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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: madhya pradesh Year: 1976 Page 1 of about 10 results (0.076 seconds)

Aug 23 1976 (HC)

Abdul Taiyab Abbasbhai Malik and ors. Vs. the Union of India (Uoi) and ...

Court : Madhya Pradesh

Decided on : Aug-23-1976

Reported in : AIR1977MP116; 1977MPLJ227

..... out of the districts mentioned in the presidential order. this view appears to be correct because the power to constitute permanent benches conferred on the president under sub-section (2) of section 51 of the act, necessarily includes the power to specify the purposes for which the bench is constituted. the position might have been different if the president had not specified the ..... in the contention that any part thereof was beyond the competence of the parliament and as such ultra vires.58. shri dharmadhikari questioned the vires of sub-section (2) of section 51 of the act also on the ground that it amounted to excessive delegation, inasmuch as the constitution of permanent benches was an essential legislative function of the parliament itself and ..... appear that there is nothing in this notification which precludes for the time being a permanent bench at indore for hearing cases other than those indicated in the notification.'no definite opinion was, however, expressed on the point referred because the case could be disposed of on other grounds. the aforesaid observations may, therefore, be treated as merely casual and ..... to consider what it means and implies. the ordinary meaning of the word 'principal' is chief, leading; most important or considerable; primary; original highest in rank, character or importance or degree vide black's law dictionary; fourth edition at p. 1355. as observed by mukherjee, j. in paragraph 68 in state of bombay v. narottamdas (air 1951 sc 69) (supra), .....

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Sep 07 1976 (HC)

Swami Indradevanand Guru Swami Shri Parmanandji Vs. the State of M.P. ...

Court : Madhya Pradesh

Decided on : Sep-07-1976

Reported in : AIR1977MP102

..... regulate and to make better provisions for the administration of public, religious and charitable trusts in madhya pradesh. the act consists of six chapters having 38 sections. chapter i refers to the short title, extent and operation of the act and definitions. section 2 (4) defines 'public trust' as an express or constructive trust for a public, religious or charitable purpose ..... and includes a temple, a math, a mosque, a church, a wakf or any other religious or charitable endowment and a society formed for a religious or charitable purpose, 'register' is defined in sub-section (5) meaning a register maintained under sub-section (2) of section ..... 3 of the act, sub-section (6) of section 2 defines 'registrar' as registrar of public trusts, indicated under section 3 (1) of the act. chapter ii consisting of sections 3 to 12 deals with registration of public trusts. under section 3 (1) the collector shall be the registrar ..... the registrar has to maintain a register of public trusts under sub-section (2) of section 3. he has also to maintain such other books and registers and in such form as may be prescribed. the 'working trustee', who is defined in section 2 (9) of the act as a person who for the time being either alone or in .....

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Feb 21 1976 (HC)

The 'Ad Hoc' Committee, the Indian Insurance Company Association Pool ...

Court : Madhya Pradesh

Decided on : Feb-21-1976

Reported in : AIR1976MP164

..... died. only moderate and conventional sums are awarded under these heads. in our opinion, a sum of rs. 500/- would be the amount which the claimants can get under section 2 of the act in our estimate, therefore, the claimants are entitled to get in all rs. 9,471/- as compensation. as earlier stated, the tribunal has awarded a sum of rs. 9 ..... narendra kumar jain (3-4-o.p.w. 4) who is the owner of the petrol depot from where petrol was taken in a can by lallu. the witness is definite that at the time when the vehicle started after taking petrol, satyanarayan was on the steering wheel and lallu was sitting beside him in the front. it is clear from ..... function of the state as it has been traditionally understood.'13. applying the principle of these cases to the facts of the instant case, we are of opinion that the medical relief work undertaken by the state through the primary health centre, nainpur, in which the vehicle in question was engaged at the time when the accident happened, is not a ..... are not included in the traditional sovereign functions.the case of hospital mazdoor sabha is a direct authority on the point that the activity of running government hospital for giving medical relief to citizens is not a sovereign function in the traditional sense. in state of rajasthan v. mst. vidhyawati, air 1962 sc 933 the accident happened when a jeep car .....

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Sep 24 1976 (HC)

Rama Rao and ors. Vs. Shantibai and ors.

