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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: madhya pradesh Year: 1986 Page 1 of about 22 results (0.073 seconds)

Apr 08 1986 (HC)

Omkarlal Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Apr-08-1986

Reported in : 1987CriLJ1289

..... state of mind. the expression 'incapable of knowing the nature of the act' will include the incapacity to know the consequences of the act. what may be termed legal insanity under section 84 of the penal code, is not identical with medical insanity. a distinction must be made between insanity affecting the cognitive faculties of ..... such as rests upon a plaintiff or defendant who is required to prove an issue in a civil proceeding.8. therefore, all that section 105 of the evidence act means is that it is the duty of the accused to introduce such evidence as will displace the presumption of the absence of circumstances ..... accused bearing the burden of bringing the case within the statutory exception the prosecution is not absolved from the burden laid on it under section 102 of the evidence act.9. keeping the herein above noted settled principles in mind, on examination it is found that the defence has brought out certain facts ..... no knowledge about the facts asked. he also examined, to prove the factum of insanity, imrat singh solanki (d.w.i), gajanand sharma (d.w. 2) and radheshyam (d.w, 3) in his defence,5. the learned trial judge has held in the impugned judgment that the prosecution has proved its case ..... and delivering the judgment in court of criminal appeal in england:everyman is presumed to be same and to possess a sufficient degree of reason to be responsible for his acts unless the contrary is proved. to establish insanity it must be clearly proved that at the time of committing the .....

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Nov 27 1986 (HC)

Ambalal Vs. Anna and ors.

Court : Madhya Pradesh

Decided on : Nov-27-1986

Reported in : II(1987)ACC131

..... s c. 1331 it has been held that when sub-section (6) of section 96 of the act talks of avoiding liability in the manner provided by sub-section (2) it necessarily refers to the defences under sub-section (2) and it cannot be said that in enacting sub-section (2) the legislature was contemplating only those defences which were based ..... that in the instant case the owner and the driver of the truck having not contested the claim, the insurer, as provided under section 110-c(2-a) of the act, had a right to contest the claim on all or any of the grounds available to the insured and his driver.13. on ..... accident had occurred due to the negligence of the truck driver and awarded compensation in the sum of rs. 10,750/- inclusive of loss of pay and medical expenses. interest @ 6% p.a. has been awarded from the date of award.7. aggrieved by the award the claimant and the insurer both have ..... appeal no. 226 of 1984 (oriental fired: general insurance co. v. ambahl and ors.) which is by the insurer.2. this appeal under section 110-d of the motor vehicles act, 1939 (for short 'the act') is directed against the award dated 29-3-1984 made by the member, 1st additional motor accidents claims tribunal, indore ..... view the gravity of the injury, loss of enjoyment and degree of deprivation.22. the contention of the learned counsel for the appellant ambalal is that in the instant case according to the medical evidence, the shortning of leg is by 1/1-2 inch and the permanent disability is 17%. it has further .....

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Sep 30 1986 (HC)

Munnalal Vs. Sardar Kartar Singh and anr.

Court : Madhya Pradesh

Decided on : Sep-30-1986

Reported in : I(1987)ACC224

..... under the circumstances, this court would not be able to help the appellant while exercising its powers under section 30 of the act. even otherwise, the claim does not appear to be justified. discharge ticket from the medical college (ex. p 1) relates to one munnalal of aged about thirty years. no one unfortunately ..... he was also not entitled to any compensation. that is how the claim was dismissed and the matter is before this court.3. section 30 of the workmen's compensation act permits this court to entertain and decide an appeal only if it gives rise to a substantial question of law and not otherwise. ..... times by different persons, there appears to be no justification for holding that it was accidental omission. nothing prevented the appellant from examining someone from medical college, who could depose that the certificate related to munnalal, son of chhotelal. munnalal, son of chhotelal gave his evidence on 22-4 1981 ..... his truck no. mpj 9695 and suffered an accidental injury on 28-1-1980 as a result of which he get his cervical spine injured. he claims to have been admitted at the medical college, ..... g.c. gupta, j.1. this is an appeal under section 30 of workmen's compensation act challenging order dated 30-11-1981 passed by the commissioner for workmen's compensation, jabalpur in case no. 40 of 1980.2. appellant munnalal, son of rooplal claimed to be an employee of respondent no. 1 in .....

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Apr 11 1986 (HC)

Kailashchandra Vs. Harbans Singh Chabra and ors.

Court : Madhya Pradesh

Decided on : Apr-11-1986

Reported in : 1987CriLJ1423

..... 120b read with section 161, penal code cannot justify his act of receiving bribe as an act done by him by virtue of the office that he held.11. in the present case, it ..... said ventilator closed.3. on service of summons, the non-applicant harbans singh raised a preliminary objection as to want of sanction as required under section 197(1)(b) of the code against cognizance of offences being taken against, him. the learned trial magistrate sustained the objection and hence this ..... for action under the code in respect of offences under sections 448,219,219/109, 506 and 427/34,i.p.c. on the ground that the said harbans singh in collusion with the ..... , 1973 (for short 'the code') cognisance of offences cannot be taken against the non-applicant harbans singh chhabra, tahsildar badnawar, district dhar.2. the circumstances giving rise to the petition are these. the applicant filed a criminal complaint against the non-applicant harbans singh and three others ..... medical officer act or purport to act as a public servant in picking the pocket of a patient whom he is examining, though the examination itself may be such an act. the test may well be whether the public servant if challenged, can reasonably claim that what he does, he does in virtue of his office. a public servant charged with an offence under section .....

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Oct 20 1986 (HC)

Dr. R.P. Dhanda Vs. Bhurelal and anr.

Court : Madhya Pradesh

Decided on : Oct-20-1986

Reported in : 1987CriLJ1316

..... damaged as a consequence and is now being diagnosed as 'myopic'. the loss is seemingly irreparable. and this should occasion at the hands of a medical practitioner of your standing and repute is certainly an issue causing grave concern. the grievous hurt to the eye is caused by the operation. the operation ..... liability thereunder arises only when the offender does the act so rashly or negligently as to endanger human life or the personal safety of others and thereby grievous injury is caused. rashness and negligence for the purposes of the section must be of such a degree as to sustain a finding of criminal liability as ..... so as to give rise to criminal liability.18. in the instant case, the non-applicant bhurelal in addition to himself, has examined suresh (p. w. 2) an agriculturist and virendra singh (p. w. 3) who is engaged in soap business. their evidence shows that the non-applicant no. 1 had consulted ..... non-applicant bhurelal not being satisfied with the operations in which according to him the petitioner was involved, served him with a lawyer's notice dated 23-2-82 (vide ex. p/1). in para 6 thereof, it has been stated as under:my client's vision of the eye stands completely vitiated. ..... of the code of criminal procedure 1973 (for short 'the code') a direction has been issued to register a case under sections 338 and 420, ipc against the petitioner.2. circumstances giving rise to the petition are these. the non-applicant no. 1 bhurelal suffered from trouble, in his right eye. the .....

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Jan 07 1986 (HC)

Mittal Ice and Cold Storage Vs. Commissioner of Income-tax

Court : Madhya Pradesh

Decided on : Jan-07-1986

Reported in : (1986)52CTR(MP)123; [1986]159ITR18(MP)

..... justified in law in rejecting the assessee's claim for investment allowance under section 32a(2)(b) of the income-tax act, 1961, by holding also that the definition of the word 'manufacturing process' i.e., undergoing a change as a result of cold storage operation, given in section 2(k) of the factories act, 1948, will not be imported for the purpose of allowing investment allowance ..... name, character or use.'8. in commissioner of sales tax v. dr. sukh deo, : [1969]1scr710 the question for consideration was whether the preparation of mixture of drugs by a medical practitioner amounted to a manufacture of medicines. the supreme court held that when a mixture of different drugs is prepared by a ..... medical practitioner for the use of his patient/that mixture is normally incapable of being passed on from hand to hand as a commercial commodity and the medical practitioner cannot be held to have manufactured the mixture. it is true that the aforesaid decisions do ..... not deal with the provisions of the income-tax act and the decisions rendered with reference to construction of one act cannot be applied with reference to the provisions of another .....

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Mar 14 1986 (HC)

New India Assurance Co. Ltd. and ors. Vs. Smt. Shakuntalabai and ors.

Court : Madhya Pradesh

Decided on : Mar-14-1986

Reported in : AIR1987MP244; 1987MPLJ719

..... first appellant, the insurer, may not be heard as his defences are circumscribed, limited to those inscribed in sub-section (2) of section 96 of the motor vehicles act, 1939, for short, the 'act'. he has seriously contested shri dubey's forceful plea that the insurer is 'person aggrieved' within the meaning of ..... a defence in the action and it cannot be statutorily barred and has not been indeed barred expressly under section 96(2) or under any other provision embraced by ch. viii of the act. sub-section (2) envisages defences in a validly instituted or continued action : an action which is not still-born and ..... limit its operation, the exception was engrafted. nothing beyond that can, therefore, be read into the provision. the intent of the main enactment is definitely affirmative, positive and enabling in that it saves 'all rights to prosecute or defend any action' which are available to a person at the time ..... view that paramount consideration must be attached to the relevant statute and further that the instant case is not covered by the provisions of section 306, succession act and is also not hit by the common law maxim. i may only add that my enquiry will also demonstrate, as earlier alluded, ..... the claimants were entitled to be awarded compensation on the following counts :(a) for pain and suffering caused to thedeceased : rs. 10,000/- (b) for medical and other expenses : rs. 4,000/- (c) for loss of dependency, calculated atthe rate of rs. 3000/- per year for a period of8 years : .....

