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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: mumbai Year: 1976 Page 1 of about 25 results (0.061 seconds)

Apr 12 1976 (HC)

A Vs. B

Court : Mumbai

Decided on : Apr-12-1976

Reported in : (1978)80BOMLR384

..... her of having extra-marital relationships with her professional colleagues and others, we have power to grant the injunction under sections 18(1) and (2) and (2)(b) of the hindu adoptions and maintenance act.47. in the result, a decree in terms of the clause (c) of the prayer in the petition, ..... wife.44. the word 'maintenance' is not denned in the hindu marriage act. it is, however, denned in the hindu adoptions and maintenance act. under section 3(b) 'maintenance' includes-in all cases, provision for food, clothing, residence, education and medical attendance and treatment.45. whether the tenancy premises which are, as stated ..... respondent shall, while the applicant remains unmarried, pay to the applicant for her or his maintenance and support...43. under section 27 of that act-in any proceeding under this act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, ..... mental torture in april 1956. the petitioner had a miscarriage. the husband did not care to nurse her back to normality or to give any medical treatment, as he stated that he could not afford it. she had to go to the doctor to get the medicines etc. the attitude ..... the judgment and decree dated february 6, 1975, passed by a judge of the bombay city civil court, in her petition, under section 10 of the hindu marriage act, 1955, for a decree for judicial separation. in the petition, she had also prayed for an injunction restraining the husband and his servants .....

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Aug 04 1976 (HC)

Commercial Art Engravers Pvt. Ltd. Vs. Indian and Eastern Newspapers S ...

Court : Mumbai

Decided on : Aug-04-1976

Reported in : [1978]48CompCas36(Bom)

..... summons taken out by him for sale of certain properties belonging to the company in liquidation. the case was governed by the provisions of section 183(3) of the companies act, 1913. the corresponding section under the act is section 460. section 460 in terms contemplates sanction of the court in regard to 'administration of the assets of the company and distribution thereof amongst the ..... clause (d)] and carrying on such things as are necessary for winding up of the affairs of the company [clause (e)]'. sub-section (2) provides for certain ancillary powers the exercise whereof is not subject to any sanction of the court. sub-section (3) has two limbs : the first limb provides that the exercise by the liquidator of the powers conferred by the ..... some of which have already been indicated. there are cases where disclosure of evidential material might inflict serious harm on the person directly concerned (e.g., disclosure of a distressing medical report to a claimant for social security benefit) or other persons or where disclosure would be a breach of confidence or might be injurious to the public interest (e.g ..... the exceptions relevant for the purpose of the present controversy may be noticed. these exceptions are : (i) where disclosure of a material would be injurious to the public interest, and (ii) such a disclosure will discourage frankness in official reports. professor s. a. de smith in judicial review of administrative action, 3rd edition, at page 180, expounds the law as .....

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Aug 13 1976 (HC)

Vithalrao Udhaorao Uttarwar and ors. Vs. the State of Maharashtra

Court : Mumbai

Decided on : Aug-13-1976

Reported in : AIR1977Bom99

..... requires.194. coming to the declaration of section 3 (1) which prescribes prohibition on holding of land in excess of ceiling area, the words used ..... some other complaints raised during the arguments. firstly, it is said that the classification of land and fixation of the uniform ceiling in the schedule along with the definitions of section 2 (5) and section 5 shows patent and invidious discrimination and a preference to certain persons who may happen to hold land in better located and fertile areas of the state. it ..... 'to cultivate personally' has been defined in section 2 (9) and includes cultivation by his own labour or by the labour of any member of his family or even by hired labour or by servants. 'owner' has been similarly identically defined as in old act in section 2 (21), as also the word 'tenant' in section 2 (30). all these definitions are to operate unless the context otherwise ..... 7scr82 arose under the madras land reforms (fixation of ceiling on land) act, section 5 and chapters ii and iii and there following the decision in k. kunhikoman v. state of kerala, : air1962sc723 , the court observed that the 'family' has been given an artificial 'definition. the 'family' itself was quoted by section 3 (14) to mean the person, the wife or husband as the .....

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Sep 01 1976 (HC)

Ganesh Shankar Kulkarni Vs. Janakibai Krishnaji Kulkarni and ors.