Court : Madhya Pradesh

Decided on : Sep-24-1976

Reported in : AIR1977MP222; 1978MPLJ20

..... the recent house of lords' decision in director of public prosecutions v. schildkamp (1969) 3 all er 1640 reiterates that the heading of a provision can definitely be used as an aid to construction even though its use is limited. 9. the plain and unambiguous language of the two provisions; the deliberate departure made ..... by a number of high courts to include a decision on merits. i entirely agree with this conclusion. 37. in subramania othuvar v. munusa-miya pillai air 1916 mad 897 (1) it was held that where the plaintiff has closed his case, and there is evidence which, if rebutted, would prove his case, it ..... case where the hearing is adjourned at the instance of a party for some one or other of the purposes specified by rule 2 and the party fails to perform the act or acts during the time allowed by the court. but cases are bound to happen when the party fails to appear in person and ..... there is any doubt in the interpretation the words in the section, the heading cer-tainly helps us to resolve that doubt.' it is this limited use permitted by the supreme court that we make of the ..... 10th edn., gives the scope of the user of such a heading in the interpretation of a section thus, at p. 50: 'the headings prefixed to sections or sets of sections in some modern statutes are regarded as preambles to those sections. they cannot control the plain words of the statute but they may explain ambiguous words'. if .....

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Oct 20 1976 (HC)

Sudarshan Finance Corporation and ors. Vs. the State of Madh. Pradesh

Court : Madhya Pradesh

Decided on : Oct-20-1976

Reported in : AIR1977MP74; 1977MPLJ74

..... .' in section 2 (2) of that act, 'chit' is defined as follows:--' 'chit' means a transaction whether called chit fund, chit, kuri, or by any other name, by which its foreman enters into an agreement with a number of subscribers that every one of them shall subscribe a certain sum or a certain quantity of grain by instalments for a definite period and that each ..... obliged to take the chit value as per rules of the company. essentially, therefore, this scheme is one of a prize competiuon, which does not involve skill in any substantial degree, and cannot, therefore, constitute 'trade, commerce or intercourse' within the meaning of article 301 of the constitution. in state of bombay v. r. m. d. c , air 1957 sc 699 ..... , c. j., speaking for the court, held:--'a competition in order to avoid the stigma of gambling must depend to a substantial degree upon the exercise of skill. therefore, a competition success wherein does not depend to a substantial degree upon the exercise of skill is now recognised to be of a gambling nature.'in that case, the supreme court considered the ..... and 5 that the prohibitory and penaj provisions relate to 'money circulation scheme'. the main and principal definition, therefore, is that of 'money circulation scheme' in section 2 (c). it is this definition, which has to be read first. the expression 'money circulation scheme', includes a 'chit'. this is permissible. see municipal council, raipur v. state of m. p. air 1970 sc 1923. .....

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Mar 02 1976 (HC)

Ramswarup Gupta Vs. Madhya Pradesh State Co-operative Marketing Federa ...

Court : Madhya Pradesh

Decided on : Mar-02-1976

Reported in : AIR1976MP152; (1977)ILLJ271MP

..... rules. however, if there is no such rule or statutory provisions regarding the terms of employment of a particular employee, the same will be definitely governed by the general law of master and servant and since it will not be a case of breach of any statutory provision or failure to ..... his decision shall be binding on the society and its employees.' (underlining is ours).* thus, when according to the rules framed under section 55 (1) of the act or directions issued by the registrar in exercise of powers thereunder, there are provisions governing the terms of employment of any servant of the ..... is apparent that, as observed by us ear-lier, a co-operative society registered under the provisions of madhya pradesh co-operative societies act does not fall within the definition of the term 'other authorities' as stated in article 12 of the constitution and is not a statutory body. therefore, it ..... 12-12-1975 of the supreme court in civil appeal no. 1543 of 1974 = (since reported in air 1976 sc 888), (executive committee of vaish degree college, shamli v. lakshmi narain) also supports the aforesaid view.4. as regards the second question whether a writ of mandamus, direction or order can ..... employment by the society or class of societies. the provisions of section 55, sub-section (1) of the m. p. co-operative societies act contain a mandate that the society shall comply to such rules or orders issued by the registrar. section 55 (2) provides a forum for deciding a dispute regarding the terms of .....

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Mar 25 1976 (HC)

Parmanand JaIn Vs. Firm Babulal Rajendra Kumar JaIn and anr.

Court : Madhya Pradesh

Decided on : Mar-25-1976

Reported in : AIR1976MP187

..... the business of moneylending. in order to prove that a man is a moneylender, it is necessary to show some degree of system and continuity in his moneylending transactions'. referring to the definition of moneylender in our act, the supreme court in gajanan v. brindaban, air 1970 sc 2007 observed as follows:'there is a long catena ..... . the next question to be considered in this appeal is about the plaintiff'sright to recover from the defendant babulal duty and penalty paid under section 35 of the stamp act on ex. p-1. we have already stated that the defendants raised an objection that ex. p-1 was a bond and that being ..... to examine the merits of the prayer for instalments made by the learned counsel. it would, however, be open to the defendants to apply under sub-rule (2) of order 20, rule 11 for grant of instalments. under a local amendment of this sub-rule, instalments can be allowed without the consent of the decree ..... theend of the body writing. further, the body writing when compared with the signature appears to be in a different ink, the paper of ex. d-2 is torn from the top. the appearance of the document supports the case of the plaintiff that the receipt was scribed on a piece of paper which was ..... amount of the bond included interest to which the plaintiff was not entitled as he never sent annual accounts to the defendant as required under the law.2. the trial court held that no cash was advanced to the defendants on 24th november 1967, and that the amount of rs. 9,081 was found .....

