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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: orissa Year: 1963 Page 1 of about 8 results (0.054 seconds)

Nov 14 1963 (HC)

Satya Mali Vs. the State

Court : Orissa

Decided on : Nov-14-1963

Reported in : AIR1964Ori173; 1964CriLJ42

..... has been ignored. neither the chemical examiner's report nor that of the two medical officers shows that the death of the five persons was due to poisoning. p. w. 15 also has not been able to say definitely that the sickness caused to the disciples who survived was due to the administering of ..... important piece of evidencein favour of the petitioner was not brought on record,according to law. thus p. w. 11 (dhanapati bhag)while being examined under section 164 cr. p. c. statedthat after sacrificing a goat the heated liver of the goatwas also distributed, along with the pills to the disciplesby the petitioner. ..... been caused by the pills administered to them by the petitioner with the help of dasarathi and that he was guilty of a rash and negligent act. the lower appellate court thought that the chemical examiner submitted his report only on 11-7-1962 even though the incriminating articles had been sent to ..... died only at 4 p. m. he has not stated that during this interval they did not take any other food or drink. similarly p. w. 2 stated that he became giddy and intoxicated only two or three hours after taking the pill. p. w. 3 has given the interval as more than an ..... and the sentence of rigorous imprisonment for two years for the former offence and 4 months for the latter offencel passed by a first class magistrate of sambalpur.2. the case is undoubtedly of an extra-ordinary nature. in village dhama p. s. sambalpur one dasarathi sahara (who was tried along with the petitioner but .....

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Nov 06 1963 (HC)

Jagat Krishna Das and anr. Vs. Ajit Kumar Das and ors.

Court : Orissa

Decided on : Nov-06-1963

Reported in : AIR1964Ori75

..... just to the same extent as if it has been asked for. on the finding that defendant-1 married again, plaintiff-2 is entitled to claim maintenance under section 2(4) of act 19 of 1946. 10. i shall now examine how far the plaintiffs have established a case of desertion by defendant no. ..... date the partition suit was filed. he is therefore entitled to a share in the partition. 9. under sec. 2 of hindu married women's right to separate residence and maintenance act, 1946 (act 19 of 1946), a hindu married woman shall be entitled to separate residence and maintenance from her husband on ..... . b. mohanty, however, contends that the claim for maintenance was not based on second marriage and the relief for maintenance should not be granted under section 2(4). the contention is devoid of any force. plaintiffs' positive case being one of concubinage, she cannot take to the alternative case of second marriage. ..... by an intention to abandon his interest in thedisputed land and to get a share out of the investment made by defendant no. 5, raghabanandawas definitely a gainer. by abandoning exclusiveinterest for a more profitable bargain in a jointinterest, a clear intention to abandon exclusiveright is evinced. so also in the ..... that he spent rs. 12,000/- to rs. 15,000/- on constructions. out of the 2 versions we are inclined to accept the story given by defendant-5 as true. bankim (defdt.-2) was born in 1916 and defendant -1 in 1922. bankim cannot have personal knowledge about matters at least before 1926 .....

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Apr 18 1963 (HC)

Kalinga Tubes Ltd. and ors. Vs. Shanti Prasad JaIn and ors.

Court : Orissa

Decided on : Apr-18-1963

Reported in : AIR1963Ori189

..... part i, p. 58, the following passage occurs :'offer to the public -- what is an offer to 'the public' cannot be definitely stated. the act contains no definition, and an offer 'to the public' is not a technical expression; it should therefore be read in its popular sense. now, in common ..... of the affairs ot the company which cannot otherwise be suitably dealt with under the other provisions of the act. we accordingly recommend the enactment of 2 sections :'on the basis of this report, section 398 was enacted. it was rightly observed in an unreported decision of the calcutta high court in company ..... irresistible conclusion is that all the documents called for were produced in court and were available for inspection. some of the documents were definitely inspected by the petitioner.there is no other evidence whether other documents produced in court in accordance with the court's direction were actually ..... , and the controversy need not be further pursued. the nature of the company, when it was private, was in substance a partnership. in (1916) 2 ch 426 in re, yenidje tobacco co. ltd., cozens hardy m. r. observed :'but ought not precisely the same principles to apply to ..... mismanagement. in my view, the application under section 398 is wholly misconceived. facts identical with those alleged under section 397 have been made the basis of an application under section 398. the two sections cover two different fields though there may be some degree of over lapping in the facts and circumstances .....

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Dec 10 1963 (HC)

Giridhari Lal and ors. Vs. Thakurdas

Court : Orissa

Decided on : Dec-10-1963

Reported in : AIR1964Ori170

..... with law or did not constitute a step in aid of execution or was not made to the proper court. the first two objections were definitely not taken. the third objection was not taken in conformity of the observation of their lordships of the judicial committee in 55 ind app 227 ..... was on the decree-holders to establish that the two intermediate execution cases filed in the court of jhunjhun saved limitation. section 3, limitation act, enacts--'subject to the provisions contained in sections 4 to 25 (inclusive), every suit instituted, appeal preferred, and application made, after the period of limitation prescribed therefor ..... the limit of its jurisdiction to execute its own decree. it retains this jurisdiction until it sends a certificate of non-satisfaction under section 41, c. p. c.(ii) the transferor court is not, however, deprived of its jurisdiction to execute the decree. it still retains jurisdiction to execute the ..... certain observations of the privy council in maharajah of bobbili v. sri raja narasaraju peda baliara simhuiu bahadur, 43 ind anp 238 : (air 1916 pc 16). the facts of that case were that by the order of the court of the district judge, the decree dated 5th april, ..... the decree-holders clearly refer to the two intermediate executions and their dates of disposal in accordance with the provisions of order 21, rule 11 (2) (f) which prescribes that the execution application shall contain in tabular form the particulars whether any, and (if any) that previous applications have .....

