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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: mumbai Year: 1980 Page 1 of about 30 results (0.098 seconds)

Aug 12 1980 (HC)

Prasanna Dinkar Sohale and Etc. Vs. the Director-in-charge, Laxminaray ...

Court : Mumbai

Decided on : Aug-12-1980

Reported in : AIR1982Bom176

..... employees'. the proposal of the director of the institutor was approved by the vice-chancellor by exercising his powers under s. 11 (4) of the university act, 1974, that section provides that in case of emergency the vice-chancellor can take any decision which any other authority is empowered to take, the decision as taken ultimately goes to ..... with lot of difficulties in the matter of education. apart from the problems of language, lit is not easy or always possible to get admission into institutions imparting medical education in foreign countries ...............the classification in all these cases is based on intelligible differentia which distinguished them from the group to which the petitioners belonged'.15. this ..... few types of --------------------------------------------------------------------------------------------------------------------------*bracketed portion substituted as per correction order dt. 28-8-1980. in c. a. no. 1094 of 1980-ed.classifications for admission to the medical and other colleges has arisen before the supreme court in a number of cases. it will not be out of place to briefly refer to those cases for the ..... the opinion, the contention cannot be accepted for two reasons. in the first place while deciding the admission of students students to the degree course the object can be (1) imparting education, and (2) selection cannot have any relevance while deciding this function of admitting the students to the various curses. it may be material to note that .....

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Nov 17 1980 (HC)

State of Maharashtra Vs. Kusum Charudutt Bharma Upadhye

Court : Mumbai

Decided on : Nov-17-1980

Reported in : (1981)83BOMLR75; 1981MhLJ93

..... the cowl has observed that when section 107 of the 1913 act was replaced by section 224 in the 1935 act, sub-section (2) of section 224 was newly introduced and the idea presumably was to nullify the effect of the decisions of different high courts but the expression 'the idea presumably was' itself clearly suggests that that wax not the, definite opinion of the court. ...in our ..... government of india act'. we will, however, for the ..... is the government of india act, 1915 (5 & 6 geo. v c. 61). this act was amended in 1916 by the government of india (amendment) act, 1916 (6 & 7 geo. v c. 37), and principally by the government of india act, 1919 (9 & 10 geo. v c. 101). the government of india act, 1915, as so amended, is, under section 135 of that act, to be cited as 'the ..... .c. 546, adaikappa chettiar v. chandrasekhara thevar (1947) l.r. 74 indap 264 s.c. , secretary of state for india v. chellikani rama rao i.l.r. (1916) mad. 617 a.i.r. [1916] p.c. 21, mavng ha thaw v. ma pin , and hem singh v. basant das .88. it is pertinent to note that the high court's power to .....

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Jun 18 1980 (HC)

Manubhai A. Sheth and Others Vs. N.D. Nirgudkar, 2nd Income-tax Office ...

Court : Mumbai

Decided on : Jun-18-1980

Reported in : (1981)22CTR(Bom)41; [1981]128ITR87(Bom); [1980]4TAXMAN381(Bom)

..... gains is also made one of the heads of income chargeable to income-tax under s. 14 of the 1961 act, and sub-cl. (iv) of cl. (24) of section 2 includes 'any capital gains chargeable under section 45' in the definition of 'income'.17. section 45(1) provides as follows :'45. capital gains. -(1) any profits or gains arising from the transfer of a capital ..... of determination who should be regarded as a class for purposes of legislation and in relation to a law enacted on a particular subject. this power, no doubt, in some degree is likely to produce some inequality; but if a law deals with the liberties of a number of well-defined classes, it is not open to the charge of denial ..... made on sale of these bonds was 'income derived' from the bonds within the meaning of the said s. 26. the earlier revenue act, namely, the revenue act of 1916, passed by congress shortly after the passing of the farm loan act and in the same session, contained provisions identical with s. 22(a) and s. 22(b)(4) of the 1928. the united ..... both dealt with precisely the same subject-matter, namely, the scope of the tax exemption afforded to farm loan bonds, and the later act, namely, the revenue act of 1916, could, therefore, be regarded as a legislative interpretation of the earlier act. the united states supreme court, therefore, held that the gains made on sale of farm loan bonds were subject to federal income .....

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Feb 02 1980 (HC)

Union of India and ors. Vs. Alok Exports Etc.

