Skip to content

Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: madhya pradesh Year: 1980 Page 1 of about 9 results (0.079 seconds)

Jan 01 1980 (HC)

Ramesh Chemical Industries Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Decided on : Jan-01-1980

Reported in : 1992(40)ECC199; 1980(6)ELT598(MP); 1980MPLJ479

..... , and put on every bag and bills the specific wording 'not for medical use'. the view taken by the asstt. collector and the appellate collector is that repacking of glucose done by the petitioner amounted to 'manufacture' within the definition as contained in section 2(f)(iii) of the act and the petitioner was liable to pay excise duty under tariff item no. 14-e ..... of schedule 1. the question before us is whether the view so taken by the asstt. collector and the appellate collector is correct in law.3. section 2(f)(iii) reads as follows:'(f ..... -b. patent or proprietary medicine within tariff item no. 14-e must be a drug or medicinal preparation. there is no definition of 'drug' contained in the act. 'drug' is, however, denned in section 3(b) of the drugs and cosmetics act, 1940 as follows:'(b) drug includes-(i) all medicines for internal or external use of human beings or animals and all substances ..... to use the name or mark with or without any indication of the identity of that person.explanation ii.- 'alcohol', 'opium', 'indian hemp', 'narcotic drugs' and 'narcotics' have the meanings respectively assigned to them in section 2 of the medicinal and toilet preparations (excise duties) act, 1955.'4. a reading of the aforesaid provisions will show that in relation to patent or proprietary medicines .....

Tag this Judgment!

Aug 12 1980 (HC)

Mitthulal and ors. Vs. Badri Prasad and ors.

Court : Madhya Pradesh

Decided on : Aug-12-1980

Reported in : AIR1981MP1

..... suit. it may be partly preliminary and partly final.'by amending act no. 104 of 1976 the definition has been modified by excluding the orders passed under section 47 to be decrees. the important elements of decree are (i) formal expression of an adjudication; (ii) adjudication on the rights of the parties with regard to ..... his lordship also referred to the full bench decision in ramcharandas's case (air 1945 lah 298) (fb) (supra) and in niranjannath's case (air 1916 lah 245) (fb) (supra). after referring to these two decisions his lordship laid down as follows:--'it seems to me that the distinction drawn in these ..... order in question in that decision that their lordships construed to mean it as a decree.23. as held in niranjan nath v. hussain, air 1916 lah 245 (fb) when a court passes a purely formal order recognising the abatement which is a fait accompli such an order, though virtually disposing of ..... has been made. one of the cases relied upon is the full bench case of the lahore high court in niranjan nath v. afzal hussain (air 1916 lah 245) (fb) (supra). so this ruling cannot be an authority for the proposition that all orders of the abatement amount to decrees and they ..... the plaintiffs to the surviving plaintiffs, there is final adjudication of the rights of the parties and the order amounts to decree [niranjan nath v. afzal hussain, air 1916 lah 245 (fb); mt. laxmi v. ganpat, air 1921 nag 23; venkatakrishna v. krishna, air 1926 mad 586 (fb); rampal singh v. abdul hamid, .....

Tag this Judgment!

Aug 14 1980 (HC)

Budha Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Decided on : Aug-14-1980

Reported in : AIR1981MP151

..... be made where death has resulted from the accident by or anyone of the legal representatives. the term 'legal representatives' has been explained in section 2(11) of the code of civil procedure and it is provided:''section 2. definitions:-- in this act, unless there is anything repugnant in the subject or context:--(11) 'legal representative' means a person who in law represents the estate of ..... claim compensation for the death was for the first time conferred by the fatal accidents act and this right accrued for the benefit of the persons named in the fatal accidents act, itself.16. as abserved earlier even the definition of the term 'legal representatives' as provided in section 2(11), c. p. c., does not confer a right on any person nor it creates ..... contemplated. this question was considered by a division bench of this court in 1970 acc cj 1: (air 1971 madh pra 145) (supra):'thus the definition of the term 'legal representative' as it now stands in section 2(11) of the civil procedure code, cannot be narrowed down to mean the legal heir alone. it is also significant that the right to claim compensation has ..... make an application for claiming compensation. what has been provided in the motor vehicles act is only as to the person who could make an application and the phrase 'legal representatives' has been used. but it is clear from the definition of the term 'legal representatives' as provided in section 2(11) of the code of civil procedure that it does not confer any .....

Tag this Judgment!