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Sep 27 1986 (HC)

Ramjidas Vs. Laxmi Kumar and ors.

Court : Madhya Pradesh

Decided on : Sep-27-1986

Reported in : AIR1987MP78

..... in occupation of any premises on the condition of paying rent. indeed, the definition of the term 'tenant' of tripura act is in pari materia with section 2(i) of the m.p. act, 1961 in as much as the only category of persons who are excluded from the definition are stated in both acts in exactly same terms -- 'shall not include any person against whom any ..... , is entitled to invoke the aid of rule 36 of order 21, c.p.c. in virtue of statutory entitlement ensured under section 12(1)(a) and section 13(5), read with clauses (b) and (i) of section 2 of the said act. that being the position, the executing court in the instant case, evidently exceeded its jurisdiction in rejecting the objection of the revisionist ..... . indeed, the non-petitioner had become his 'landlord' on and from 18-5-1978, namely, the date when he became 'entitled', in terms of section 2(b) of the said act, to receive the renf from the revisionist, who was in actual occupation of the premises on that date, albeit without a contractual lease. i quoteaccordingly not only clause (b), but ..... and ordering his eviction on the basis of a decree not passed against him under section 12(1)(a) of m.p. act, 1961. the impugned order must, therefore, be .....

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Jan 28 1986 (HC)

Dularibai and ors. Vs. Brij Mohan Khandelwal and ors.

Court : Madhya Pradesh

Decided on : Jan-28-1986

Reported in : 2(1986)ACC208

..... is not in the category of persons under section 1a of the said act.9. dulari bai (pw 1) stated that she is the widow of gajraj singh. in cross ..... 000/- was made as compensation. the claim was lodged on 10-10-79, when the limitation expired on 22-9-79. an application under section 5 of the limitation act for condonation of delay was also made by claimants.3. in their reply, the respondents submitted that the tractor is owned by respondent no. ..... tractor.8. another question to be seen is whether the appellants could file the claim in respect of death of gajraj singh. section 110-a of the motor vehicles act provides that an application for compensation may be made, where death has resulted from the accident by all or any of the legal ..... also fatal accidents act, if the claimants can demonstrate that they were dependent of the deceased. in this connection, my attention was drawn to shanker rao v. babulal fouzdar : air1980mp154 wherein it was held that a brother of a person met fatal accident could claim under section 2 of the fatal accidents act, if he ..... 2 to 4 are minors and have independent right to claim the claim made on their behalf cannot be held to be barred by limitation. the reason is that the claimant-widow cannot give a valid discharge under section 7 of the limitation act. it is well settled that section 6 of the limitation act is .....

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Oct 03 1986 (HC)

Nihal Singh Vs. Ram Bai

Court : Madhya Pradesh

Decided on : Oct-03-1986

Reported in : AIR1987MP126

..... to mean 'commerce; trade; sale or exchange of merchandise; bills, money, and the like'. thus, sale of any human being, man or woman, would definitely be 'traffic' in human beings which is constitutionally prohibited vide article 23. though such a transaction, when it takes place in respect of a woman, is ..... of madras, nagpur and lahore and has cited two more decisions. before i proceed to look at those decisions, i would extract below section 65 of the contract act, because judicial opinion on the interpretation of the provision is equivocal and not unanimous :'65. obligation of person who has received advantage under ..... the defendant had obtained rs. 4,000/-from the plaintiff fraudulently on the condition of supplying a dangi woman for her son. but invoking section 65 of the act, the court of appeal below affirmed trial court's decree, albeit relying on the decisions reported in p. r. srinivasa aiyar, air 1918 ..... .14. reliance was placed by shri mishra on the decision in bhure, air 1920 nag 157(2) which evidently supports the view taken in ledu's case, (air 1916 cal 266) (supra), holding that section 65 has no application to a case of a contract which embodies a purpose known to both ..... unfortunately not illegal in terms of the immoral traffic act, violation of constitutional injunction contemplated under articles 21 and 23 would still be evident in such a case. even if the transaction is sanctioned by .....

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