Court : Mumbai

Decided on : Sep-01-1976

Reported in : AIR1977Bom269

..... is prosecuted in good faith in a court which, from defect of jurisdiction, or other cause of a like nature, is unable to entertain it.'section 2 (7) defines 'good faith' as under:--'nothing shall be deemed to be done in good faith which is not done with due care and ..... 15th and 16th august 1959 are to be excluded. according to the appellant's counsel, the relevant sections permitting the exclusion of these periods are section 4 and section 14 (2) of the indian limitation act, 1908. section 4 provides: --'where the period of limitation prescribed for any suit, appeal or application expires on a ..... v. abdul rahi-man : air1953bom353 , the same view has been adopted consistent with the view taken by madras, lahore, calcutta and nagpur high courts since 1916. in that case, abdul (plaintiff-respondent) filed a suit against karim in the court of the civil judge, junior division, at alibag, to recover a ..... succeed, the appellant has to cross both the rivers. the one under section 4 is more formidable than the one under section 14. the lower appellate court has examined this issue at length and observed that the very definition of the expression 'good faith' postulates that the plaintiff has to convince the ..... court that he has exercised due care and attention, but the plaintiff has not alleged any ground nor led evidence. the burden of bringing the case within the four corners of section 14 is .....

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Jan 22 1976 (HC)

Hindustan Petroleum Corporation Ltd. Vs. State of Maharashtra

Court : Mumbai

Decided on : Jan-22-1976

Reported in : [1976]37STC432a(Bom)

..... tribunal, which was also rejected by the tribunal. the tribunal took the view that the definition of the expression 'sales tax law' in section 2(i) of the said act was wide enough to include the bombay sales of motor spirit taxation act, 1946, and overruled the submission of the assessees that they were entitled to exemption under ..... that the expression 'the sales tax law' in the proviso to section 8(1) of the said act is confined in its operation or ambit to the general sales tax law. the definition of the expression 'sales tax law' in section 2(i) of the said act, which we have already set out above, shows that by that ..... referred to us for our determination, is as follows : 'whether, on a true and proper interpretation of the proviso to sub-section (1) of section 8 and section 2(i) of the central sales tax act, 1956, as it stood prior to 1st october, 1958, and having regard to the facts and circumstances of the case, the ..... in the course of inter-state trade or commerce shall be nil or shall be calculated at the lower rate, as the case may be.' section 2(i) of the said act runs as follows : ''sales tax law' means any law for the time being in force in any state or part thereof which provides ..... for any form of motor vehicle and which has a flashing point below 76 degree f.' 8. under the bombay sales of motor spirit taxation act, 1946 (bombay act no. 6 of 1946), which was passed immediately after the bombay sales tax act, 1946, a tax was levied on the sales of motor spirit of the .....

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Jul 05 1976 (HC)

Raymond Woollen Mills Ltd. Vs. Monopolies and Restrictive Trade Practi ...

Court : Mumbai

Decided on : Jul-05-1976

Reported in : [1979]49CompCas686(Bom)

..... commission may specify. although sub-s. (1) of s. 18 commences with the words 'subject to the provisions of this act', no provision as such has been pointed out to me which requires to be considered in this context. sub-section (2) of s. 18 is an extraordinary provision in the sense that it empowers the commission to determine the extent to which ..... fields like industrial economics, is beyond the normal ken or investigation of the court or the area of traditional jurisprudence.' 19. with this background we go to the mrtp act. 20. section 2(a) of the mrtp act, defines, 'agreement' which includes any arrangement or understanding, whether or not it is intended that such agreement shall be enforceable (apart from any provision of ..... court. this case is of no assistance to the petitioners. in the present case, the notice contains the necessary ingredients constituting the alleged restrictive trade practices. the allegations are sufficiently definite and capable of being understood as considered by me hereafter. moreover, the commission, on a consideration of the application of the petitioners for full and better particulars, has taken ..... every case and in all circumstances. 66. a case on the point will bring home this aspect of the matter. in hira nath mishra v. principal, rajendra medical college, ranchi, : (1973)iillj111sc , three medical students were expelled from the college for two academic sessions, i.e., 1972-73 and 1973-74. the appellants lived in a hostel attached to the college. .....

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Mar 01 1976 (HC)

Shree Ram Milis Ltd. Vs. Commissioner of Income-tax, Bombay City-i

Court : Mumbai

Decided on : Mar-01-1976

Reported in : [1977]108ITR27(Bom)

..... and of its reserve, if any, created under the proviso (b) to clause (vib) of sub-section (2) of section 10 of the indian income-tax act, 1922, or under sub-section (3) of section 34 of the income-tax act, 1961, and of its other reserves in so far as the amounts credited to such other reserves ..... view that it was an amount of provision for an apprehended and impending liability to be discharged towards the shareholders and, in view of the definition given in the companies act of the expression 'provision' and 'reserves', he confirmed the exclusion of the said item from capital computation. the matter was then carried ..... because the assessee had not only earmarked the amount for dividends but had also kept back or set apart or stored up the amount by a definite act as indicated by the profit and loss account and the balance-sheet and had thus been specifically provided to be a reserve for a specific purpose ..... or retained by way of providing for any known liability;'. 8. it will thus appear clear that the definitions of the two expressions at least for the purposes of part i and part ii of the schedule are mutually exclusive and it is clear that if any amount is retained by way of ..... out the form of profit and loss account and its requirements and part iii is the interpretation clause setting out the definitions of various expressions, of course, for the purpose of part i and part ii of the said schedule. both the expression 'provision' and 'reserve' have been defined in part iii. clause 7 .....

