said crime and the subsequent proceedings.2. according to the petitioners, no physical obstruction had been caused by them to any one entering the liquor shop .....

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Oct 01 1986 (HC)

Chandran and anr. Vs. State of Kerala

Court : Kerala

Decided on : Oct-01-1986

Reported in : 1986CriLJ1865

..... committed the crime. the privy council in narayana swami v. emperor air 1939 pc 47 : 1939 (40) cri lj 364 explained and dealt with this definition but did not follow it. in the words of the privy council, 'a confession must either admit in terms the offence, or at any rate substantially ..... talked to the accused they were in police custody and therefore the statements given by the accused to the doctor are inadmissible under section 26 of the evidence act. section 17 of the evidence act defines 'admission' as a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, ..... neighbours were called. during inquest, blood stains were found in the room in which the wooden ladder was kept. p.w. 2 identified the torch as m.0.1 but was definite that it was not shown to him by the police later on. according to the prosecution, this torch was subsequently recovered on the ..... the accused to the doctor are not confessions under the indian evidence act but admissible under section 21 of the evidence act.34. we now turn to the group of witnesses consisting of p. ws. 52,17 and 18. p.w. 52 is a medical shopkeeper at kanhani junction hehad read reports about the occurrence in newspapers ..... , the conduct of the accused followed by the news of the murder the next morning would certainly have impressed the minds of these witnesses in varying degrees. this has to be taken along with the evidence of p.w. 30, who spoke about the journey of three persons in a k.s.r .....

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Feb 21 1986 (HC)

Dasan and ors. Vs. State of Kerala

Court : Kerala

Decided on : Feb-21-1986

Reported in : 1987CriLJ180

..... citizens. we are constrained to say that the sessions judge has shown callous indifference and indiscretion in this respect. the sessions judge has also acted in disregard of section 235(2) of the cr. p,c. hearing the accused on the qsestion of sentence is not intended as a formality. it is intended to ..... was taken to the kuttilakkad govt. hospital from where without even removing the injured from the car he was carried to the cranganore hospital as per medical advice. before reaching there the patient died and the doctor examined and declared him dead. all these things transpired within less than one hour. unfortunately ..... the witnesses was affirmed by pw. 12 in re-examination. we do not find anything to disbelieve the oral evidence on the basis of the medical evidence. pws. 4 and 5 are persons who saw the accused going away from the scene after the incident with weapons and there is no ..... and the manner in which the injuries were received by him as spoken to by pws. 1 to 3 the injuries are not possible according to medical evidence and hence pws. 1 to 3 will have to be disbelieved. so also another argument was advanced that pws. 1 to 3 have ..... -witnesses is clear, cogent and consistent it can be accepted only if it is riot demolished by the medical evidence. that depends upon individual cases. if the apparent difference between ocular evidence and medical evidence is attributable to any acceptable reason which is capable of compromising the two apparently different versions, otherwise .....

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Jan 10 1986 (HC)

Ayyappankutty Vs. the State

Court : Kerala

Decided on : Jan-10-1986

Reported in : 1987CriLJ1593

..... offence cannot otherwise be prevented. these are instances of curtailment of valuable fundamental right in the interest of public order. similarly section 29(b) of the kerala police act empowers the police officers to take all reasonable measures for prevention of crimes. it rather makes their duty also. this is ..... have seen instances of even total prohibition being justified and liberty being deprived by preventive detention permissible under article 22.17. the phraseology in article 19(2) is 'in the interest of public order' and not in the interest of law and order. in madhu limaye's case : 1971crilj1720 it ..... constitution authorising photographs of suspected criminals being published as a preventive measure. the argument was that there is no law within the meaning of clauses (2) and (3) of article 19 making reasonable restrictions and there cannot be any 'procedure established by law' within the meaning of article 21 ..... the interests of the general public. in the decision in babulal parate v. state of maharashtra : 1961crilj16 the supreme court held that both clauses (2) and (3) of article 19 give power to the legislature to make laws placing reasonable restrictions on the rights conferred under article 19, among ..... in view of his expectation of immediate release from jail, he feels that the publication of his photographs will adversely after his future life.2. on behalf of the state, i had the advantage of hearing able arguments on questions of fact and law from the director of public .....