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Nov 10 1976 (HC)

Amritlal Vs. Keshriprasad Bilaiya and anr.

Court : Madhya Pradesh

Decided on : Nov-10-1976

Reported in : AIR1978MP76

..... the year 1-875 must have considerably changed by the time the suit came to be instituted. for these reasons, even if there had been more definite des-cription of boundaries on all the sides, it would have been difficult to say only on the strength of boundaries that the tank in suit ..... the defendant.5. the settlement operations of 1891-92 and 1906-07 were undertaken under the land revenue act of 1881. under sections 78 and 83 of that act which correspond to s. 80 of the land revenue act of 1917, the entries made in settlement become binding if not set aside within one year; [secy. ..... also produced ex. p-4, a commendatory letter dated 1st aug., 1877 issued by the commissioner, jabalpur, in this letter, the commissioner has appreciated the act of param bilaiya in constructing a chah. the plaintiff's contention is that the chah referred to in this letter is the tank in suit which was ..... where their lordships expressed themselves as under:'but the doctrine that 'possession follows title' is well established: see per maule, j., in jones v. chapman, (1349) 2 ex 803 at p. 821 and the remarks of lord blackburn in bristow v. cormican, (1878) 3 ac 641 at p. 661. so while lands are submerged, ..... which the former owner stands towards the land, as well as to the acts done by the alleged dispossessor.'' it is impossible' says lord halsbury in marshall v. taylor, (1845) 1 ch 641, 'to speak with exact precision about the degree of possession or dispossession that will do', unless you have regard, as lord .....

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Sep 24 1976 (HC)

Ramkishan Agarwal and anr. Vs. the Collector, Jabalpur and ors.

Court : Madhya Pradesh

Decided on : Sep-24-1976

Reported in : AIR1977MP21

..... company, or any co-operative society or any government society; and (f) price of goods purchased by such debtor,7. by amendment act no. 29 of 1976, section 5-a has been introduced, which provides for penalties, (1) no creditor shall refuse to return or re-deliver possession to the debtor ..... state government is empowered to extend the said period of suspension by a further period not exceeding one year at a time.6. section 6 provides for exceptions. the act does not apply to (a) any rent in respect of property let out to such debtor; (b) any liability arising out ..... one of the directive principles of state policy as follows:--'the state shall promote with special care the educational and economic interests of the weaker sections of the people and in particular, of the scheduled castes and the scheduled tribes, and shall protect them from social injustice and all forms ..... or two hectares of unirrigated agricultural land and who cultivates personally such land.' from these definitions, it can clearly be seen that the persons who have been afforded the statutory protection constitute a very weak section of the society. their means are evidently negligible. such persons are presumably unable to pay ..... of the property pledged or mortgaged by him, which stands released or redeemed in favour of such debtor under the act. (2) a creditor is .....

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Apr 23 1976 (HC)

Virendrasingh Bhandari and ors. Vs. Nandlal Bhandari and Sons P. Ltd.

Court : Madhya Pradesh

Decided on : Apr-23-1976

Reported in : [1979]49CompCas532(MP)

..... . mehta, learned counsel for the company relies equally on all the above decisions as does mr. modi on behalf of the petitioners. mr. mehta, however, also argues that section 443(2) of the companies act should be kept in mind so that if there be an efficacious alternative remedy available to the petitioners then a winding-up action, being the last resort, should ..... of loch's case [1924] ac 783 (pc). some useful extracts from this decision are as follows (pp. 105, 106);'the principle of ' just and equitable ' clause baffles a precise definition. it must rest with the judicial discretion of the court depending upon the facts and circumstances of each case. these are necessarily equitable considerations and may, in a given case ..... not be permitted. there can be no quarrel with this proposition but then the significance of section 443(2) of the act is also limited to the extent of examining the case from a prima facie angle at this stage as stated earlier.21. mr. mehta has referred to in re ..... (f) of the english companies act, 1948, is in terms identical with the indian counterpart, section 433(f). it is now well established that the sixth clause, namely, 'just and equitable', is not to be read as being ejusdem generis with the preceding five clauses. while the five earlier clauses prescribe definite conditions to be fulfilled for the one or the other to .....

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