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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: mumbai Year: 1983 Page 1 of about 51 results (0.230 seconds)

Feb 10 1983 (HC)

Mrs. Mary Kutty Thomas Vs. Mr. Pawar, D.C.P. Zone-iv and ors.

Court : Mumbai

Decided on : Feb-10-1983

Reported in : 1983CriLJ1654

..... further, since the conclusion about the vulnerability of the impugned order is manifest. on the same clarity of reasoning provisions of section 161 of the bombay police act would not be applicable to the facts of the instant case and as such no question of limitation would arise.14. ..... section 270 of the government of india act and the test laid down is that a public servant can only be said to act or to purport to act in the discharge of his official duty if his act is such as to lie within the scope of his official duty. by way of illustration it was indicated that a government medical ..... was placed, though slightly in the different context by this court, while interpreting the provisions of section 197 of the code in gorakh mahale v. state of maharashtra 1965 man lj 94 : 1965 (2) cri lj 193, when it was observed that the terminology implied therein as 'under colour of ..... office' would have the similar consideration for its construction as is required to be done in the one used in section 197 of the code of criminal procedure ..... act. when they were produced before the 30th court kurla for remand, two of them ventilated a grievance that they have been ill-treated by shri pawar, deputy commissioner of police zone-v, whose office is located in the precincts of matunga police station. the court remanded them to judicial custody with a direction that they be medically examined.2 .....

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Jun 30 1983 (HC)

The Dean, G.S. Medical College and anr. Vs. Samina Suhel Khatib and an ...

Court : Mumbai

Decided on : Jun-30-1983

Reported in : AIR1983Bom459; 1983(85)ARBLR437(Bom); 1983MhLJ771

..... have no reason to doubt the correctness of this endorsement. the indian medical council act specifically deals with standards of post-graduate medical education in s. 20 and provides for constitution of a post-graduate medical education committee to make the necessary recommendations. sub-section (5) of section 20 provides as follows :--'the views and recommendations of the post-graduate ..... of by the full bench.6. it is necessary, at the outset, to refer to the relevant rules dealing with the admission to port-graduate degree and diploma courses at municipal medical colleges affiliated to the university of bombay , which have been made by the municipal corporation of greater bombay . rule 3 prescribes eligibility for admission ..... 3) should possess post-graduate degree in the respective branch from the university of bombay or from any other university recognised equivalent thereto for admission ..... port-graduate degree and diploma. under this rule every candidate applying for admission to the post-graduate diploma or degree course-----(1) should possess the mbbs degree of the university of bombay or any other university recognised as equivalent thereto by the university of bombay and the medical council of india. (2) should have registered with the maharashtra medical council, ( .....

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Feb 15 1983 (HC)

Meena Deshpande Vs. Prakash Shriniwas Deshpande

Court : Mumbai

Decided on : Feb-15-1983

Reported in : AIR1983Bom409; (1983)85BOMLR102; 2(1983)DMC227; 1983MhLJ821

..... decree for divorce, the grounds of cruelty and desertion were asserted. in the proceedings, the present appellant-wife admittedly filed an application under section 24 of the hindu marriage act (hereinafter called 'the act') as per ex. 11 praying for interim maintenance at rs. 350/- per month and a sum of rs. 1,000/- for ..... a given case deserve acceptance, the factum of the mental disorder of the given person cannot be found out. the material like the one having reference to medical treatment, evidence of the other persons who had ordinarily occasions to be in the company of such person, which should be available, should ordinarily be insisted ..... sub-rule (1) of rule 5 of order 8 or lawful authority to render a judgment in want of pleadings as are provided by sub-rule (2) of rule 5 of order 8, but as a matter of necessity such recourse should be justified. looking to the consequences that attach to the dissolution ..... considering the application filed by the wife for costs of the proceedings is by itself a good reason to hold that the provisions of sub-rule (2) of rule 5 of order 8 of the civil procedure code could not be made applicable to the facts of the present case apart from the allegation that ..... the course of the hearing of the appeal on behalf of the wife written statement was sought to be tendered, but the same was not accepted.2. in the entire proceedings excepting para 5 of the trial court's judgment it does not appear that there was any consideration bestowed upon the .....

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Jan 21 1983 (TRI)

Rajneesh Foundation Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jan-21-1983

Reported in : (1983)4ITD409(Mum.)