Court : Mumbai

Decided on : Feb-02-1980

Reported in : AIR1980Bom280; 1989(24)LC677(Bombay)

..... policy for 1968-69 magnesium sulphate by itself was treated as a chemical in item b.2.1 of section ii, but magnesium sulphate b. p. was treated as a drug and drug intermediate in item b.19.2 of section ii of the said policy. the same position prevailed regarding castor oil and medicinal castor oil or ..... import control tariff, silver nitrate b. p. is classified as drug and drug intermediate under item b. 19 in section ii as can be seen if the second item on page xxxviii of section iii of the index is read with b. 1.9.7 at page 45 of the said import trade control policy ..... accordance with a licence or a customs clearance permit granted by the central government or by any officer specified in schedule ii. in exercise of the powers conferred by section 3 of the said act an export control order was issued in 1957 by the central government, the said export control order was repealed and ..... is not silver salt or silver chemical, it is common ground that silver nitrate b. p. or argenti nitrus is really silver nitrate purified to the required degree. therefore, unless there is evidence that the words 'silver salt, silver chemical or compound' have any trade meaning and that silver nitrate b. p. would ..... the exports (control) order, 1977. reference was also made by mr. rana to a decision of the orissa high court in state of orissa v. janata medical stores (1976) 37 stc 33 : 1976 tax lr 1451 where it was held that thermometers, lactometers, syringes, eye-wash glasses and measuring glasses do not come .....

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Apr 28 1980 (HC)

Commissioner of Income-tax Bombay City-ii Vs. D.G. Goenka

Court : Mumbai

Decided on : Apr-28-1980

Reported in : [1981]129ITR260(Bom)

..... question was whether the share of profit earned by the assessee was earned income under the definition in s. 525 of the income tax act, 1952 (u. k.). the relevant part of that section read as follows :'subject to the provisions of sub-section (2) of this section, in this act, 'earned income' means, in relation to any individual-...(c) any income which is charged under schedule ..... . the definition is in three parts. under cl. (a) the income of an assessee which is chargeable under the head 'salaries' is ..... section 99 of that act or which is exempted from tax under a notification issued under section 60 of the indian income-tax act, 1922 (11 of 1922), as continued in force by clause (1) of sub-section (2)of section 297 of the income-tax act, 1961 (43 of 1961).'10. we are not, for the purposes of this reference, concerned with the inclusive part of the definition ..... the genealogy of the product. but enquiry should stop as soon as the effective source is discovered. in the genealogical tree of the interest land indeed appears in the 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 defintion.'18. as indicated .....

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Feb 05 1980 (HC)

Sarabhai M. Chemicals Private Ltd. Vs. P.N. Mittal Competent Authority ...

Court : Mumbai

Decided on : Feb-05-1980

Reported in : (1980)16CTR(Bom)315; [1980]126ITR1(Bom); [1980]3TAXMAN541(Bom)

..... desai j. : 'capital assets, as defined in section 2(4a) is 'property of any kind held by an asscssed whether or not connected with his business, profession or vocation' with the exception of certain specific items as are specified in the said definition. capital gains under section 12b(1) is gain, which arises on the sale ..... as a profit on the sale of the stock-in-trade, and assessed the appellant upon it for income-tax under the land and income tax act, 1916, of new zealand, which imposes the tax on all profits or gains derived from any business.'29. the privy council decided the case in ..... the business; if the price paid for or attributable to an asset exceeds the written down value of the asset, proviso (ii) to section 10(2)(vii) of the indian income-tax act, 1922, would ex facie be attracted. where the person carrying on the business transfers the assets to a company in consideration ..... from this particular transaction of sale of stock-in-trade. for this purpose mr. desai relied upon s. 28 of the i.t. act and the ensuing sections in the provisions relating to profits and gains from business or profession. it must be pointed out that in the affidavit-in-reply filed by ..... to its wholly-owned subsidiary company does not amount to capital gains within the meaning of s. 45(1) of the act. section 47, cl. (iv) provides as follows :'47. nothing contained in section 45 shall apply to the following transfers :-....... (iv) any transfer of a capital asset by a company to its subsidiary company .....

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Apr 18 1980 (HC)

Y.K. Nalavade and ors. Vs. Ananda G. Chavan and ors.

