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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: punjab and haryana Year: 1963 Page 1 of about 15 results (0.078 seconds)

Feb 28 1963 (HC)

Munishwar Datt Vashisht Vs. Smt. Indra Kumari

Court : Punjab and Haryana

Decided on : Feb-28-1963

Reported in : AIR1963P& H449

..... ) his lordship concluded:)from the above, i am not satisfied that she was mentally afflicted in terms of section 5(ii) of the act.43. i may now refer to the effect of the medical evidence of dr. dlesh, dr. vidya sagar and dr. dayal singh and also the condition of indra ..... me that the evidence on the record, suggesting pre-nuptial unsoundness of mind, to be rather slender. efforts might have been made to produce definite and convincing evidence showing an attack of lunacy immediately before the marriage. the doctors, who might have treated her before her marriage, have not ..... and convincing. courts must eschew matters and considerations which are irrelevant and extraneous and concentrate upon the real question in issue, namely, the degree of mental infirmity at the time of marriage invalidating its solemnisation. the evidence of pre-nuptial or post-nuptial insanity must be such from ..... and affection which persons with weaker intellects may also feel and the discernment or soundness of judgment while contracting marriage is of a lesser degree than in the case of an ordinary contract. it will suffice to say that persons solemnising marriage must possess a mental capacity sufficient to ..... of marriage and the duties and responsibilities entailed by it. it is not possible to define in more precise terms the extent or the degree of mental capacity. broadly, the mental incapacity to enter into marriage should approximate to mental incapacity which disables a person from entering into contracts .....

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Jan 04 1963 (HC)

Bhikhan Bobla and ors. Vs. the Punjab State and ors.

Court : Punjab and Haryana

Decided on : Jan-04-1963

Reported in : AIR1963P& H255

..... a fresh scheme is brought into force or a change is ordered in pursuance of provisions of sub-sections (2), (3) and (4) of section 21, or an order passed under section 36 or section 42 of this act.'thus, under this provision, after coming into force of scheme, the possession of the new allottees shall ..... by the scheme as finally confirmed. the consolidation officer may allow themto enter into such possession forthwith or fromsuch date as he may specify. sub-section (2) provides for a contingency where there is no agreement as to entry into possession. in such a case,the owners or tenants are entitled ..... justice p. 120). on this matter the authors of the report expressed themselves as under -'but although 'natural justice' does not fall within those definite and well-recognised rules of law which english courts of law enforce, we think it is beyond doubt that there are certain canons of judicial conduct to ..... whole, to adopt the one approved by my learned brother tek chand j., though i must confess that i am doing so, not without a certain degree of hesitation. with these observations, i would agree with this conclusions and broadly with his reasoning.h.r. khanna, j.70. i have gone ..... the statements which i have quoted may at least be taken to emphasise the essential requirements that the tribunal should be impartial and that the medical practitioner who is impugned should be given a full and fair opportunity of being heard. these are conditions of the validity of any decision enunciated .....

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May 20 1963 (HC)

Mool Chand Vs. Rulia Ram Panna Lal and anr.

Court : Punjab and Haryana

Decided on : May-20-1963

Reported in : AIR1963P& H516

..... them amounts to the corrupt practice of 'bribery' according to section 123 ?7. the provisions as to disputes regarding elections are given in part vi of the act. in chapter 1 there is definition of the word 'candidate' in section 79(b) and this definition reads:'79. in this part and in parts vii and viii ..... learned brother and after devoting my best attention to the case i agree with the final order that this appeal falls, but with a certain degree of hesitation.11. it is unnecessary to re-state the facts of the case which have been fully stated in the judgment of my learned ..... has been held by the learned judges not to amount to any offer or promise of gratification and hence corrupt practice of bribery within section 123 (1) or (2); but the ground upon which the learned judges have proceeded was that any such offer or assurance was not of substance because the candidate ..... to humour, indulge; to comply with; to concede (an objection). 6. to render acceptable.'and the meaning of the word 'gratification' is --'1. the act of gratifying, 2. the state or fact of being gratified or pleased; enjoyment, satisfaction. 3. a reward, recompense, gratuity; a bribe.'in the same dictionary this is the ..... his brother in the neighbouring constituency of samalkha by respondent no. 1.'in annexure 1 to the election petition are given particulars of bribery and paragraph 2 says --'2. respondent no. 1 approached shri jai singh, who was a candidate, at panipat on 1st february, 1962, that if he and shri zila .....

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Jan 22 1963 (HC)

The Northern India Caterers Private Ltd. Vs. the State of Punjab and a ...