..... the making of profit by a business--like activity in the publication and sale of books, magazines, tapes, etc., it was excluded by section 2(75) of the act, from being a trust for charitable purposes. the commissioner (appeals) also held, considering the several clauses of the trust deed, that ..... existence to translate the purpose as conceived in the mind of the founders into a living and active principle.in the light of the above definitions of 'institution', their lordships of the allahabad high court held in the case of radhaswami satsang sabha (supra), that the satsang sabha was ..... workshops, libraries, etc., examinations periodically or finally or at any rate some type of appraisal of the students' achievement ; awarding of diplomas or degrees or even certificates in recognition of the completion of the education or educational programme. according to the learned counsel, if these tests are applied ..... authorities from time to time. (r) to provide for the relief of poor people and people in distress or for national cause ; and to provide for medical relief. (s) to maintain, run or otherwise arrange for sadavrats, dharmashalas, rest houses, kala mandirs, ballmandirs, prayer halls, public gardens, pubic utilities, ..... tc 425, feeding of persons and travellers--ilr 21 mad. 10, preservation of places of historical interest or natural beauty--in re. vierall [1916] 1 ch. 10077. in all these instances, we find that the beneficiary of the charity receives something which he is in need of and .....

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Oct 11 1983 (HC)

Samir U. Parikh Vs. Sikandar Zahiruddin

Court : Mumbai

Decided on : Oct-11-1983

Reported in : II(1984)ACC325; 1984MhLJ38

..... iii) temporary total disablement, and (iv) temporary partial disablement. the expressions 'partial disablement' and 'total disablement' have been defined in section 2(1)(g) and 2(1)(e) respectively as follows:2. in this act, unless there is anything repugnant in the subject or definitions context,.(g) 'partial disablement' means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of ..... for claiming compensation, and for that purpose has given wide powers to the commissioner who is entrusted with the adjudication of the claim. sub-section (5) of section 3 read with sub-section (2) of section 19 of the act then makes it clear that if a workman institutes a suit for damages in a civil court, he will not be entitled to claim ..... the percentage loss of earning capacity has not been indicated against the diseases in schedule iii. but even in such cases, the question still remains, as to whether the medical opinion with regard to the assessment of the disablement in terms of the loss of earning capacity should be binding on the commissioner. the only difference, in this respect, between ..... would be expected in a healthy person of the same age any sex. for such assessment recognised cardio-respiratory function tests shall be used to assess the degree of cardio-respiratory function impairment.(2) it shall be determined whether the disablement is temporary or permanent and also the percentage loss of functions as it pertains to the loss of working .....

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Oct 11 1983 (HC)

Samir U. Parikh Vs. Sikander Zahiruddin

Court : Mumbai

Decided on : Oct-11-1983

Reported in : (1983)85BOMLR591; [1984(48)FLR331]; (1984)IILLJ90Bom

..... temporary total disablement, and (iv) temporary partial disablement. the expressions 'partial disablement' and 'total disablement' have been defined in s. 2(1)(g) and s. 2(1)(1) respectively as follows :'2. in this act, unless there is anything repugnant in the subject or definitions context -(g) 'partial disablement' means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity ..... head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries;'sub-section (2) of s. 4 then refers to occupational diseases peculiar to certain employments and declares that the contracting of a disease described in schedule iii of the ..... i, the percentage loss of earning capacity has not been indicated against the disease in schedule iii. but even in such cases, the question still remains, as to whether the medical opinion with regard to the assessment of the disablement in terms of the loss of earning capacity should be binding on the commissioner. the only difference, in this respect, between ..... would be expected in a healthy person of the same age and sex. for such assessment recognised cardio-respiratory function tests shall be used to assess the degree of cardio-respiratory functions impairment.(2) it shall be determined whether the disablement is temporary or permanent and also the percentage loss of functions as it pertains to the loss of working capacity .....

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Aug 09 1983 (HC)

Perfect Paper and Steel Converters Private Ltd. and anr. Vs. Bombay Na ...

Court : Mumbai

Decided on : Aug-09-1983

Reported in : 1984(2)BomCR30

..... . this approach accords with the policy of the criminal procedure code (i am concerned with a criminal proceeding here) as spelt out in section 2(q). a pleader by definition, includes any person other than one authorised by law to practise in a court if he is appointed with the permission of the court ..... , to act in a particular proceeding. this court's power may well be exercised in regulating audience before it in tune with the spirit of section 2(q) ..... in that case one mr. s. chaudhary was not allowed to appear before the court since he failed to satisfy the requirements of sub-section (2) of section 36 of the act. desai, j., observed that 'it is pertinent to note that mr. chaudhary has not been denied the right to appear for the ..... are not bound by any law. otherwise it will mean that a quack has better and higher rights to practise medicine than a duly qualified medical practitioner, and more irresponsible a man, greater are his rights. this court had an occasion to deal with such a person in bhiwa yeshwant v ..... service in which one may attain the highest eminence without making much money, (2) a relation as 'an officer of court' to administration of justice involving thorough sincerity, integrity and reliability, (3) a relation to clients in the highest degree fiduciary, and (4) a relation to colleagues at the bar characterised by candour .....