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Jan 24 1986 (HC)

Chandrasekharan Adithiripad Vs. State of Kerala

Court : Kerala

Decided on : Jan-24-1986

Reported in : 1987CriLJ1715

..... two feet away from the scene of occurrence all along. even conceding that the light from the torch was not available during intervals, pw. 1 would definitely have been able to realise that other injuries are also being inflicted by the appellant. he himself admitted that immediately after the incident, he saw several ..... there was such an obstruction at that point, even the appellant has no case that the obstruction is authorised. if so the deceased would have been definitely justified in removing the obstruction because as a matter of right he would have been entitled to do so. but the defence case is that no ..... doubt by the prosecution. without establishing these facts, we are not in a position to find the appellant guilty of having committed an offence punishable under section 302 of the indian penal code. we are of opinion that the learned sessions judge has not properly considered these facts and circumstances in order to ..... p10 and the evidence of pw. 8 show that the deceased had 12 injuries out of which 9 were incised wounds and 3 were abrasions. the medical evidence of pw. 8 is that the incised wounds could only be the result of independent contacts. the doctor okayed the defence suggestion that these injuries ..... committed the offence of murder. the main contention put forward before us at the time of arguments was that the appellant was acting in the exercise of the right of private defence.2. the incident was at 9.45 p.m. on 7-6-1982'near the residence of the appellant. pw. 1 and .....

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Jun 04 1986 (HC)

T.A. Rajendran Vs. Governor of Kerala and anr.

Court : Kerala

Decided on : Jun-04-1986

Reported in : 1988CriLJ68

..... is sought to be quashed, and a writ of mandamus according sanction to the petitioner to prosecute the 2nd respondent under section 6 of the act for the commission of offences under section 5( 1)(d) of the act is also sought for.2. the principles relating to the grant of sanction, when in an attempted prosecution of such an important functionary like the chief ..... inadequate, that is more a matter for political judgment by the legislature or the people and not by the court of law unless it be that the act or omission falls squarely within the definition of any of the offences under the ipc or any other law.11. the decision in the present case has been taken by the highest constitutional functionary ..... nayak v. a.r. antulay : 1984crilj613 and state of maharashtra v. ramdas shrinivasa nayak : 1982crilj1581 .4. the petitioner has founded his case of corruption as coming within section 5(1)(d) of the act. that section reads:5. criminal misconduct in discharge of official duty : - (1) a public servant is said to commit the offence of criminal' misconduct -(d) if he, by ..... provided to central ministers for the following purposes:i) natural calamities/law and order problems which require the immediate presence of the minister;ii) for visiting inaccessible areas where no other mode of conveyance is conveniently available;iii) medical requirements; andiv) in exceptional circumstances of sufficient gravity warranting the use of iaf aircraft/helicopters.the allegation is that the chief minister .....

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Dec 04 1986 (HC)

K.J. Joseph Vs. Hon'ble Justice, K. Sukumaran and Ors.

Court : Kerala

Decided on : Dec-04-1986

Reported in : AIR1987Ker140

..... , or a judgment of ouster thereunder, may have drastic consequences affecting the public welfare.' (vide note 10). both english law and the american law definitely state that in exercising the discretion, the court should consider all the circumstances of the case, including lapse of time, and circumstances which would establish ..... somewhat drastic remedy the courts in administering it should proceed with anxious deliberation and with utmost caution. in england, by section 9 of the administration of justice (miscellaneous provisions) act, 1938, proceedings by way of prerogative writ of quo warranto to challenge the right of any person to hold a ..... would be futile in its results, or where there was an alternative remedy which was equally appropriate and effective.'4. in king v. speyer (1916) 1 kb 595 it was considered that : --'an information in the nature of a quo warranto will lie at the instance of a private ..... i shall start my enquiry by concisely referring to the constitutional provisions, governing the appointment of a judge of the high court under article 217(2) of the constitution. before a person can be considered for appointment as a high court judge, he must possess the qualifications specified therein. the ..... to issue it considering the circumstances of the case. the canadian view as stated in the king ex rel beudret v. johnston (1923) 2 dlr 278 is that the court has to take into consideration public interest, the consequences to followthe issue of a writ of quo warranto and .....

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