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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: madhya pradesh Year: 1983 Page 1 of about 8 results (0.152 seconds)

Apr 05 1983 (HC)

National Insurance Co. Ltd., Indore Vs. Bhagirath and ors.

Court : Madhya Pradesh

Decided on : Apr-05-1983

Reported in : I(1984)ACC101; AIR1984MP24

..... and reasonable compensation. being aggrieved the insurance company has come up in appeal.6. as the defences to the insurance company are limited under section 96 of the motor vehicles act, the only point urged on behalf of the insurance company in this appeal was that the appellant has discharged its burden to prove that the ..... accident the claimant has been disabled to some extent which has diminished his capacity to carry on the agricultural operations as before. thus, relying on the medical evidence as also the other evidence regarding the income of the claimant and after assessing the loss the learned member came to the conclusion that a sum of ..... he was treated in the m.y. hospital where he had to remain till 1-11-75. admittedly the said truck was owned by respondent no. 2 suchendranath and was insured with the appellant insurance company.3. the claimant claimed compensation mainly on the ground that as a result of the said accident there ..... 3, the owner and driver of the truck number mpe 344, though the claimant had put up a claim for rs. 22,300/- for compensation.2. facts giving rise to this appeal may be stated; in brief, thus: on 17-10-1975, at about 8 a.m. the claimant respondent ..... rajpal appeared on behalf of the claimant-respondent who contended that though a witness from the insurance company d.w. 2 p.p. bhandari has been examined to produce the copy of the insurance policy ex-d-2, he has not said a word that the said driver did not hold a valid licence. he also contended .....

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Jan 31 1983 (HC)

Gwalior Rayon Silk Mfg. (Wvg.) Co. Ltd. Vs. Commissioner of Income-tax

Court : Madhya Pradesh

Decided on : Jan-31-1983

Reported in : (1983)37CTR(MP)232; [1983]143ITR590(MP)

..... not revenue derived from land. in holding so, the privy council observed (p. 328):' the word ' derived ' is not a term of article its use in the definition (section 2(1) of the indian i.t. act, 1922) indeed demands an enquiry into the genealogy of the product. but the enquiry should stop as soon as the effective source is discovered. in the genealogical ..... second degree, but the immediate and effective source is rent, which has suffered the accident of non-payment. and rent is not land within the meaning of the definition.'8. this decision of the privy council was applied by the supreme court in mrs. bacha f. guzdar v. cit : [1955]27itr1(sc) . the word 'derived' in section 2(5)(i) of the finance act must ..... circumstances of the case, whether the tribunal was right in rejecting the applicant's claim that for the purpose of computing the tax deduction under section 2(5) of the finance (no. 2) act, 1962, in accordance with rule 2(3) of the income-tax (determination of export profits) rules, 1962, the direct incentives and benefits to which the applicant-company is entitled on exports ..... be similarly construed. applying the test laid down by the privy council, let us examine as to what is the source of the profits resulting from the import entitlements. in the genealogical tree of this income, import comes first and export appears in the second degree. the income arising from import .....

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Apr 11 1983 (HC)

Mahesh Medical and General Agencies Vs. Commissioner of Sales Tax and ...

Court : Madhya Pradesh

Decided on : Apr-11-1983

Reported in : [1983]54STC249(MP)

..... and 4th march, 1976, issued under section 12 of the act tax on leaf springs and medicines was reduced to 4 per cent. there was a doubt ..... therein turnover tax or surcharge, as the case may be, under section 7-b of the principal act as it stood, from time to time, after the said date, the notifications specified in ..... 1st may, 1977. under the new section 7-b nomenclature of tax has been changed from turnover tax to surcharge. section 12 of the sales tax act authorises the government to grant exemption in whole or in part from payment of tax under the act. the expression 'tax' is defined in section 2(q) to mean tax payable under the act. by notifications dated 28th march, 1969 ..... . 19 of 1979). it is the validity of this section which is challenged by the petitioners in all these petitions. section 16 is as follows :16. payment of turnover tax and surcharge in certain cases.-notwithstanding the fact that the expression 'tax' as defined in clause (q) of section 2 of the principal act as it stood on or after the 1st may, 1976, includes .....

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Mar 23 1983 (HC)

Govindji Jamunadas Vs. Commissioner of Sales Tax

Court : Madhya Pradesh

Decided on : Mar-23-1983

Reported in : [1983]53STC120(MP)

..... of iron and steel were taxable at the relevant time under entry no. 5 of part i of schedule ii to the state act. this entry was identical with clause (iv) of section 14 of the central sales tax act, 1956, which at that time read as follows :(iv) iron and steel, that is to say-(a ..... 1973] 32 stc 618. in this case the question was whether iron hoops were covered by the term 'iron and steel' as defined in section 14(iv) of the central act. the learned judges dissented from the view taken in hirji nainsee's case [1972] 29 stc 365 but they did not answer the question ..... and painted, there is change in the identity and the strips are transformed into a new commercial commodity. it is always a question of fact and degree as to when application of certain processes leads to manufacture or production of a new commodity. if the commodity which is subjected to the processes retains ..... should be taken to be explanatory of the section as it stood before its amendment. the statement of objects and reasons of the amending act show that the intention was to give a comprehensive list of declared iron and steel goods to remove the ambiguity, for the definition of 'iron and steel' as originally ..... enacted had led to varying interpretations. the supreme court in pyare lal malhotra's case [1976] 37 stc 319 (sc) looked at the amending act in order to find an indication of the original intention, because .....