Court : Mumbai

Decided on : Apr-18-1980

Reported in : AIR1981Bom109

..... against marriage sought to be preserved thereunder also shows, how the entire proviso and the second part of the section is intended to prevent retrospective effect of the adoption ties.17. though the section 2 does not expressly refer to the two different rules of devolution, the text makes it clear that first ..... individual member of that family, whilst it remains undivided, can predicate of the joint and undivided property, that he, that particular member, has a certain definite share namely a third or fourth. all the coparceners in a hindu joint family are the owners of the properties of the family. so long as ..... of status or a division by metes and bounds. therefore, it is not correct to assume that a coparcener in hindu joint family has any definite share in the family property before its division.'10. it is true that the property includes an interest therein, and such an interest may admit ..... ties forged and snapped on adoption and their effect on the rights in the property acquired during the subsistence of such ties. both the parts of section 12 are aimed at abolishing the much maligned doctrine of 'relation back', by reference to its retrospective effect on the rights in the property. though ..... deshpande, j,6.* mr. sail relies on clause (c) of the proviso to section 12 of the hindu adoptions and maintenance act, 1956 (hereinafter referred to as 'the act'), in support of his second contention that ananda's adoption, cannot have the effect of divesting dhondi, of the property held .....

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Feb 20 1980 (HC)

Anil Anantrao Lokhande Vs. the State of Maharashtra

Court : Mumbai

Decided on : Feb-20-1980

Reported in : 1981CriLJ125; 1980MhLJ849

..... , or under the supervision of, a female registered medical practitioner. explanation - in this section and in s. 54 'registered medical practitioner' means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 of the indian medical council act (102 of 1956), and whose name has been entered in a state medical register.7. in section 54 a provision is made for examination of the ..... (1900) 159 mo. 354, 60 sw 743 (testimony of physicians to the condition of a wound on defendant's head, shaved by compulsion, admissible)' (p. 390); 'state v. mac laughlin, (1916) 138 la 958 : 70 sc 925 (murder; no denial of constitutional privilege to use scrappings from under fingernails taken against the will'), (p. 392); smith v. united states, 194 f ..... parcel of the process of investigation. section 2(h) defines the scope of investigation in the following terms :''investigation' includes all the proceedings under this code for the collection of evidence conducted by a police officer, or by any person (other than a magistrate) who is authorised by a magistrate in this behalf'.8. this definition is inclusive one and therefore obviously not .....

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Jun 18 1980 (HC)

Zabulal Durgalal S/O. Kanhayalal Hiralal Srivastav, Since Deceased by ...

Court : Mumbai

Decided on : Jun-18-1980

Reported in : 1981MhLJ202

..... and enumerates the consequences of such discharge is to be found in section 4 of the act. there is no dispute that zabula was a 'debtor' within the meaning of that term as defined in section 2(f) of the act. under section 4 of the act the debt of the debtor outstanding on the appointed day is ..... statutorily deemed to be wholly discharged by all concerned. section 4 then sets out the consequences which follow from the discharged of the ..... favour of the debtor is not returned by the creditor, then it is open to the debtor to request the officers refereed to in section 6 of the act to enforce the delivery of possession of such property. these officers are the commissioner of police, the district magistrate, or as the case may ..... same. in case immovable property is not returned, how that liability is to be enforced is not very clear from the act except the provisions of section 6. it is only section 6 which provides for the steps to be taken in case the property is not returned by the creditor. the authorities referred ..... on behalf of the petitioners has vehemently contended that the authorised officer is bound to implement the provisions of the act. the learned counsel has relied on the provision in section 4 of the act, the effect of which is that the debt of the debtor stands wholly discharged on the coming into force of .....

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Mar 18 1980 (HC)

Nanalal Goverdhandas and Co. and ors. Vs. Samratbai Lilachand Shah

Court : Mumbai

Decided on : Mar-18-1980

Reported in : AIR1981Bom1; (1981)83BOMLR6; 1980MhLJ867

..... could be reduced by passing a decree for part only of the premises. this he did obviously under the second part of sub-section (2) of section 13 of the bombay rent act. aggrieved by the aforesaid order of the learned appellate judge the petitioners have approached this court under article 227 of the constitution.8. ..... harish even assuming that it could be said to be the require ment of his two elder brothers, appellants 1 and 2.'20. under section 13(1)(g) of the bombay rent act, it is now well settled that if premises are required by a landlord for occupation by members of his family or ..... landlord to provide accommodation to a particular person then the requirement by the landlord for occupation of that person may squarely fall under section 13(1)(g) of the bombay rent act.22. underlying the above propositions is the basic fact that the requirement is by the landlord and not by somebody else on ..... was the claim of thakordas that he required the premises reasonably and bona fide for occupation by himself within the meaning of section 13(1)(g) of the bombay rent act. it was noticed that in the pleadings it had been contended by thakordas that he required the premises for the use of ..... the learned 2nd extra joint judge, after considering a couple of authorities which were cited before him and after examining the provisions of section 13(1)(g) of the bombay rent act, formed an opinion that the requirement of the suit premises for the business of the son was covered by the said legal .....

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