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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: orissa Year: 1952 Page 1 of about 13 results (0.063 seconds)

Jan 07 1952 (HC)

The State Vs. the Editors and Publishers of Eastern Times and Prajatan ...

Court : Orissa

Decided on : Jan-07-1952

Reported in : AIR1952Ori318

..... is free to give evidence on his own behalf by means of an affidavit.12. in this connection, the definition of the word 'manager' in section 2(9) of the indian companies act, as well as begulations 71 and 82 in appendix 'a' to the said act have been brought to our notice and pressed into service. regulation 71 shows that 'the business of the ..... on a number of previous occasions and was therefore likely to be repeated and that it would consequently raise a serious problem, by way of the non-recognition of the medical degrees of the utkal university. it is necessary to emphasize in this context that the judgment has not in terms declared the students concerned to have passed. the concluding and operative ..... , it is stated to be that in view of the fact that the medical degrees of the utkal university have not yet been recognised by the other universities or by the medical council is still under consideration, the other . universities and the medical councjl of india might refuse to recognise the degree of the utbal university when students have been allowed to pass by the ..... a more direct and serious problem, namely, as to the value of the medical degrees of the utkal university abroad.4. it is insinuated that the particular students secured their passes by improper interference by the high court and it is asserted that the other universities and the medical council and the public are likely to prefer the verdict of the syndicate to .....

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Mar 25 1952 (HC)

Jagadish Patel Vs. Patel Tobacco Co. and G.C. Sankar

Court : Orissa

Decided on : Mar-25-1952

Reported in : AIR1952Ori260; 18(1952)CLT284

..... 7. the main arguments advanced by mr. p. misra and mr. s. k. ray on behalf of the petitioners may be summarised as follows :1. clause (a) of section 2 of the impugned act unconditionally delegates to the state government the power of declaring any article to be an essential article and it is invalid to that extent as amounting to abdication of ..... under the provisions of the defence of india rules for regulating the production, supply, and distribution of some essential articles. the central act was limited in its application to some essential commodities only as denned in section 2 of that act. the orissa legislature seems to have thought that similar powers should be conferred in respect of other essential articles and with this ..... dictionary meaning of the expression 'essential' and held that unless an article was 'indispensable, or important in the highest degree' it could not be said to be essential to the life of the present case, however, the impugned act does not say that an 'essential article' must be essential to the life or existence of the community and the ..... co. pty. ltd. and meakes v. dignan' the following section of the transport workers act of 1928-29 was held to be valid.'the governor-general may make regulations not inconsistent with this act, which, notwithstanding anything in any other act but subject to the acts interpretation act, 1901-1918 and the acts interpretation act, 1904-1916, shall have the force of law, with respect to the employment .....

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Aug 22 1952 (HC)

Surendra Mohan Patnaik Vs. Gopal Chandra Patnaik and ors.

Court : Orissa

Decided on : Aug-22-1952

Reported in : AIR1952Ori359

..... prescribes the term of membership of the senate as follows :'12. (a) save as provided for in sub-section (2) of section 8 and in sub-sections (1) and (2) of section 12 of the act, subject to the provision in law i of chapter viii of the statutes, the period of office of the ..... remedy had been invoked by the petitioner and was still pending, we should not entertain this application. we did not desire to give any definite ruling on the point at that stage, and left that question as well as some other objections to the entertaining of the petition to ..... following persons are declared duly elected as fellows of the senate of the utkal university from the constituencies mentioned against each : registeredcollege teachers' constituency.sriram chandrabhanj medical college, cuttack bai bahadurdr. k. n.misra prof, oi glhiical surgery.registeredgraduate school teachers' constituency.cuttackdistrict shribasanta kumar das, b.a., b.l., ..... the state were entitled to send representative fellows to the senate as follows : the ravenshaw college could return two fellows and each of the other degree colleges excluding the cuttack training college could return one fellow each, and all the other colleges put together, that is, the second-grade colleges ..... hodge', (1819) 106 er 392(n), hals-bury's laws of england (hailsham), vol. ix, p, 812 at 813, and -- 'king v. speyer', (1916) 1 k, b. 595 at pp. 613 and 628. i am, therefore, unable to uphold the objection that the relator in this case has no interest to .....