Sep 05 1980 (HC)

Purushottamlal Kaushik Vs. Vidyacharan Shukla

Court : Madhya Pradesh

Decided on : Sep-05-1980

Reported in : AIR1980MP188; 1980MPLJ644

..... of his appeal shri agrawal contends that the suspension was only of execution of the sentence but not of the disqualification resulting automatically therefrom by virtue of sub-section (2) of section 8 of the act.8. in reply, shri rajendra singh, learned counsel for the respondent, advanced arguments in the alternative. his primary contention is that even though the crucial date for ..... person convicted of an offence punishable under section 153a or section 171e or section 171f or sub-section (2) or sub-section (3) of section 505 of the indian penal code (45 of 1860), or under the prevention of civil rights act, 1955 (22 of 1955) or under section 125 or section 135 or clause (a) of sub-section (2) of section 136 of this act shall be disqualified for a period of ..... between these two grounds, that he decided to give up the petitioner's case based on the ground contained in section 100(1)(a) of the act. learned counsel for the petitioner also contended that sub-section (2) of section 8 of the act results in automatic disqualification of a person for being chosen to fill a seat from the date of his conviction for ..... is no option any construction which renders a provision redundant has to be rejected. it is also significant that provisions analogous to sub-sections (2) and (3) of section 8 in substantially same terms are continuing in the r. p. act, 1951, laying down the disqualification on conviction making an exception only in case of sitting members, in spite of several amendments in .....

Tag this Judgment!

Feb 04 1980 (HC)

Commissioner of Sales Tax Vs. Esso Standard Refining Co. of India Ltd.

Court : Madhya Pradesh

Decided on : Feb-04-1980

Reported in : [1980]46STC216(MP)

..... it is not disputed, 'petroleum' having its flashing point below seventy-six degree fahrenheit and, hence, it is covered by the definition of 'petrol', as contained in section 2(i) of the motor spirits act. it, therefore, falls within the definition of 'motor spirit' as defined by section 2(h) of that act as by that definition 'motor spirit' includes petrol. as held by the supreme court in income- ..... that esso solvents nos. 1425, 3040 and 2445 fall within the purview of the definition of 'petroleum' as defined by section 2(a) of the petroleum act, 1934. but the board has found that neither esso solvent no. 3040 nor no. 2445 has a flashing point below seventy-six degree fahrenheit. in view of this finding, the learned counsel for the commissioner conceded ..... those which are liable to tax under the madhya pradesh sales of motor spirit and lubricants taxation act, 1957.under the taxation act, 1957, i.e., the motor spirits act, tax is levied on 'motor spirit' as defined by section 2(h) of the motor spirits act. that definition is as follows:'motor spirit' means any substance which by itself or in admixture with other ..... . the contention cannot be upheld in view of the clear language used in section 2(h) of the motor spirits act. 'petrol' as defined by section 2(i) of that act, diesel oil and other internal combustion oils are brought within the purview of 'motor spirit' by including those things in the definition of 'motor spirit'. as regards other substances, the test furnished by the .....

Tag this Judgment!

Sep 25 1980 (HC)

Banwarilal Vs. EdwIn Bhagirathi and anr.

Court : Madhya Pradesh

Decided on : Sep-25-1980

Reported in : AIR1981MP116

..... benefit of another person, which arises as a result of a manifestation of an intention to create it. our definition of 'trust' as given in section 3 of the indian trusts act, 1882 is nearer to this definition. it defines 'trust' as follows:'a 'trust' is an obligation annexed to the ownership of property, ..... indian disciples is engaged in propagating a particular faith and in imparting free education to the poor. charitable hospitals have been established to afford free medical assistance to needy persons. the property purchased in india is being used for such purposes. subscription is raised both abroad as also in india to ..... burden of the government. lord macnaghten in pemsel's case 1891 ac 531 classified charity under four heads: (i) trusts for the relief of poverty, (ii) trusts for the advancement of education, (iii) trusts for the advancement of religion and (iv) trusts for the purposes beneficial to the community not falling ..... of christian church disciples was registered as a company. this i.c.c,d.c. was the defendant in the suit and is respondent no. 2 here. the other defendant in the suit (respondent no. 1) is edwin bhagirathi who was sued as secretary of the i.c.c.d.c ..... is by the plaintiff whose suit for possession and mesne profits of a bungalow known as ashley bungalow and appurtenant plot situate in bilaspur has been dismissed.2. sometime in the year 1912 in u.s.a., two bodies by names christian women board of mission, america, and foreign christian missionary society, .....