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Mar 23 1976 (HC)

Marine and General Insurance Co. Ltd. and ors. Vs. Balkrishna Ramchand ...

Court : Mumbai

Decided on : Mar-23-1976

Reported in : AIR1977Bom53; (1976)78BOMLR262

..... from the date of the application to the date of the deposit as per the award passed by the tribunal and contend that the award is binding under section 95 (2) of the motor vehicles act but only to the extent of rs. 20,000/- or the sum which may be mentioned in the insurance policy.69. if and when the insurance company ..... are three broad topics to be considered in relation to what in commercial parlance is called the risk, namely (1) the risk in the sense of the contractual definition of the peril insured against; (2) the risk in the sense of the subject-matter insured against the stipulated peril; (3) the risk in the sense of the circumstances in which the stipulated ..... from the point of view of the victim. when the measure of damages is considered, the amount awarded is normally based solely on the extent of plaintiffs loss and the degree of defendants' fault is not taken into account (see peter stein and john shand: legal values in western society; page 126). in england also the principles of volenti and of ..... member proceeded to consider the evidence regarding nursing expenses given by dr. bavdekar, miss meena and miss arekar and concluded that the nursing expenses came to rs. 1,400/- and medical expenses came to rs. 300/-. this item of rs. 1,700/- is not challenged before us.21. the learned member further took into consideration the income-tax returns submitted by .....

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Jan 21 1976 (HC)

iqbalnath Premnath Anand Vs. Rameshwarnath Premnath Anand and anr.

Court : Mumbai

Decided on : Jan-21-1976

Reported in : AIR1976Bom405; 1977MhLJ51

..... it may be taken that the mention of two months' period indicates the date from which the firm is to be dissolved as provided under sub-section (2) of section 43 of the act.13. in so far as the letter dated 9th july, 1973, addressed by the defendants' solicitor m/s. gagrat and co. is concerned, ..... of england, third edition, vol. w8 p. 502, para 964, where it is said that where there is no express agreement to continue a for a definite period there may be an implied agreement to do so. in grawshay v. maule, (1818) 1 stand 495 = 36 er 479 the same principle was laid ..... firm.30. it is important to notice that unlike the position in england what is a partnership at will has been defined by section 7 of the indian partnership act. section 7 reads follows:'where no provision is made by contract between the partners for the duration of their partnership, or for the determination of ..... does not bring about the determination of the whole firm consisting of the existing partners is not a provision for determination within the meaning of section 7 of the act.50. the learned judge of the city civil court, was therefore clearly in error in holding that the partnership in the present case was ..... partner concerned gives clear two months' notice. according to mr. meghani, this is a provision for determination of the partnership within the meaning of section 7 of the act, so that it would also mean that the partnership cannot be determined at a moment's notice. according to mr. meghani, it follows that .....

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Nov 09 1976 (HC)

Yogindraprasad N. Mafatlal Vs. Commissioner of Income-tax, Bombay City ...

Court : Mumbai

Decided on : Nov-09-1976

Reported in : [1977]109ITR602(Bom)

..... his benefit, such interest is not contingent.' 25. it is not necessary to set out the provisions of section 120 of the indian succession act which corresponds to section 21 of the transfer of property act. illustration (ii) given under section 120 of the succession act is as follows : '(ii) a sum of money is bequeathed to a 'in case be shall attain the age of 18' or ..... question posed for our determination in the case really turns upon the proper interpretation of the expression 'for the immediate or deferred benefit' occurring in clause (v) of section 64 of the 1961 act and the real question is whether 'deferred benefit' means benefit deferred to a year subsequent to the accounting year in which the income is taxable, so long as ..... family trust and gayatri family trust, the income accruing to the trusts amounting to rs. 30,808 was includible in the total income of the assessee under section 64(v) of the income-tax act, 1961 ?' 2. the question relates to the assessment year 1962-63, the relevant previous year being 31st march, 1962. assessee, yogindraprasad n. mafatlal, who is an individual, created ..... the income-tax act do not apply as the income is not receivable by the trustees on behalf of the minor but is merely added to the corpus. we recommend that the law should be modified so as to tax such income of the minors. there may, however, be cases in which the shares of the beneficiaries are not definite and tax .....

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