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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: kolkata Year: 1976 Page 1 of about 16 results (0.164 seconds)

Feb 12 1976 (HC)

Bengal Coal Co. Vs. Shahed Miah

Court : Kolkata

Decided on : Feb-12-1976

Reported in : (1977)IILLJ516Cal

..... of earning capacity. in other words, the finding of the commissioner is based on no evidence at all. section 4(1)(c)(ii) of the workmen's compensation act, 192) provides that subject to the provisions of the act the amount of compensation shall be where permanent partial disablement results from the injury-in the case of an ..... question of a loss of earning capacity arises and the loss or diminution of such capacity must obviously be established by evidence other than the medical evidence. the utmost a medical witness can give by way of a percentage is to give the percentage of the lots of the normal physical capacity or power. the loss ..... of work he had been accustomed to do and that physically he is still in a position to perform the same kind of work with an equal degree of efficiency arid yet it may be that because of the visible disfigurement, he is refused employment by every one so that his labour has become ..... the loss of a limb, the capacity of the affected workman to do the kind of work he was accustomed to do has not in the slightest degree been affected, nor has any difficulty arising in the way of his getting employment of the usual kind by reason of the injury. in such a case ..... . bhattacharya was examined. he had seen the patient on the 12th september, 1966. his evidence is :there is one irregular scar mark of 2 inches by 2 inches on the medical side of the left foot resulting from the skin-grafting of the lacerated injury. there is no evidence of any injury to the nerves and .....

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Sep 16 1976 (HC)

Samar Roy Chowdhury Vs. Sm. Snigdha Roy Chowdhury

Court : Kolkata

Decided on : Sep-16-1976

Reported in : AIR1977Cal213

..... court, the marriage law of 1976 was enacted. the marriage laws (amendment) act of 1976 amended section 12(1)(a) of the hindu marriage act by section 6 of act 68 of 1976. section 12(1)(a) was amended by section 6 (1) (a) of the new act and for clause (a) the following clause was substituted.'(a) that the ..... is not necessarily affected. it will be further found that in the said case the division bench of this court considered the effect of section 56 of the contract act in the matter of marriage contract. in the said case it has been stated in respect of the impotency vis-a-vis disease as ..... intromissio, that is, of erection and penetration by the male of the woman. full and complete penetration is an essential ingredient of ordinary and complete intercourse. the degree of sexual satisfaction obtained by the parties is irrelevant. in the case reported in : [1970]1scr559 , (digvijay singh v. pratap kumari) it has been ..... the appeal and both of them agreed that no further opportunity need be given for the disposal of the case as envisaged in section 39 of the marriage laws (amendment) act, 1976.7. mr. mukherjee on behalf of the appellant contended that there was no consummation of marriage and that on the date ..... a practical impossibility due to the incapacity of the wife being impotent, we are to consider the medical evidence adduced in this case. on behalf of the respondent two doctors were examined, d. ws. 1 and 2 and p. w. 1 the other doctor who deposed, was appointed by the court on an .....

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Jan 28 1976 (HC)

Niranjan Modak Vs. Lakshmi Narayan GuIn and ors.

Court : Kolkata

Decided on : Jan-28-1976

Reported in : AIR1976Cal322,(1976)1CompLJ168(Cal)

..... had already been passed against the tenant and, therefore, the appellant cannot be described as tenant when the appeal was pending. reading the definition of 'tenant' given in section 2 (h) of the act, we get that a person against whom any decree or order for eviction has been made by a court of competent jurisdiction is ..... of the view that although a decree has been passed by the trial court, the appellant can still be regarded as a tenant as denned under section 2 (h) of the act to get relief in this case, because no final decree, unchallenged in any court has been passed against him. the decree in question is under ..... the suit was originally filed under a different statute. there is no dispute that the suit premises, a house comes under the purview of the definition of 'premises' under the act. the submission of mr. banerjee is that the appellate court below ought to have set aside the decree for recovery of possession passed by ..... of the appeal, the matter is re-opened and the appeal is meant for re-hearing of the dispute. the decree for eviction referred to in the definition clause for 'tenant' is meant to be final decree passed by a court of competent jurisdiction. it does not and cannot imply, in my view, a ..... at calcutta against ram ratan kaur on the ground that she had taken a transfer of a non-transferable occupancy holding by a deed dated 28-9-1916. the suit was filed on 30-6-1927 the trial court passed a decree for eviction of the defendant no. 1 kaur. an appeal was taken .....