Court : Punjab and Haryana

Decided on : Jan-22-1963

Reported in : AIR1963P& H290

..... this purpose. hence, this bill.'the word 'collector' is defined in section 2(a) to mean the collector of the district, and includes any other officer appointed by the state government for performing the functions of the collector under this act. the definition of 'public premises' is wide so as to include premises belonging to ..... in (1960) 62 pun lr 871: (air 1961 punj 98). elaborate procedure for hearing is provided, as also the right of appeal. section 4(2) of the punjab act requires that notice shall specify the grounds on which the order of eviction is proposed to be made. thus the occupant of the public premises ..... excluded from the computation. in the case of in re railway sleepers supply co., (1885) 29 ch d 204, it was provided under section 51 of the companies act, 1862, that interval of not less than fourteen days was to elapse between the meetings passing and confirming a special resolution of a company. ..... point of view and 'make one sided presentation without an opportunity to know, and then refute the case of the government, is unfair. section 6 of the punjab act was also criticised as it contemplated a tenant not only losing his possession of the premises but also his possession on the premises. in ..... of such interest is not on any higher footing.'in view of the above observations of the supreme court, it cannot be contended with any degree of conviction that the provisions of article 19(1)(f) are attracted and can be availed of by a person in the situation of the petitioner .....

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Feb 21 1963 (HC)

Roshan Lal Goswami Vs. Gobind Raj and ors.

Court : Punjab and Haryana

Decided on : Feb-21-1963

Reported in : AIR1963P& H532

..... classes of persons.--(1) where any person to whom the provisions of this section apply, is in lawful possession of any immovable property of the class notified under sub-section (2), which is transferred to another person under the provisions of this act, notwithstanding anything contained in any other law, such person shall, without prejudice ..... possession's is the right of the possessor to continue in possession. on course, there always are degrees of possession depending upon the relationship of a person to the thing under his control highest degree of possession is imputed to the person who considers himself, rightly or wrongly, to be the owner of ..... land, a mortgagee, a borrower, a pledgee or a servant entrusted with the property of his master, a higher degree of control was called by the early civilans possessio and it was a lower degree of control when possession was on behalf of another, 'alieno nomine possidere'. the later civilians called the lower ..... degree of possession by the name of detentio (vide jurisprudence by holland page 199). in the case of a mere detention, as by ..... not the owner, or the sole owner of the demised premises, or that he is a mere trustee. these principles are embodied in section 116 of the indian evidence act. there is ample authority for the proposition that a tenant who: has been let into possession cannot deny his landlord's title, .....

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Mar 28 1963 (HC)

Dr. S. Dutt Vs. the Visitor of the University of Delhi and ors.

Court : Punjab and Haryana

Decided on : Mar-28-1963

Reported in : AIR1963P& H331

..... by the petitioner clearly provided :'every such request shall be deemed to tie a submission to arbitration upon the terms of this section, within the meaning of the arbitration act, 1940, and all the provisions of that act, with the exception of section 2 thereof, shall apply accordingly'.if any objections to the award given by the tribunal were filed on behalf of the university ..... futile in its result' nor will it be issued for the gratification of mere curiosity without any some proper or definite purpose. the discussion above leaves no room for doubt that the petitioner cannot effectively invoke the powers of the visitor under section 7a(7) in respect of the representation made by him which is the foundation of his grievance. moreover, as ..... inspection or inquiry.(5) the chancellor shall have such other powers as may be conferred on him by this act or the statutes.(6) every proposal for the conferment of an honorary degree shall be subject to the confirmation of the chancellor.'section 11 provided that the vice-chancellor shall be appointed by the chancellor after consideration of the recommendations of the executive .....

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Dec 02 1963 (HC)

Sohan Lal Kirpa Ramnad ors. Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Dec-02-1963

Reported in : AIR1965P& H212

..... point referred may briefly he stated as follows:under the punjab development of damaged areas act 1951, which replaced the punjab development of damaged areas act 1951 which replaced the punjab development of damaged areas ordinance (16 of 1950), 'damaged area', as defined in sub-clause (d) of section 2 means 'an area which the state government may be notification declare to be a ..... issued which was later on replaced by the punj development of damaged areas (validation) act, 1963, which received the assent of the president of india on 29th of march, 1963, and was published in the punjab gazette extraordinary on 31st of march, 1963. the main operating section is section 2 which is to the following effect:'notwithstanding any judgment, decree or order of any ..... with approval. m. p. v. sundararamier and co. v. state of andhar pradesh, air 1958 sc 468 and j. k. jute mills co ltd v. state of uttar pradesh air 1916 sc 1534 were cases where legislations passed to validate retrospectively taxing statutes were held to be valid. reference was also made to jadab singh's case, air 1960 sc 1008 ..... there was no subsisting notification after 11th of may, 1951, declaring the areas concerned as damaged areas under the aforesaid act and, consequently, the areas in question could not be treated as damaged areas within the definition of that term under the act, this contention was upheld by the supreme court in t. m. l. s. bradari v. amritsar improvement trust. air 1963 .....