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Feb 19 1952 (HC)

Biswabhusan Naik Vs. the State

Court : Orissa

Decided on : Feb-19-1952

Reported in : AIR1952Ori289; 18(1952)CLT227

..... sanction for prosecution of sri b. b. naik, inspector of factories, orissa, employed in connection with the affairs of the province under sub-section (2) of section 5 of the said act.2. nature of offence committed : criminal misconduct in discharge of official duty. by order of the governor,sd. v. ramnathan, secretary to government.'51 ..... any stage of the trial as material, unless the accused was in fact misled by such omission and it has occasioned a failure of justice.'though definite particulars of the instances, intended to be relied upon, have not been given, the charge has not contented itself with vaguely referring to the offence ..... must be remembered that in all these cases no presumption arises of a conspiracy to ruin the officer. ..... it must also be remembered that the degree of criminality in their offering money to the officer must, in their eyes, be slight and their fear of punishment equally slight. this is not one ..... nature of corroboration, that is required, it has been contended on behalf of the accused, relying again on the rule in 'rex v. baskerville', (1916-2 kb 658) that what is required is confirmation as to a material 'circumstance' of the crime and of the identity of the accused in relation to the ..... that it has come to be treated as almost a rule of law as pointed out in 'rex v. baskerville', (1916) 2 kb 658.this has since been acted upon by all the courts, in india, and forms the standard of guidance in appraising accomplice evidence. the supreme court has .....

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Jan 29 1952 (HC)

Bala Krishna Kar Vs. Ganesh Prasad Bhagat and ors.

Court : Orissa

Decided on : Jan-29-1952

Reported in : AIR1952Ori203

..... , in jaginipur zamindari, are the private 'devotter' properties of the plaintiffs and thati the order passed by the commissioner of hindu religious endowments, under sub-section (2) of section 64 of the orissa hindu religious endowments act. 1939 (orissa act iv (4) of 1939) declaring the said temple to be an 'excepted temple' is wrong.title suit no. 11 of 1945 is a representative suit ..... lands constituting the endowment are either revenue-free or are subject to quit-rent; (18) the daily offerings made 'to the deity are divided among the 'sebaks' according to a definite prescribed scale, namely 9 annasi and the rest is taken out for distribution; (19) there is a total absence of evidence on the side of the plaintiffs as to whether ..... , however, get from the document, ext. 4 of 1856 that the deities were installed in tine temple by one bharati from before 1856, though it cannot be said, with any degree of'exactitude how long ago the temple of baldev jieu was founded in jaginipur.' ext. 4 neither makes any mention of the installation of tine deities nor of the construction ..... this right of trusteeship has. therefore, devolved by hereditary right and would constitute the plaintiffs as hereditary trustees within the meaning of orissa act iv (4) of 1939. the use of the phrase 'has been hereditary' in the definition of 'excepted temple' would also make no difference and no proof is required to show that the hereditaryright has continued in the same .....

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Dec 12 1952 (HC)

The State of Orissa Vs. Minaketan Patnaik

Court : Orissa

Decided on : Dec-12-1952

Reported in : AIR1953Ori160

..... are all the requirements oi a judgment. it is clear therefrom that the actual direction regarding the result of the case as provided in sub-sections (2), (3), and (4) forms the essential part of the judgment. it is only where there is any difference as to those requisites, ..... the civil supplies officer, as soon as the prosecution has proved that the civil supplies officer accepted the sum, the presumption under section 4 of the prevention of corruption act (ii of. 1947) would apply and in the absence of any evidence on the side of the accused it must be held that ..... to contradict witnesses by their so-called previous oral statements proved through the mouth of other witnesses without first giving them an opportunity of explaining the same. section 145, evidence act in terms, refers only to previous written statements and there is a difference of view, see -- 'mt. misri v. emperor', air 1934 sind 100 ..... other considerations based on general principles of english law regarding the liberty of a subject. moreover, at this stage it cannot be stated with any degree of certainty that the liberty of the opposite party would, in fact, be jeopardised even if their lordships of the supreme court decide the questions ..... mind, therefore; it is quite clear that the case does not fall within the. contingency contemplated by section 429, criminal p. c. it is neither illegal, nor uncommon for a judge to have a definite view on the facts and law of a particular case, but not to be prepared to insist in .....

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Sep 19 1952 (HC)

Brundaban Chandra Dhir Narendra Vs. the State of Orissa in the Revenue ...

Court : Orissa

Decided on : Sep-19-1952

Reported in : AIR1953Ori121

..... now in force and sre deemed to have been made under the orissa court of wards act, 1947, under sub-section (2) of section thereof. rule 81 says that in the case of a proprietor falling under categories (a) to (d) of section 6 (corresponding to section 10 of the orissa act) ordinarily no recommendation will be made to take over the estate if the proprietors have ..... 1899 was in force. to the rest of the province, the bengal court of wards act of 1879 was applicable. all these three acts were repealed by section 2, orissa court of wards act, 1947, and a single act applicable to entire orissa was enacted being orissa act 26 of 1947. it may be mentioned at this stage that some of its main provisions followed verbatim the ..... madras court of wards act, 1902. section 10 of the orissa act enumerates the categories of proprietors who should ..... be disqualified for the management of his properties under section 10 (f) (iv) of the court of wards act. the enquiry contemplated by this notice was held by the collector, after which he submitted his report dated 24-2-1951. he states in the report as follows: 'in the circumstances mentioned above, i am definitely of opinion that there are no grounds for taking .....