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Nov 09 1976 (HC)

The India Jute Company Ltd. Vs. the Regional Director, West Bengal, Re ...

Court : Kolkata

Decided on : Nov-09-1976

Reported in : AIR1977Cal258,81CWN459,[1977(34)FLR278]

..... the petitioner. but it cannot be ignored that section 38 is made subject to the provisions of the act. section 2 containing the definition is also a provision of the act. the words 'employees' and 'factory' occurring in section 38 of the act must be understood in the light of their definitions in section 2(9) and section 2(12) of the act. considerable stress was laid by the learned counsel ..... fin the ground that the words used in section 38 are not 'all ..... counsel if these conditions are fulfilled, it does not matter where the employee concerned is working. he has urged that by amending the definition of 'employee' in section 2(9) in 1966, the operation of the act has not been extended to those who are not attached to the factory premises at all. prior to the amendment the employees actually working ..... are doing it to circumvent the provisions of section 1(5) of the act. mr. mukherjee has referred to chapter v of the act on the benefits that the employees would derive if they come within the act, e. g. sickness, maternity, disablement, medical and funeral benefits. under section 59-a there are provisions for medical benefit by the corporation in lieu of the state .....

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Nov 09 1976 (HC)

Sen-Raleigh Ltd. Vs. Employees' State Insurance Corporation and Ors.

Court : Kolkata

Decided on : Nov-09-1976

Reported in : AIR1977Cal165,[1977(34)FLR292]

..... the regional director, calcutta, wrote to messrs. sen-raleigh and co. ltd., kannyapur, post office asansol, burdwan, inter alia, as follows:--'that as per definition of the term 'employee' laid down in section 2 (9) of the e. s. i. (amendment) act, 1968 the employees of your head office situated at mercantile building, calcutta-1, are also now covered within the meaning of ..... contributions' and 'benefits' except as hereinbefore stated, became applicable to the employees of sen-raleigh ltd. working in its head office in calcutta who were covered by the amended definition in section 2 (9).10. on the 3rd september, 1968, the regional director, calcutta, again wrote to sen-raleigh and co. ltd. as follows:--'it has been reported by this office ..... the relevant portions of this notice. it seems to us that this is a valid notice in view of the amended definition of section 2 (9) and the various notifications referred to above which brought into operation different chapters of the act in different areas in india.15. the result is that this application is dismissed. all interim orders, if any, ..... this shows that on the 1st september, 1948, chapters i, ii, iii and viii of the act became applicable to all factories throughout india irrespective of location. the headings of these chapters respectively are (a) preliminary, (b) corporation, standing committee, and medical benefit council (c) finance and audit and (d) miscellaneous. sections 44 and 45 (employers to furnish returns etc; inspectors their .....

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Jun 24 1976 (HC)

Commissioner of Gift-tax Vs. Tarachand Meghraj

Court : Kolkata

Decided on : Jun-24-1976

Reported in : [1977]109ITR775(Cal)

..... -tax act, gift has been defined as follows:' 'gift' means the transfer by one person to another of any existing movable or immovable property ..... force of the gift-tax act they were not assessable to tax.13. before we deal with the respective contentions of the learned counsel on behalf of the parties it will be convenient to refer to the relevant statutory provisions. the first to be noted is the definition of the expression 'gift' as in the gift-tax act. in section 2(xii) of the gift ..... and without consideration in money or money's worth, and includes the transfer or conversion of any property referred to in section 4 deemed to be a gift under that section.'14. in the same act ' transfer of property ' has been defined in section 2(xxiv) as follows:' 'ransfer of property' means any disposition, conveyance, assignment settlement, delivery, payment or other alienation of property and ..... donor or donee. consequently, there was no gift within the meaning of transfer of property act, nor did such an unilateral transactionfall within clause (d) of section 2(xxiv) of the gift-tax act. the section speaks of 'disposition' which was a bilateral or a multilateral act and not an unilateral act.33. the next decision was bhau ram jawaharmal v. commissioner of income-tax reported in .....