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Mar 26 1963 (HC)

Gurmukh Singh S/O Gulab Singh, Delhi Vs. Union of India (Uoi), New Del ...

Court : Punjab and Haryana

Decided on : Mar-26-1963

Reported in : AIR1963P& H370

..... sic) cannot pass an order dismissing such an officer who had been appointed by an officer of the rank of deputy inspector general i.e. of definitely a higher rank, and so far as any rule or statute permits such an action, that rule or statute must be held to be ultra vires ..... : 'there is, however, another point raised and in the courts below decided adversely to the plaintiff which has given their lordships considerable anxiety. section 96b (of the govt. of india act, 1919) contains the following proviso: 'but no person in that service (the civil service of the crown) may be dismissed by any authority ..... by the general manager of the railway, but the appellant was actually appointed in his post in the medical service of the railway in accordance with the principles contained in the letter by the chief medical officer, and it was held that the latter was the appointing officer. 8. the main question is ..... 7. 5 whether the suit is within time? 6. relief. 5. the three points decided against the plaintiff by the trial court were on issues (2), (3) and (4), it being held that he had reasonable opportunity to defend himself in the inquiry, that the officer who held the inquiry was ..... as follows: 1. whether the plaintiff was dismissed from service by an officer subordinate in rank to the appointing authority? if so, to what effect? 2. whether reasonable opportunity was not afforded to the plaintiff to defend himself in the inquiry which resulted in his dismissal 3. whether the officer who held .....

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Oct 03 1963 (HC)

Nand Lal More Vs. the State

Court : Punjab and Haryana

Decided on : Oct-03-1963

Reported in : 1965CriLJ393

..... by the provisions of section 5 of the act, sub-section (1) of which reads as under:if any person having in his possession ..... communication or receipt of which is made penal by the official secrets act, must relate or be used in a prohibited place and as the rashtrapati bhavan printing press was not a prohibited place as defined in section 2(8) of the act, the communication of any information derived from that place was not hit ..... magistrate wanted to examine mehra as an approver. thereupon, the accused persons objected that as the proceedings before the magistrate were only under section 5 of the official secrets act and section 120b of the indian penal code, mehra could not be examined as an approver. the magistrate held that mehra could be treated as ..... again treated by the doctor on 12th, 14th.and 16th of march 1956. the evidence of dr. ved parkash thus goes to show that requisite medical aid was given to chadha because of his dyspepsia during the days he was in police custody before the making of the confession. there is nothing ..... been so universally followed that it has almost become a rule of law. the law was laid] down in england in the king v. baskerville 1916-2 kb 658 which has rightly been considered as the locus classics of the law of the approver's evidence and has been followed by the courts in .....

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May 30 1963 (HC)

Dr. Anup Singh Vs. Abdul Ghani and ors.

Court : Punjab and Haryana

Decided on : May-30-1963

Reported in : AIR1963P& H429

..... ; but this would render strict compliance with the requirement of the law extremely difficult and practically impossible. very few persons, none with unsteady hands would be capable of making a definite mark with strict accuracy, and yet any deviation from it might lead to the identification of the voter. but that in our opinion is not the way in which these ..... penal consequence is provided for contravention of this provision, (ii) sub-section (3) of section 81 requires attestation by the petitioner himself under his own signature and where the act has permitted an act to be done by another person it has so provided as in section 81(2)(a)(ii), and (iii) requirement of sub-section (3) of section 81 is similar in nature as the requirement of rule ..... -(a) whether the election petitions of respondents, shri lachhman singh and shri abdul ghani, are to be dismissed under sub-section (3) of section 90 of the representation of the people act, 1951, for non-compliance with sub-section (3) of section 81 of that act? and (b) whether three ballot-papers, exhibits p-1 to p-3, cast in favour of shri abdul ghani respondent ..... consideration in these appeals is the claim of the appellant that both the election petitions are liable to dismissal under sub-section (3) or section 90 because of non-compliance of sub-section (3) or section 81 of the representation of the people act, 1951 (act 43 of 1951). 5. the last question was considered as one of the preliminary questions by the learned tribunal, and .....

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