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Apr 28 1983 (HC)

Balu Ganpat Koshire Vs. State of Maharashtra

Court : Mumbai

Decided on : Apr-28-1983

Reported in : 1983CriLJ1769

..... by many other members of the public. indeed, evidence shows that police had also arrived.9. soon after this incident, the accused was taken to bombay for medical consultation and treatment relating to his mental condition. at that time, dr. vasant pawar, relation of the accused and prosecution witness in this case, was in bombay ..... and replaced by an order of acquittal in favour of the accused. however, in the context of section 334, cr.p.c., a finding is here recorded to the effect that the accused had, in fact, committed the act of resulting in the death of his wife mira and his son sandip. that this is so ..... we hold that the appellant has discharged the burden. there is no reason why the evidence of shyam lal, d.w. 1, and than singh, d.w. 2, should not be believed. it is true that they are relation of the appellant, but it is the relations who are likely to remain in intimate contact. the ..... has been practising as a psychiatrist at nasik. he examined the accused in june, 1977. he was referred to him by dr. vasant pawar himself (p.w. 2) in this case. history of the patient viz., the accused was to the effect that he behaved suspiciously; that he was psychiatric and rowdy; that he had ..... of 1979, the conviction being for an offence of murder punishable under s. 302. penal code, with a sentence of imprisonment for life imposed in that behalf.2. the accused balu ganpat koshire was married to mira some time in 1973. of the said marriage, the couple had a son sandip who was four years' .....

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Jan 07 1983 (TRI)

Vasant J. Sheth Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jan-07-1983

Reported in : (1983)4ITD453(Mum.)

..... incidence of taxation, so far as his individual assessment was concerned. on the above basis the tribunal negatived the application of section 64(2) of the income-tax act, 1961 ('the act'), as claimed by the assessee with regard to the income of the individual properties stated to be thrown into the common hotchpotch ..... by the wife or any newly born minor children of the assessee at that time-also a matter of uncertainty and conjecture. section 64 can apply only to a definite and ascertainable state of things. that in the future and that too after a period long beyond the minority of any existing ..... trust amounts could be applied is 'for the maintenance, residence, education, medical attendance and treatment or any purpose of emergency or urgent necessity, advancement and benefit of the hindu undivided family'. that there was a joint family of ..... property by the individual to the trust for the benefit of the named beneficiaries.even this would not attract the provisions, in our opinion, of section 64. the provisions of the trust deed as to distribution have been quoted above. the only purpose for which during the currency of the ..... the income of the trust fund to the hindu undivided family of vasant jagjiwan sheth for the maintenance, residence, education, medical attendance and treatment or any purpose of emergency or urgent necessity, advancement and benefit of the hindu undivided family of vasant jagjiwan sheth .....

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Mar 16 1983 (HC)

Regional Director, Employees State Insurance Corporation Vs. Shashikan ...

Court : Mumbai

Decided on : Mar-16-1983

Reported in : 1983(2)BomCR260

..... insurance court satisfies the criteria laid down by the full bench of this court in bapusaheb balasaheb patil's case. it performs judicial functions and has been empowered to render definitive decisions, which have finality and authoritativeness so as to bind the parties appearing before it qua their rights. judges to this court are appointed by the state government, in exercise ..... with any question or dispute which by or under the act is to be decided by medical board or medical appellate tribunal or by the employee insurance court is ousted. by section 96(2) of the act, it is declared that the rules made under the said section will have effect as if they are enacted in the act. as already observed the employee insurance court is conferred ..... the state, that is to say the statute itself and secondly while performing the judicial functions that are entrusted to it by law, it had been given power to give definitive decisions having finality or authoritativeness which would be binding on the parties appearing before it. the state government has framed the rules known as bombay employees insurance court rules, 1959 ..... in order to constitute the tribunal a court. in the first place the tribunal or an authority would be a court if it is given a power to give a definitive judgment or a decision which has finality and authoritativeness that would bind the appearing before it so far as the rights litigated before it are concerned and secondly the appointment .....

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