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Jul 21 1976 (HC)

State of West Bengal Vs. Mir Fakir Mohammad

Court : Kolkata

Decided on : Jul-21-1976

Reported in : AIR1977Cal29

..... entitled to retain non-agricultural land in his khas possession under certain circumstances mentioned therein. 6. in this connexion we should note the definitions of agricultural land and non-agricultural land. in clause (b) of section 2 of the act 'agriculturalland' is defined in the following language :-- '(b) 'agricultural land' means land ordinarily used for purposes of agriculture or ..... in the income-tax act. in paragraph 10 of the judgment we find : 'the terms 'agriculture' and 'agricultural purpose' ..... [1957]32itr466(sc) . although that case relates to the income-tax act, yet that decision is instructive in the sense that there has been a long discourse upon the terms 'agriculture' and 'agricultural purpose' used in the definition of 'agricultural income' in section 2(1) of the income-tax act. there the said two terms 'agriculture' and 'agricultural purpose' werenot defined ..... for the time being.' in clause (j) of section 2 we get : '(j) 'non-agricultural land' means land other than agricultural land or other than land comprised in a forest.' according to mr. pal, the suit lands are all agricultural lands because according to the definition of the act any land used for purposes of agriculture or horticulture will .....

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Mar 01 1976 (HC)

Rathindra Nath Mitra Vs. Mrs. Angur Bala Mullick and anr.

Court : Kolkata

Decided on : Mar-01-1976

Reported in : AIR1976Cal320

..... enforce a judgment under article 189. as mentioned hereinbefore for the purpose of this application in view of the language used in sub-rule (2) of rule 6 of order 41 reed with the definition of decree under section 2(2) of the code and the scheme of the preliminary and final decree and authorities as indicated before, i am of the opinion, that when ..... was also drawn to a decision of the bombay high court in the case of murlidhar v. vishnudas, air 1916 bom 305 where it was held that like a decree under section 88 of the transfer of property act a preliminary decree under order ..... decree' as contemplated under article 183 of the limitation act, 1908. i am concerned only with the question whether the final decree that is passed is an order for sale of property in execution of a decree. this has to be construed in the light of the definition of the decree as provided by section 2(2) of the code of civil procedure. my attention ..... order in execution of the decree. in order to appreciate this contention it would be relevant to refer to sections 88 and 89 of the transfer of property act as it stood prior to its amendment, by transfer of property (amendment supplementary) act 1929. sections 88 and 89 were as follows :'88. in a suit for sale, if the plaintiff succeeds, the court shall .....

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Sep 03 1976 (HC)

Raipada Pramanik Vs. the State of West Bengal

Court : Kolkata

Decided on : Sep-03-1976

Reported in : AIR1977Cal7

..... and to produce it before the court below. the file wherein the said order is kept is lying under the custody and control of the defendant respondent. section 106 of the indian evidence act, 1872 (act 1 of 1872) clearly enjoins that when any fact is specially within the knowledge of any person the burden of proving that fact is upon him. the ..... as attributable to military service without any consultation with the ministry of pensions. on the faith of that assurance the claimant did not take any further steps to obtain independent medical opinion. the question was whether this assurance as contained in the letter of war office was binding on the ministerof pensions. it was held that his claim to attributability would ..... , army, air force and auxiliary services) transfer of power order, 1939 (made under the pensions (navy, army, air force and mercantile marine) act, 1939, section 1) the entire administration of disablement claims in respect of military service after september 2, 1939, was transferred to the minister of pensions. mr. robertson being injured in an accident while on military service was examined by a ..... medical board and was found unfit for general service and he- was graded in category b. he wrote to the war office requesting to .....

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Jan 22 1976 (HC)

Monoj Kanti Bose and ors. Vs. Bank of India and ors.

Court : Kolkata

Decided on : Jan-22-1976

Reported in : (1977)IILLJ285Cal

..... make any claim for salary or wages for the said period, has been based mainly on the definition of wages. the definition of wages as given in section 2(vi) of the payment of wages act, 1936 and adopted in section 2(15) of the west bengal shops and establishments act, 1963 which is applicable to the bank reads:'wages' means all remuneration (whether by way of salary ..... an employed person shall be paid to him without deductions of any kind except those authorized by or under this act..(2) deductions from the wages of an employed person shall be made only in ..... which he had not worked after attending office, sections 7 and 9 of the payment of wages act, 1936 would be redundant and wholly unnecessary. relevant provisions of the said sections may be set out:section 7-deductions which may be made from wages.-(1) notwithstanding the provisions of sub-section (2) of section 47 of the indian railways act, 1890 (act no. ix of 1890) the wages of ..... payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a court;(2) any value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the state .....

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