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Apr 22 1952 (HC)

The State Vs. Minaketan Patnaik

Court : Orissa

Decided on : Apr-22-1952

Reported in : AIR1952Ori267

..... the mere proof of the passing of money from p. w. 1 to the accused is enough to displace the presumption of his innocence.9. section 4 of act ii of 1947 requires that the prosecution should prove that the accused accepted or agreed to accept the amount as a gratification. 'accept' means 'to take ..... any money as bribe and that the currency notes were 'planted' under the inkstand. after considering the entire evidence on the point he came to the definite finding that the accused was the victim of a nefarious plot organised by the inspector with the assistance of p. ws. 1, 3 and 4. on ..... the presumption of innocence beyond reasonable 'rex v. carr-briant', (1943) 1 k. b. 607, a case under the prevention of corruption act of 1916, the court of criminal appeal in england held that in a case where, either by statute or common law, some matter is presumed against the accused, ..... to be accepted' for corrupt purposes.when the law raises a presumption against the accused and calls upon him to prove the contrary, the quantum and degree of proof required to displace that presumption are just those required in a civil case; and the contrary can be said to be proved if the accused ..... to be applied or how the particular facts of the case supposed by the illustration come under the principle'.in 'mahomed syedol ariffin v. yeoh ooi gark', (1916) 2 a. c. 575 (pc) the privy council emphasised the importance of illustrations in construing statutes in the following terms : --' is the duty of a .....

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Dec 02 1952 (HC)

Kalinga Tubes Ltd. and ors. Vs. D. Suri and anr.

Court : Orissa

Decided on : Dec-02-1952

Reported in : AIR1953Ori153

..... about to be made in respect of a 'suspected' offence, is clearly to the effect that the issue of the search-warrant is not confined to cases where there is definite and legally admissible material about the commission of anoffence which in the normal course can only be after regular investigation under chap. 14. it would, therefore, not be correct to ..... .10. it is, however, pointed out that if the search-warrants in these particular cases are warrants for general search, they can be justified with reference to clause (ii) of sub-section (1) of section 96, criminal p. c. only if the magistrate 'considers that the purposes of any inquiry, trial or other proceeding under the code will be served by the general ..... prior to investigation and with reference to clauses (i) and (ii) of sub-section (1) of section 96 which clauses are recognised as relating to particular view of the fact that the previous sub-section (i) of section 165 has been substituted by the 1923 amendment act by the present sub-section (1) of section 165 which requires the 'specification of the thing as far as ..... the prestige and business of individuals and business houses by unfounded and arbitrary searches. see 'air 1940 cal 97 at p. 101 (g)' and -- 'piyarelal v. thakur dat sharma', air 1916 lah 274 (k). it is therefore of paramount importance to confine the issue of search-warrants whether of a general nature or of a particular nature to the strict requirements .....

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Oct 07 1952 (HC)

Bhaskar Sarap and ors. Vs. Dinabandhu Panda

Court : Orissa

Decided on : Oct-07-1952

Reported in : AIR1954Ori51; 19(1953)CLT213

..... plaintiff. now the lower appellate court having examined the title deeds of four years, referred to above, relied on by the defendant has come to a definite finding that in fact they do not appertain to the disputed lands, and, as such, the defendants have failed to prove title to the property ..... on behalf of the appellants, has first urged that the suit must be thrown out as barred by limitation as provided for under section 94, c. p. tenancy act, 1898. the section runs thus:'94 (1) the period of limitation for a suit instituted by a tenant other than absolute-occupancy tenant to recover possession ..... nag 78 (b). both these cases are governed by article 1 of schedule 2, c. p. tenancy act, 1920. the language of article 1, schedule 2 is distinctly different from the language of. section 94 of act of 1898. article 1 of schedule 2 runs thus:'for possession of a holding by a person claiming to be a ..... in fact, the disputed lands were leased out to the predecessors-in-interest of the defendants by virtue of four leases of the years 1912, 1915, 1916 and 1921, and that since then they have been in possession of them. they had also taken up the plea of limitation.3. the trial ..... that the plaintiff having brought a suit for declaration of title and for recovery of possession the suit even if it is governed by article 142, limitation act, he (the plaintiff) has got to prove his possession and dispossession within 12 years. this argument of mr. rao completely ignores the most important 'feature .....

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