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Oct 01 1963 (HC)

Paramhansa Jadab and anr. Vs. the State

Court : Orissa

Decided on : Oct-01-1963

Reported in : AIR1964Ori144; 1964CriLJ680

..... confession before a post master was held inadmissible. in mt. hassan pari v. emperor, air 1941 pesh 22, confession before a medical officer in hospital was held inadmissible under section 26 of the evidence act as police custody had commenced. in emperor v. mt. jagia, air 1938 pat 308 the very fact that the accused was ..... against him may be deemed to have submitted himself to the custody of the police officer within the meaning of section 27 of the indian evidence act.' 14. here regular investigation of the case commenced on 15-2-62 by the s.i. (p.w.20) and the inspector of police (p.w.22), took ..... to dr. hazra (p. w. 1). as the body was in an advanced stage of decomposition the medical officer could not say how the head was severed from the body and he could not give any definite opinion about the cause of death. similarly, he could not give any opinion about the cause of severance ..... be making an untrue statement with a view to take the confession outside the scope of section 26 of the evidence act. the inspector was very careful to say that he arrested paramhansa at 9 a.m. on 19-2-1962. but ia the circumstances of this case i would hold that paramhansa was in ..... except his extra-judicial confession. the crucial question for consideration is whether that, extra-judicial confession made before dr. asthana. (p. w. 6) on 18-2-62 in the afternoon and again repeated before uchhab swain (p. w. 12) on the next day early morning is admissible. when questioned about this confession paramhansa .....

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Aug 19 1963 (HC)

State of Orissa Vs. P. Krishnaswami Murty

Court : Orissa

Decided on : Aug-19-1963

Reported in : AIR1964Ori29

..... action, and has been afforded an adequate opportunity of defending himself. the grounds on which it is proposed to take action shall be reduced to the form of a definite charge or charges, which shall be communicated to the person charged together with a statement of the allegations on which each charge is based and of any other circumstances which ..... er 176. it was held that where the statute conferred on the, minister the power to satisfy himself that the local authority had served appropriate notice under section 63(1) of the housing act, the satisfaction of the minister would ordinarily be sufficient subject to the following qualification:'no doubt the minister must not be satisfied with unreasonable readiness or with ..... plaintiff as he was deliberately avoiding to receive communication and that consequently the deputy commissioner was compelled to exercise the discretion conferred on him by proviso (b) to article 311(2).mr. rath, learned counsel for the deputy commissioner however contended that though the order of the deputy commissioner (ex. f) does not expressly show that he considered the ..... satisfaction is the 'subjective' satisfaction of the superior authority holding the enquiry. but rule 55 of the civil services (classification, control and appeal) rules and proviso (b) to clause (2) of article 311 of the constitution requires that the reasons for such satisfaction should be recorded in writing, thereby giving some sort of limited jurisdiction to court to examine whether .....

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Mar 27 1963 (HC)

Asok Kumar Pani Vs. the State and ors.

Court : Orissa

Decided on : Mar-27-1963

Reported in : AIR1963Ori173

..... to be taken into consideration and it must necessarily be left to the discretion of the selecting authority. shri r. k. biswal had also definitely higher qualification in the sense that he was doing the 1st year degree course of whereas the petitioner had remained content with merely passing the pre-professional examination. in any case we have no jurisdiction ..... narasimham, c.j. 1. this is a petition under article 226 of the constitution by an unsuccessful appellant for admission to one of the medical colleges in the state of orissa for the academic year 1962-63.2. on the 8th june 1962 a notice was issued in the orissa gazette inviting applications from students having the necessary qualifications for admission to the ..... . secondly the selection board had no jurisdiction to delegate their power of making selections to the principals of the respective medical colleges under any circumstances. in addition to these 2 grounds some of the facts stated by dr. radhanath misra, principal of burla medical college, in paragraph 12 of his counter affidavit as regards the relative merits of petitioner and shri r. k ..... medical colleges in the state of orissa, the minimum qualification being i. sc. or pre-professional examination, with physics, chemistry and biology as subjects. the .....

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Dec 04 1963 (HC)

Alekh Prasad Behera Vs. the State

Court : Orissa

Decided on : Dec-04-1963

Reported in : 1964CriLJ102

..... by the accused. thus even if p. w. 1is held to be a minor, the other ingredient of the offence not having been established no case under section 366 indian penal code is made is unnecessary to examine some other evidence adduced on behalf of the accused to show-that he was in fact absent ..... version that supports him.8. in a case reported in biswanath ghosh v. state, : air1957cal589 . it was held that in the present state of the development .of medical science-and the present state of knowledge, the court must proceed on the evidence of age as furnished by. the ossification test. in a case of this court, reported ..... ileum. he admitted that considering all aspects of ossification (p. w. 1 was probably more than 18 years. p. w. 2 the lady doctor also admitted in her cross exanimation that she could not say definitely if p. w.1 was not more than 18 years. if the evidence of these two doctors are taken into consideration it can ..... documents including some letters that passed between him and p. w. 1 as well as some of their photographs.4. at the trial the accused was charged under section 366, indian penal code for having kidnapped p. w. 1 aged 15 years from basta railway station on 22-3-1962 while she was trying to board the ..... that the prosecution has failed to make out a case against the accused beyond all reasonable doubt. the conviction and the sentence of the accused under section 366, indian penal code are accordingly set aside and he is directed to be set at liberty forthwith. .....

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