Tag this Judgment!

Jan 17 1980 (HC)

New India Assurance Co. Limited Vs. Dalbir Singh Khera

Court : Madhya Pradesh

Decided on : Jan-17-1980

Reported in : (1982)ILLJ39MP; 1980MPLJ587

..... . it will also, therefore, be a case of termination of the service on the ground of continued ill-health of the workman and will be outside the definition of retrenchment contained in section 2(oo) of the act.6. the petition is allowed. the impugned order of the labour court is quashed. the petitioner will get costs of this petition from respondent no. 1 ..... article 226 of the constitution the petitioner, the new india assurance co. ltd., challenges the order of the labour court, jabalpur, dated 29th october, 1977 passed under section 33c(2) of the industrial disputes act, 1947.2. the respondent dalbir singh was in petitioner's employment as a development officer. the respondent was posted at chhindwara. on 5th february, 1975 he was transferred from ..... management will have no option but to remove the name of the respondent from the rolls of the company. in response to this letter, the respondent did not send any medical certificate. he only wrote a letter dated 14th december, 1975 for extension of sick leave upto 4th january, 1976. another letter was then sent by the respondent on 3rd january ..... went on sending letters for leave and extension of leave. by letter dated 24th, october, 1975 (annexure 12) the senior area manager of the petitioner intimated the respondent that the medical certificate submitted in support of absence expired on 14th october, 1975 and still the respondent had not reported for duty. it was also mentioned in this letter that the management .....

Tag this Judgment!

Feb 01 1980 (HC)

Dayaramsingh Vs. the State of M.P.

Court : Madhya Pradesh

Decided on : Feb-01-1980

Reported in : 1981CriLJ530

..... any other part of his body, nor was he suffering from any disease. in para 9 he again made a vacillating statement that he was definite that in this particular case the man must have been in all probability,: died instantaneously. we have carefully considered his evidence and find i1 vascillating and ..... in the f.i.r., when there is direct oral testimony on this point, it could not be rejected on the ground that it is not supported by medical evidence.29. in this connection, reference may be made to (bajwa v. state of u.p. : 1973crilj769 and (karanailsingh v. state of punjab : 1971crilj1463 ..... we find no substance in this appeal,33. for the reasons given above, the appeal fails and is hereby dismissed. conviction of the appellant dayaramsingh under section 302 of the i. p. c, with sentence of imprisonment for life is confirmed. his bail bonds are cancelled. he should surrender to his bail ..... of nature to cause death. we find no support for the contention of shri gupta that it was a sudden quarrel or that the appellant acted in exercise of right of defense of person. the appellant, duly armed went to the deceased who was unarmed and mere exchange of abuses between ..... appeal, the appellant dayaramsingh has challenged his conviction under section 302 of the i.p.c. for which he was sentenced to undergo imprisonment for life.2. along with the appellant, four other accused viz., harisingh, ajmersingh, ramswaroop and kaptansingh were also prosecuted under sections 147 and 302/149 of the i.p.c. .....

Tag this Judgment!

Jun 27 1980 (HC)

J.N. Shrivastava Vs. Rambiharilal and ors.

Court : Madhya Pradesh

Decided on : Jun-27-1980

Reported in : AIR1982MP132

..... genuine document.history : intermittent attack of pain in the right hypochondriac, lumber and iliac region for last four years. vomiting occasional. jaundice nil. occasional temperature in low degrees, complaint : (i) pain all over abdomen-- 2 days, (ii) running menstrual period-- 1 day. present illness : patient complained of vague pain all over the abdomen since last two days. occasionally the pain be-comes exaggerated ..... acute appendicitis. he, therefore, advised surgical operation of appendectomy.3. rambeharilal and his wife were at first hesitant for an operation. they had their consultations with friends- even the district medical officer, umaria, dr. mishra, was consulted on phone. dr, mishra was of the opinion that surgical operation was not imminent as 48 hours had passed and the pain had subsided ..... making the incisions on plaintiff's body, discovered conditions which neither party had anticipated, and which the defendant could not reasonably have foreseen, and that in removing the testicle he acted in the interest of his patient and for the protection of his health and possibly his life. the removal i find was in that sense necessary, and it would be ..... fiction, to put consent altogether out of the case, where a great emergency which could not be anticipated arises, and to rule that it is the surgeon's duty to act in order to save the life or preserve the health of the patient; and that in the honest execution of that duly he should not be exposed to legal liability .....

Tag this Judgment!

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //