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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: mumbai Year: 1973 Page 1 of about 17 results (0.065 seconds)

Apr 09 1973 (HC)

R.S. Deshpande and anr. Vs. Municipal Corporation of Greater Bombay

Court : Mumbai

Decided on : Apr-09-1973

Reported in : (1975)IILLJ45Bom

..... admission to, the discipline in and punishment for misconduct in the profession. there is an appeal to the supreme court of india. similarly, in the case of the medical profession, there are medical councils which control the admission to, the discipline in and punishment for misconduct in the profession. high academic or professional qualifications are prescribed for admission to the profession. ..... man which he brings into the practice of his profession must be intellectual skill or manual skill controlled by intellectual skill. apart from the skill there should be a degree of intelligence and integrity and above all the professional man should be member of an organised profession for admission to which high academic or professional qualifications are required and the ..... and the cause of loss, damage or injury to goods in transport or to motor vehicles which have been insured against such risks. they state that this requires a high degree of personal skill, accuracy, observation, independence of judgment and integrity, and that their clients approach them with entire confidence in their skill, intelligence and integrity. 3. it might ..... indicate that the remaining sections not so specified would apply to them and if that is so, they must be and are establishments under s. 2(8) of the shops act. without anything more, one would be inclined to come to the conclusion that even in the case of legal practitioners, their offices would fall within the definition of establishments and would .....

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Jun 26 1973 (HC)

Khemchand thengumal Rajpal Vs. S.C. Gupte

Court : Mumbai

Decided on : Jun-26-1973

Reported in : (1974)76BOMLR511

..... , which, in our opinion, is not assailable, mr. lokur, the learned counsel appearing for the respondents, drew our attention to the definition of liquor contained in section 2(0, which is as follows:2.(1) 'liquor' includes spirits of wine, ethylated or denatured spirits, spirits, wines, toddy, beer, feni and all liquids consisting of or ..... . it is a well-settled rule of law that all charges upon the subject must be imposed by clear and unambiguous language, because in some degree they operate as penalties: the subject is not to be taxed unless the language of the statute clearly imposes the obligation, and language must not ..... bulk litre.(4) country liquor 1.00 per proof litre.(5) rectified spirit or absolute alcohol except when used for manufacture of liquor or for medical purposes 0.50 per proof litre.(6) for blending of country liquor. 0.50 per bulk litrein addition tothe duty onmanufacture.part brates of countervailing duty ..... 4 of part a of the schedule.10. mr. sorabjee has drawn our attention to the schedule annexed to the goa, daman and diu excise duty act, 1964, which also seems to have been drafted by the ministry of law, government of india, in which denatured spirit is mentioned as sr. no. ..... be strained in order to tax a transaction which, had the legislature thought of it, would have been covered by appropriate words. 'in a taxing act', said rowlatt j., 'one has to look merely at what is clearly said. there is no room for any intendment. there is no equity about a .....

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Mar 01 1973 (HC)

Darubai Vs. Shankar Narayan Petil

Court : Mumbai

Decided on : Mar-01-1973

Reported in : AIR1974Bom215; ILR1974Bom929; 1973MhLJ728

..... therefore, the present suit being a suit for money the same is liable to be stayed under clause (b) of sub-section (2) of section 3 of the said act. this application was opposed by the plaintiff, who suit for money, but this is a suit for recovery of arrears of ..... cannot be termed as a suit for money within the meaning of section 3 (2) (b) of the act. he relied upon the definition of the term 'maintenance' in sub-clause (b) of section 3 (2) of the hindu maintenance and adoption act according to shri b.s. deshpande, the maintenance means in all ..... contentions raised before me it is necessary to refer to the relevant provisions of the bombay execution of decrees (temporary postponement) act. 1959. section 3 (2) (b) of the act reads as under:'no suit for money and no suit for foreclosure or sale in enforcement of a mortgage, shall be instituted ..... case an adequate provision for food, clothing, residence, education and medical attendance and treatment. this ..... has nothing to do with the money as such. the amount which is claimed in the suit is only claimed in lieu of maintenance. therefore, in substance it is a suit for maintenance and not a suit for money. this being the position, according to him, as the provisions of section 3 (2) of the act .....

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Feb 28 1973 (HC)

Nanavati and Co. (Pvt.) Ltd. Vs. R.C. Dutt and ors.

Court : Mumbai

Decided on : Feb-28-1973

Reported in : [1975]45CompCas91(Bom)

..... consideration of the written representations made by them. the learned single judge further found that the term 'vary' was given an artificial meaning by the act in the definition clause (50) of section 2 of the act. according to this definition 'variation' shall include abrogation; and 'vary' shall include abrogate. in view of this artificial meaning given to the expression 'variation' it was permissible for ..... . this point was also raised before the learned single judge but the conclusion arrived at was that the word 'variation' has been given an artificial meaning by the definition clause (50) of section 2 of the act, that clause says that 'variation' shall include abrogation, and 'vary' shall include abrogate. 59. what was argued and what is argued before us is that the ..... body meeting held after the date on which the appointment is made, the appointment ceases to be valid. this is the effect of the provisions of sub-sections (2) and (2a) of section 294 of the act. it is, therefore, obvious that a solemn commercial contract has been entered into by the two willing parties which has been ratified by the general body ..... directed to problems made manifest by experience and that its discriminations are based on adequate grounds. it would also be legitimate to assume that the legislature is free to recognise degrees of harm and confine its restrictions to those cases where the need is deemed to be the clearest. for sustaining the presumption of constitutionality the court may take into .....

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Apr 27 1973 (HC)

J.S. Parkar Vs. V.B. Palekar and ors.

Court : Mumbai

Decided on : Apr-27-1973

Reported in : [1974]94ITR616(Bom)

..... us that in fact the petitioner was unable to pay the court-fees and as such was incapable of availing of the alternate remedy under section 256(2) of the act. no satisfactory averments are to be found in the application to indicate that the alternate remedy could not have been efficacious or otherwise there was ..... to something in the nature of a loss which is contemplable and in the nature of a commercial loss. i do not intend that to be an exhaustive definition, but i do not think it is possible to say that when a fine - which is what the penalty in the present case amounted to - has ..... shakoor bros. v. commissioner of income-tax). in that case this court said quite clearly that a disbursement is deductible only if it falls within section 10(2)(xv) of the act of 1922, and a penalty cannot be regarded as an expenditure wholly and exclusively laid out for the purpose of the business. moreover, disbursement ..... by law, viz., the export of wool without having the requisite export licence, was an amount which the assessee was entitled to deduct under section 10(2)(xv) of the act of 1922. it was held that according to principle and authority such a deduction could not be claimed. it was also observed that such a ..... the facts of each case, having regard to the nature of the operations carried on and the nature of the risk involved in carrying them out. the degree of the risk or its frequency is not of much relevance but its nexus to the nature of the business is material.' 182. i have already .....

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Nov 02 1973 (HC)

Bapusaheb Balasaheb Patil and ors. Vs. the State of Maharashtra and or ...

Court : Mumbai

Decided on : Nov-02-1973

Reported in : AIR1975Bom143; (1974)76BOMLR455; 1974MhLJ698

..... judicial power derived by him from the state. the court also went on to point out that having regard to the definition of 'arbitrator' given in section 2(2), of 'registrar' given in section 2(24) and the language employed in section 96 of the act a nominee or board of nominees so appointed by the registrar to hear and decide the disputes would be an arbitrator or ..... on special duty and the position occupied by a nominee or a board of nominees appointed by the registrar directly come within the inclusive part of the definition of 'arbitrator' as given in section 2 (2) of the act and secondly such a nominee or board of nominees is appointed by the registrar and not by the state government as is the case with the ..... by the registrar for, in the first place, such nominee or board of nominees appointed by the registrar directly come within the inclusive part of the definition of 'arbitrator' as given in section 2 (2) of the act and secondly such a nominee or board of nominees is appointed by the registrar and not by the state government as is the case with the registrar ..... of such disputes having been referred to them by the registrar they do not come within the definition of 'arbitrator' as given in section 2(2) of the act. mr. rane however urged before us that the definition of 'arbitrator' is in two parts: under the first part the definition is intended to indicate what person is meant to be an arbitrator whereas under the second part .....

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Aug 01 1973 (HC)

GulamhusseIn Ebrahim Matcheswalla (by His Legal Heirs) Vs. Commissione ...

Court : Mumbai

Decided on : Aug-01-1973

Reported in : [1974]97ITR24(Bom)

..... in the nature of capital expenditure incurred solely for the purpose of making or earning such income, profits or gains. under the provisions of sub-section (2) an expenditure will be a permissible allowance only if two conditions are fulfilled : (1) that it is incurred solely for the purpose of ..... work carried out in the godowns. according to him during both the relevant years the repairs executed were permissible deductions either under section 10(2)(v) or section 12(2) of the act. 12. in the appeal by the revenue before the tribunal the various items specified in the second schedule to the indenture ..... any new or fresh advantage. according to him the repairs executed during the relevant accounting periods constituted permissible deductions wither under section 10(2)(v) or section 12(2) of the act for the respective assessment years. in the appeal preferred by the revenue the income-tax appellate tribunal partially allowed the appeal. ..... kantawal, c.j. 1. by this reference under section 66(2) of the indian income-tax act, 1922 (hereinafter referred to as 'the act'), the following question is referred to us for our determination at the instance of the assessee : 'whether there ..... the tribunal took the view that the provisions of section 12 of the act alone were applicable; that part of the expenditure incurred was .....

