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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: madhya pradesh Year: 1986 Page 2 of about 22 results (0.096 seconds)

Jul 17 1986 (HC)

Premabai and ors. Vs. Hukum Chand

Court : Madhya Pradesh

Decided on : Jul-17-1986

Reported in : I(1993)DMC362; 1992(0)MPLJ60

..... , supported the impugned judgment and order and submitted that earlier judgments have been correctly held to be res judicata. as regards claim based on section 14 of the hindu succession act, the learned counsel submitted that since gangabai was not in actual physical possession of the property, she could not become full owner thereof.7 ..... and she represented it completely. the true nature and character of this right was described by the privy council in janki ammal v. narayanaswami aiyar, air 1916 pc 117, as under:-'her right is of the nature of a right of property, her position is that of owner, her powers in that character ..... over the property handed over* to her in lieu of her maintenance. indeed it would appear that civil suit no. 4-a of 1950 decided on 2.4-.1952 was the last litigation between the parties dealing with their rights inter se. since the law enacted subsequent to this decision has changed the ..... as a limited owner in the beginning 'and was, therefore, compelled to file the suit civil suit no. 4-a of 1950. the compromise dated 2.4.1982 recognised her right, as aforesaid. since gangabai was put in possession of the property in dispute in this civil suit as a limited owner, ..... of the appellants-plaintiffs to the present respondent and one sharda charan tiwari for rs. 15,000/- by sale-deed dated 28.4.66. later on 2.5.1967 the said sh. sharda charan tiwari transferred his half share in the suit house to the present respondent defendant. the present appellants filed this .....

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Feb 22 1986 (HC)

The Oriental Fire and General Insurance Co. Ltd., Agra and anr. Vs. Dh ...

Court : Madhya Pradesh

Decided on : Feb-22-1986

Reported in : AIR1987MP71; [1989]65CompCas783(MP); 1987MPLJ328

..... the view earlier taken. this, i saw reading para 6 of the report, in which i read no detailed reason for the view taken, which would definitely indicate that the point was not at all in issue. this is what i read :'the question that then remains is, as to what is the ..... i should revise my own view. shri singhal has placed reliance on clause (ii) of the proviso to sub-section (1)(b) of section 95 of the act, which is in the following terms:'provided that a policy shall not be required--(ii) except where the vehicle is a vehicle in which passengers are carried for ..... assurance co. ltd. v. kamparaju sunkamma), the view taken was that although claim by the legal representatives of an employee under section 110 of the motor vehicles act, 1939, for short, the 'act', was maintainable, the limit of liability of the insurance company, would be limited in its extent to that allowed under the workmen ..... injury sustained by such an employee, arising out of and in the course of his employment other than a liability arising under the workmen's compensation act. 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee.'the provision aforequoted explicitly accepts the requirement ..... a liability in terms thereto is fastened on the insurer, the extent of liability should not extend beyond what is provided in the workmen's compensation act. on the other hand, the provision evidently deals with the situation in which death or bodily injury to persons being carried in or upon or .....

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Aug 08 1986 (HC)

Union of India (Uoi) Vs. Balwant Kaur and ors.

Court : Madhya Pradesh

Decided on : Aug-08-1986

Reported in : 2(1986)ACC525

..... amount of compensation to the tune of rs. 5000/-.13. the learned counsel for the claimant-respondents also submitted that no compensation has been given for medical expenses as also, the journey expenses nor any compensation has been paid in respect of loss of consort and in support of his submission he placed reliance ..... denied their liability. they also denied that the deceased sustained fracture in the said accident though they did not dispute that the deceased died in bombay on 4-2-77.6. the learned member of the tribunal after considering the evidence and material on record placed by the parties, came to the conclusion that on the ..... and that the deceased could have very easily served upto the period of superannuation. the claimants after making the necessary calculations put up a claim for rs. 2,88,000/-.5. the respondents in their written statement did not dispute the factum of accident, but they contended that the deceased had no business to accompany ..... in the civil hospital at shajapur, wherefrom for further treatment he was shifted to kota and ultimately to bombay where he died in the hospital on 4-2-1977.3. the claimant-respondents, who are the legal representatives of the deceased being his widow and children filed the present claim petition on an allegation ..... p.d. mulye, j.1. this appeal filed under section 110-d of the motor vehicles act is directed against an award dated 31-10-81 given by the member, motor accidents claims tribunal, shajapur, in claim case no. 9 of .....

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Jan 27 1986 (HC)

imratlal Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Jan-27-1986

Reported in : 1987CriLJ557

..... the tearing of the hymen and the injury on the orifice of vagina was due to forcible penetration of the male organ. she expressed her definite opinion that the victim was raped and that there was penetration of male organ. no doubt, she was subjected to cross-examination, but the ..... be accepted. there seems to be no reason to reject the testimony of the prosecutrix, which stands well corroborated by the first information report and the medical evidence.6. sri dwivedi, learned counsel for the appellant, further contended that, admittedly, there is an enmity between the faction of the father of ..... . the learned trial judge has failed in his duty in not imposing a deterrent punishment on the appellant for this lusty and dastardly perverted sexual act. unfortunately, the state itself has not challenged the sentence and, in such a circumstance, it would not be just and proper to issue a ..... the testimony of dr. (smt.) megha moghe (pw. 9), jugru (pw. 1), her father, and the first information report lodged with regard to the act.5. sri n. p. dwivedi, learned counsel for the appellant, has contended that bhabhuti (pw. 7), to whom the incident was immediately narrated by the ..... appellant, aggrieved by his conviction under section 376, penal code, recorded by the sessions judge, shivpuri, in session trial no. 54 of 1979, judgment dated 12-11-1979, has preferred this appeal. the appellant has been sentenced to undergo rigorous imprisonment for three years only.2. brief facts are that in village .....

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Oct 29 1986 (HC)

Padmabai Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Oct-29-1986

Reported in : 1987CriLJ1573

..... the commission of suicide by mst. sunita, it may, at first, be observed that, considering the definition of 'abetment of a thing' as given in section 107 of the i.p.c. the scope of the offence under section 306 ibid for abetment of suicide is quite within a narrow compass. it would be evident on plain ..... at the relevant place where mst. sunita was found lying dead, with 100% burns over her body. in this connection, it is also argued that the medical evidence on record, as it is, does not clinchingly exclude the possibility of accidental death. as regards the admissibility of the particular letters exs. p-4 to ..... . there is further incidental evidence to show the cordial relations between the deceased mst. sunita and her mother-in-law viz, the appellant-accused p.w. 2 girdharilal and p.w. 7 hariram who live in the same locality where the house of the deceased's in-laws was situate at ujjain, have, both ..... w. 5 hiranand also shows enough embellishments since the material facts deposed to by him are not found to be stated in his earlier statement (ex.d-2). the same is true with regard to the oral testimonies of p.w. 8 shyamsunder and p.w. 9 harish chandwani. mst. sunita is found to ..... words connote different meanings, are, no doubt, some of the acts, which may constitute as 'abetment' for commission of suicide. but all such acts or any of them have to be positive and potent in the nature, of such a degree, that the direct result of such acts may be none other, but the commission of suicide.14. .....

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Feb 24 1986 (HC)

Pota Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Feb-24-1986

Reported in : 1987CriLJ1585

..... and talk to her and also hear her and watch her in the presence of the counsel and the two contenders. she is definitely an intelligent child and we are definitely bound not to ignore her preference in this matter. she is aged about six years now and quite intelligent by any standard ..... namely fatehsingh and premawati, who live in agra under more happy and better circumstances. shri swamisaran s case is also that the petitioner belongs to weaker section and is not well off and, therefore, he is under pressure. we do not accept that he is under any pressure as we have given ..... , albeit inconclusively. in the course of resumed hearing of the matter on 31-1-1986, after hearing dr. mrs. trikha of pathology department of gwalior medical college, and the counsel for the parties, we took the view that pending further investigation the custody of the child be entrusted to swami vimuktanandji of ramkrishna ..... allegation against him that he illegally or surreptitiously removed the child from the petitioner's custody. he took law's help to do so and lias acted bona fide. the girl has also expressed clearly and categorically her preference to go with him and live in the family which, according to her, ..... to the local ramkrishna ashram and place on record our appreciation of the assistance and co-operation which we received from swami vimuktanandji of the said ashram.2. the tussle is for the custody of the sweet child, who came before us on different dates, called by the petitioner rekha, while the .....

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Jan 15 1986 (HC)

Toran Singh Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Jan-15-1986

Reported in : 1987CriLJ1986

..... the contentions of the appellant deserve to be. rejected and are, accordingly, rejected. it is proved that the appellant kidnapped the prosecutrix, who was definitely below 18 years of age at the relevant time. it is proved that though the prosecutrix on the date of the incident was above 16 years ..... render it unworthy of credence, as a general rule, there is no rule to insist on corroboration except from the medical evidence, where, having regard to the circumstances of the case, medical evidence can be expected to be forthcoming. corroboration may be insisted upon when a woman having attained majority is found in ..... cri lj 1096 have observed :corroboration is not the sine qua non for a conviction in a rape case. in the indian setting, refusal to act on the testimony of a victim of sexual assault in the absence of corroboration, as a rule is adding insult to injury. why should the evidence ..... singh for 7 days and constantly raped her. she has vividly described the place where she was criminally assaulted. she has also vividly described the act of rape committed by the appellant on her. according to her, she was raped for about 10 to 15 times during her detention in the ..... has challenged his conviction under sections 366 and 376, indian penal code, recorded by the additional sessions judge, basoda, in sessions trial no. 42 of 1982, dated 23-3-1983. he has ' been sentenced to rigorous imprisonment for three years on each count; both the sentences to run concurrently.2. brief facts are that .....

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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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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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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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