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May 06 1983 (HC)

Mariam Bee Vs. Town and Country Development Authority

Court : Madhya Pradesh

Decided on : May-06-1983

Reported in : 1(1984)ACC227

..... respondent about the functions which the chowkidar was expected to perform, it could not be cotended that the deceased fall within the ambit of the definition of section 2(n) of the act.18. learned counsel for the respondent led much emphasis on the evidence of one shri pillay who was employed as an overseer. from his ..... the medical opinion on the basis of the post mortem examination clearly establishes that he died as a result of heart failure. it was, therefore, contended that the view taken by the learned commissioner that the deceased would not fall within the meaning of the word 'workman' as defined in section 2(n) of the act, is ..... may be an unfortunate state of affairs that people living below the poverty line in this country, there may be no occasion for them to get a medical examination and in such a situation, it may not be possible to produce any material, but it could not be doubted when it is not disputed ..... an existing disease if the work he is doing at or about the moment of the occurrence of the physiological injury or change contributes in any material degree to its occurrence. moreover, this is none the less true though there may be no evidence of any strain or similar course other than that arising ..... and it was held that he died of injury by accident arising out of and in the course of his employment. in that case, the expert medical evidence was that if a weaver suffering from heart disease works for about eight hours in a textile mill in ahmedabad in the month of june .....

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Feb 22 1983 (HC)

Bhagwani Bai Vs. Life Insurance Corporation of India, Jabalpur

Court : Madhya Pradesh

Decided on : Feb-22-1983

Reported in : AIR1984MP126

..... assured had rendered the contract of insurance void because of the aforementioned misrepresentation on the part of the assured. learned trial court recorded a definite finding that the non-disclosure of the above said fact was not a suppression of a material matter-and there was no reasons for us ..... dismissed the suit by holding that though the suppression of the facturn of lapsed policies was not of a material fact, yet under section 45 of the insurance act, the corporation was entitled to repudiate the contract of insurance within two years from the date the policy came into effect, on the ..... 1972 as the assured was suffering from diabetes and heart ailment. but it may he noted that the defendant corporation neither produced any of the medical reports nor the doctors who had examined the assured. this apart, the corporation gave up this plea of defence during the course of arguments ..... ' contract cannot be avoided merely on trivial and inconsequential misstatement or non-disclosure. in joel v. law union and crown insurance company (1908) 2 kb 853 it has been pointed out that to apply strictly the rigid rule of warranties even to the immaterial and inconsequential concealments is to throw ..... which he was bound to disclose while making the personal statement, with a view to obtain the fresh insurance policy, by fraudulent misrepresentation, and (ii) whether the concealment of this fact had any bearing on the risk undertaken by the corporation by insuring his life which if known to the .....

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Sep 16 1983 (HC)

Kaushalya Bai and ors. Vs. Simplex Metalics and ors.

Court : Madhya Pradesh

Decided on : Sep-16-1983

Reported in : 1(1984)ACC201

..... amount of damages to compensate the loss of dependency thus comes to rs. 96000/-.13. the claimants are also entitled to get damages under section 2 of the fatal accidents act for pecuniary loss to the estate of the deceased and also for pain and sufferings. in our opinion, a sum of rs. 4000/- as ..... , award a total sum of rs. 1,00,000 (one lac only) as damages payable to the appellants nos. 1 to 3 under sections 1a and 2 of the fatal accidents act. this amount of damages shall carry an interest of rs. 6/- percent per annum from the date of the application for damages, that is ..... regards the claim of the appellants, for the compensation of deceased amarjeet singh, the tribunal case to the conclusion that under the provisions of the fatal accidents act, 1955 only the parent, widow, husband, sons and daughters of the deceased, are entitled to claim compensation whereas the right to claim compensation by the ..... victoria hospital in the same fiat car by respondent no. 2 along with the witnesses manbhajan singh (a.w 5) later on amarjeet singh was removed to the medical college hospital, where he succumbed to his injuries next day.3. respondent nos. 1 and 2 did not dispute that the fiat car involved in the ..... accident belong to respondent no. 1 and at the relevant time it was driven by respondent no. 2. they also did not dispute .....

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Sep 19 1983 (HC)

State of Madhya Pradesh Vs. Bhama Devi and ors.

Court : Madhya Pradesh

Decided on : Sep-19-1983

Reported in : 1(1984)ACC245

..... of yearly dependency at rs. 9,600/. that too is reasonable. the tribunal has awarded rs. 1,000/- for medical expenses and rs. 5,000/ on account of pain and suffering and loss of expectation of life under section 2 of the fatal accidents act, 1855. the tribunal has deducted rs. 25,000/-, the amount received from insurance policy by the widow. the amount ..... going up a slope makes it reasonably possible that the speed of the motor cycle was moderate. the other side of the version is deposed to by laxman (d.w. 2) who is the driver of the jeep and badri prasad (d.w. 1) who is assistant district inspector of schools (a.d.i.s.) and who was also in the ..... .1. this is an appeal under section 110-d of the motor vehicles act, 1939, against an award in favour of the respondents on account of the death of one kailash kumar agarwal. the tribunal award a sum of rs. 1,53,000/- as compensation to the dependents who are the widow and children of the deceased.2. the accident giving to the .....

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