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Aug 09 1973 (HC)

Tanbaji Madhoji Chagre and anr. Vs. Nathoba Janbaji Dongre and ors.

Court : Mumbai

Decided on : Aug-09-1973

Reported in : AIR1974Bom238; 1974MhLJ484

..... learned counsel, for it really decides that for the purpose of the ceiling act what has to be shown is the actual possession of the holder with reference to the definition contained in section 2 (14) of the ceiling act. that was only enough to negative the claim of the petitioners in that ..... .....................'it was stated that in this connection extreme importance must be given to the phrase 'actual possession' as contained in sub-section (14) of section 2 of the ceiling act. thus it does nto appear that any pronouncement was made as to the true scope and reach of the term 'deemed tenant ..... it appears that the controversy that way being settled and adjudicated upon by the division bench concentrated itself upon the terms of section 2 (14) of the ceiling act and a submission was made that as the other petitioners were deemed tenants along with the company the holding must be construed ..... reported in dahya lala v. rasul mahomed, : [1963]3scr1 . on the basis of that decision nad the defining clause available in section 2 914) of the ceiling act, a contention appears to have been raised that dahya lala's case ruled that excepting the persons other than those mentioned in clauses 9a), ..... of remuneration of rs. 175/-. the main contention that fell for consideraion, therefore, was what is the true extend and scope of section 2 (14) of the ceiling act which defined the phrase 'to hold land'. before the divisions bench, therefore, with respect to this controversy the provisions of the ceiling .....

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Jun 25 1973 (HC)

Union of India (Uoi) Vs. S.R. Doiphode

Court : Mumbai

Decided on : Jun-25-1973

Reported in : (1974)76BOMLR334

..... supreme court in shri ambica mills' case (p. 1087) :.a corporation is defined in section 2(11) as any body corporate established by or under any central, provincial or state act but does not include a company or a co operative society. now it will be noticed that the definition of the term 'corporation' takes in bodies corporate established by law as well as ..... canteen control board, at the naval base on willingdon island, was an industry carried on by or under the authority of the central government within the meaning of section 2(a) of the industrial disputes act, 1947, but the court itself has observed at page 368 that the question is a question of fact depending on the circumstances of each case. the decision ..... anything done or to be done after the commencement of the constitution, mean the president;' and to include certain other things mentioned in section 3(8)(b) of the general clauses act, 1897. we are not concerned with the inclusive definition. it is enough to say that a department of the central government is something different from the central government, and in the ..... whether the canteen stores department is an establishment engaged in any industry carried on by or under the authority of any department of the central government within the meaning of section 32(iv) of the payment of bonus act, 1965.2. special civil application no. 1189 of 1968 is directed against an order passed in favour of respondent no. 1 by the .....

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Nov 06 1973 (HC)

Rikhabchand Mohanlal Surana Vs. the Sholapur Spinning and Weaving Comp ...

Court : Mumbai

Decided on : Nov-06-1973

Reported in : (1974)76BOMLR748

..... joselyne was based on sections 12 and 16 of the bankruptcy act, 1869. mr. sukthankar has pointed out that section 16(5) of the bankruptcy act, 1869, defines 'the secured creditor' and is para materia with section 2(e) of the provincial insolvency act, where the same definition occurs. section 12 of the bankruptcy act, 1869, is pari materia with section 28(2) and section 47 of the provincial insolvency act.41. this then ..... . but willes j. thought it unnecessary to support that decision by reference to the doctrine of lien. it is to be noticed that 184th section of the said act corresponds to section 2(e) of the provincial insolvency act, 1920.44. it is appropriate at this stage to refer to the observations of jessel m.r. in in re printing and numerical registering company (1878 ..... court, in our opinion, clearly show that when a winding up order is being made, and it does not matter whether the winding up order is under section 392(2) or under section 433 of the companies act, 1956, the parties cannot be governed by the scheme of arrangement. in the present case it was suggested that the winding-up order was passed under ..... court before the application was made to the court to pass an order in favour of the liquidator. the liquidator's argument before the court had been to a certain degree based upon the idea that the property of the company vested in the liquidator. the court observed (p. 360) is better that that idea should be at once removed .....

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