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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: madhya pradesh Year: 1963 Page 1 of about 17 results (0.077 seconds)

Apr 16 1963 (HC)

Madhya Pradesh Transport Co. (Pvt.) Ltd. and ors. Vs. State of Madhya ...

Court : Madhya Pradesh

Decided on : Apr-16-1963

Reported in : AIR1963MP339

..... the deeming provision with regard to the giving of authority in sub-section (1-a) of section 3 of the principal act and section 2(2) of the validating act. in such a case article 20(1) would nullify the prosecution but not sub-section (1-a) of section 3 of the principal act or section 2(2) of the validating act. the reason is that those provisions do not directly provide for any ..... . the enhancement of the rate is made effective from the date the government may appoint for coming into force of the amendment in section 3(1). the new sub-section (i-a) inserted in section 3, which under section 2(2) of the validating act is deemed to have come into force on 1st february 1961, purports to give to an operator authority to collect the tax ..... mahamaya motor transport company (m. p. no. 29 of 1961 decided on 26th september 1961) inter alia on the grounds that the said act was invalid for vagueness and uncertainty, that it did not indicate with any definiteness as to who was liable to pay the tax, and that the tax imposed was on the operator and was repugnant to articles 19 ..... be effective in relation to individual operators only on the revision of fare tables of their stage carriages.12. sub-section (1-a) has no doubt been given retrospective effect from 1st february 1961. but it cannot be contended with any degree of force that it is for that reason invalid and unconstitutional. it is now firmly established that subject only to .....

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Sep 05 1963 (HC)

Narottamdas Harjiwandas Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Sep-05-1963

Reported in : AIR1964MP45; [1963(7)FLR426]; 1964MPLJ43

..... minimum rates of wages in certain scheduled employ-ments and to provide for certain other matters connected therewith. in the definition section of the act, that is section 2, it is provided that 'the expressions used in this act and denned in the minimum wages act, 1948 (xi of 1948), in its application to the state of madhya pradesh shall have the meanings assigned to ..... wages prescribed by the act; and that section 3, by which minimum wages in ..... . 305 and 334 of 1962, that the act itself did not define any of the expressions used therein; that section 2 of the act made the definitions given in the central act applicable for ascertaining meaning of the various expressions used in the act; that likewise by section 4 of the act the provisions of certain sections of the central act were made applicable to the minimum rates of ..... wholly to the future, they violate the definition of a law as 'a rule of civil conduct', because no rule of conduct can with consistency operate upon what occurred before the rule itself was promulgated.' in our opinion, it cannot be argued with any degree of force that the purpose and end of the act is to investigate, declare and enforce .....

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Oct 30 1963 (HC)

Municipal Committee Vs. Harda Electric Supply Co. (Private) Ltd.

Court : Madhya Pradesh

Decided on : Oct-30-1963

Reported in : AIR1964MP101

..... 15, 1953, was barred by time. now, the word 'goods' occurring in article 52 of the limitation act is not defined in it; it has been defined in section 2 of the sale of goods act 1930, thus:'every kind of moveable property other than actionable claims and money; and includes stock and shares, ..... signed either by the president or the vice-president. the contract will, therefore, be invalid and inoperative if it falls within the purview of section 44 of the municipalities act. see bhikraj v. union of india, air 1962 sc 113; h.s. rikhy v. new delhi municipality, air 1962 sc 554 and ..... the case where the damage actually done is the gist of the action, the character of the acts themselves which produce the damage, and the circumstances under which these acts are done, must regulate the degree of certainty and particularity with which the damage done ought to be stated and proved. as much ..... . but so far as the first part is concerned, that definition can be applied to the limitation act being in pan materia and in so far as it is not repugnant to the said act. in firm attar singh sant singh v. amritsar ..... growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.'we are not concerned here with the second part of this definition .....

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Apr 23 1963 (HC)

Khubchand Baghel Son of Judawan Singh Vs. Vidyacharan Shukla Son of Ra ...

Court : Madhya Pradesh

Decided on : Apr-23-1963

Reported in : AIR1963MP306; 1963MPLJ570

..... . another source of confusion is the fact that the phrase 'burden of proof' has been used in two senses which are apparently similar but include a definite difference. the burden mentioned in section 101 of the evidence act is what i would call the genera! burden of proof or 'burden of proof properly so called', which never shifts. on the other hand, what ..... kerala 120). in this case there were two gentlemen, one named s. k. pottekkat and the other called sukumaran pottekkat, both practising journalism, though there was a difference in the degree of popularity. probably the activities of the one were in good faith, but the other thought that he was playing a 'treacherous trick' in the electionand wanted to expose him ..... late ravishanker shukla, father of vidyacharan. he was with him when he became chief minister of madhya pradesh in 1946 or 1947 and held office as 'parliamentary secretary' in the medical department of which the minister in charge was one dr. hasan of whom more later apropos of the second allegation, owing to differences with the cabinet dr. hasan resigned carrying ..... proper that it should, apologise, and accordingly published a becoming apology in its issue dated 26th january 1962. this being accepted, the shuklas dropped the suit against defendants 1 and 2. in august 1962 the suit against lohiya himself was dismissed on the finding that a dead person could not be defamed. we are here not concerned either with the ethical .....

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Apr 24 1963 (HC)

Budhilal Deviprasad and anr. Vs. Jagannathdas Bajrangdar

Court : Madhya Pradesh

Decided on : Apr-24-1963

Reported in : AIR1963MP344; 1963MPLJ542

..... an order of remand passed by a high court, the bar of sub-section (2) of section 105 shall also not be applicable to the high court when considering an appeal against the judgment and decree of a single judge under clause (10) ..... in the cases of other interlocutory orders. it was further held that so far as the supreme court was concerned, the bar created by the aforesaid sub-section (2) did not apply because no appeal lay to the supreme court against an order of remand. on a parity of reasoning, as no appeal lies against ..... or, even though an appeal lay, an appeal was not taken could be challenged in appeal from the final decree or order; but because of sub-section (2) as regards orders of remand, if an appeal lay and still the appeal was not taken, the correctness of the order of remand could not later ..... a mortgagor or a mortgagee, an appeal was pending against its dismissal in the high court, when the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950 (act no. i of 1951) came into force. consequently, when the second appeal, no. 499 of 1947, was decided by b.p. sinha, c. j. (as ..... of the principle of res judicata which, as pointed out by the privy council in sheoparsan singh v. ramnandan singh, 43 ind app 91 : (air 1916 pc 78), should be influenced by no technical considerations of form but by matter of substance within the limits allowed by law. it is well settled that .....

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Apr 12 1963 (HC)

Shrimati Nanhibai Vs. the Excise Commissioner and ors.

Court : Madhya Pradesh

Decided on : Apr-12-1963

Reported in : AIR1963MP352; 1963MPLJ526

..... used in the act. section 4 empowers the government to declare by notification what shall be deemed to be 'country liquor' and 'foreign liquor' for the purposes of the ..... . the object of the act is to secure excise revenue by imposing 1 duties on liquors and intoxicating drugs by different methods. it is also to control the import, export, transport, manufacture, sale and possession of intoxicating liquors and the trade in drinks and drugs and to obviate abuses which might arise from such trades. section 2 gives definitions of various words and terms ..... the right of the government of manufacturing liquor or intoxicating drug when the permission is granted. they must, therefore, necessarily be read with section 18 of the act, and so read they only carry out the provision of sub-section (2) of section 18 with regard to the grant of a licence in terms of the lease'.8. it follows, therefore, that rule iv of ..... authority who can in his discretion accept, reject or confirm any bid made at an auction; that rule iv of the 'rules of general application framed under section 62(2)(e), (f) and (b) of the act expressly provides that the'confirmation of any auction sale, whether held by the collector himself or by any other officer, shall rest with the collector, who .....

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Feb 16 1963 (HC)

Anand Kumar and anr. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Decided on : Feb-16-1963

Reported in : AIR1963MP256; 2009AIRSCW2786.

..... , its situation, location, compensation or price to be paid, are to be mentioned in the scheme, then clearly they cannot be stated in the scheme unless and until it is definitely known which land will be available to the board by acquisition, purchase, exchange or otherwise, and the price which the board will have to pay for the land.6. the ..... -operative housing society to construct houses is an acquisition for a public purpose. that apart, under section 3(f) of the act as amended in our state, the expression 'public purpose' includes the provision of land for residential purposes. it cannot therefore be contended with any degree of force that the acquisition of land for the respondent-board for the purpose of constructing ..... land belonging to them for a housing scheme of respondent no. 3, the mahakoshal housing board.2. the material facts are these: on 18th july, 1958, a notification was issued by government under section 4(1) of the land acquisition act, 1894 (hereinafter referred to as the act) and published in the m. p. gazette of sth august, 1958. it stated that land, area ..... works in any area for the framing and execution of such housing scheme as it may consider necessary. section 15 (2) lays 3own what the board may do for expediting and cheapening construction of buildings. it is plain that there is nothing in section 15 making the framing of a scheme a condition precedent to the acquisition of the land needed by the .....

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Feb 07 1963 (HC)

Badlu Prasad Vs. Tirjuji Sitaram

Court : Madhya Pradesh

Decided on : Feb-07-1963

Reported in : AIR1965MP42; (1965)IILLJ666MP

..... district judge tried to equate the connotation of this word in the civil procedure code with that in the payment of wages act as qualified by the express exclusions in section 2(vi)(e)(6) of that act. he reads that exclusion into the word used in section 60(1)(g) of the civil procedure code. on the other hand, it can be argued with equal plausibility that without ..... suits its purpose. but the most general one is 'reward or recompense or a payment to a person for services rendered.' this obviously does not imply any periodicity. the narrower definition is-'now especially the amount paid periodically for the labour or service of a workman or servant.'the crux of the controversy before us is that on the one hand ..... that the judgment-debtor is an unskilled labourer; so it is unnecessary to say anything more on that point. in all the courts it was thought helpful to examine the definition of the word 'wages' in different enactment; but this is not free from confusion because, in several of them the word has been used in a sense more or less ..... is wages for the purpose of exemption from attachment.3. actually, the inclusion or exclusion of such payments as bonus and gratuity in the definitions in different enactments is not quite uniform, for example, in the minimum wages act the exclusion is of gratuity payable on discharge, the discharge not being quite equivalent to 'the termination of employment' in the particular cases .....

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Apr 15 1963 (HC)

In Re: Lachman Nanda

Court : Madhya Pradesh

Decided on : Apr-15-1963

Reported in : AIR1966MP261; 1966CriLJ1012

..... was hit on the head did at all have a sharp edge. it is pointed out that the medical witness did not examine whether any hair-roots or bulbs had been cut through. there was also no definite observation about the cut into the flesh which in any event would not be conclusive in that part of ..... das actg. c.j has observed :-- 'it is possible (though we need not decide in this case) that the recent amendment to section 537 in the code of criminal procedure (amendment) act of xxvi of 1955, where mis-joinder of charges has been placed in the curable category will set at rest the controversy that has raged ..... common cause against amarji because of their close relationship. from time to time there had been reports to the police; but two events are worth mention on 2-8-1062 there was a quarrel between lachman gujar on the one side and amarji and balaji on the other about the cutting of the grass on the ..... 'pasliwali lohangi' and causing a number of incised wounds including one which fractured the skull and damaged the brain. this is said to have happened at about 2.00 p.m., on 7-11-1902 when amarji had come to his brother balaji's house after an earlier incident at the fields between half and one ..... 6 in the instant case call for special notice: '5. incised would 21/4' x 1' x 11/2' on left parietal, horizontal with fracture on parietal bone, membrane and brain injured. 6. incised would 3' x 11/2' x 1' on right parieto-occipital region with fracture of corresponding bone ' injury no. 6 though serious .....

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Sep 26 1963 (HC)

Habib Bhai Vs. Pyarelal and ors.

Court : Madhya Pradesh

Decided on : Sep-26-1963

Reported in : AIR1964MP62; 1963MPLJ891

..... placing any reliance on this witness. the greater part of his testimony had to be discarded because it fell within the corrupt practice under section rule 23 (2) of the act which was not even pleaded against the respondent concerned.37. the second witness examined is chhote mukutram who claims to have worked in ..... attempt of the learned counsel for the appellant before us was to suggest that the words, though not per se defamatory of the third respondent, were definitely so in their secondary meaning read in the context of circumstances. but, as no attempt was made in the pleadings to plead the extrinsic facts to ..... in the manner made was never to put the matter in issue. it was also contended that the parties having gone to the trial with a definite issue framed on the point and both the parties having adduced their evidence, knowing the true scope of the dispute between them, the petitioner was not ..... rightly confined itself to the evidence of the witnesses in so far as it went to indicate the existence of any corrupt practice under section 123(3) of the act and, has rightly refused to consider the evidence which was tendered in support of the threat of excommunication.36. the first witness examined on ..... . (see: orders on pleading and practice (16th edition) pp. 133-134). on the same principle, it has been held in grocott v. lovatt, 1916 wn 317 that the words 'the defendants deny the facts alleged in para 3 of the statement of claim' used in pleading to a number of highly material .....

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