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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: rajasthan Year: 1963 Page 1 of about 7 results (0.079 seconds)

Jan 03 1963 (HC)

Bal Krishna Vs. District Traffic Superintendent, Western Railway (by D ...

Court : Rajasthan

Decided on : Jan-03-1963

Reported in : (1963)IILLJ187Raj

..... , the remaining claim will be at an average rate of rs. 200 only in all the three applications.7. when the present applications were filed, the definition of ' wages' as contained in section 2(vi) of the act stood, as follows;wages' means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express ..... and any sum payable to such person by reason of the termination of his employment, but does not include(a) the value of any house-accommodation, supply of light, water, medical attendance or other amenity, or of any service excluded by general or special order of the state government;(b) any contribution paid by the employer to any pension fund or ..... .i.r. 1956 m.b. 152 (vide supra) it was held that standard wages fixed by government did not come within the purview of the definition of 'wages' contained in section 2(vi) of the payment of wages act as they could not be regarded as remuneration payable under the contract of employment entered into between the employer and the employee. the decisions in ..... bearing on the question as to whether dearness allowance is ' wages ' within the meaning of the definition of the term as contained in section 2(vi) of the payment of wages act before its amendment in 1957 and whether it is not recoverable on an application under section 15.22. the learned counsel for the applicant tried to draw some inferences from the stray observations .....

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Sep 23 1963 (HC)

Shiv Ram Vs. Shiv Charan Singh

Court : Rajasthan

Decided on : Sep-23-1963

Reported in : AIR1964Raj126

..... this does not appear to us to be correct in view of clause (a) of sub-section (2) of section 36 of the representation of the people act, 1951 (act no. xliii of 1951, hereinafter referred to as the act of 1951) which, inter alia provides that a nomination paper may be rejected on the ground ..... like this could even be raised before the returning officer under section 36(2)(a), and futher it has been made a definite ground for the avoidance of the election under section 100(1)(a) of the act of 1951. we are, therefore, definitely of the opinion that this case can furnish no help whatsoever ..... in which a candidate had omitted to specify his age in his nomination paper and the returning officer rejected it under section 36(2)(b) of the act of 1951. section 36(2)(b) lays down that a returning officer may reject any nomination paper where there has been a failure to comply with ..... election to fill a seat if he is qualified to be chosen to fill that seat under the provisions of the constitution and this act.' by section 36(2) it is provided that on the date fixed for the scrutiny of nomination papers, it will be the duty of the returning ..... to the appellant.24. the conclusion, therefore, to which wecome is that there is nothing in section 36(7) of the act of 1951 or section .....

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Nov 19 1963 (HC)

Bishambhar Dayal Vs. Moolchand and ors.

Court : Rajasthan

Decided on : Nov-19-1963

Reported in : AIR1964Raj179

..... in india in the matter of granting injunction the rules for the guidance of the courts are to be found in chapter x of the specific relief act (sections 54, 55 and 56). the exercise of the court's jurisdiction to grant relief by injunction must, it is plain, in dispute between the partners ..... expect, and that such impossibility has not been caused by the person seeking to take advantageof it.' same is the law under the indian partnership act (see section 44 clauses (c,d,f and g). therefore, the proper remedy for the plaintiff in this situation was to sue for the dissolution of the ..... by the courts below that the defendants by their conduct had made the proper running of the business impossible. in re, yenidje tobacco co. ltd. 1916-2 ch 426 where there was a private limited company, disputes had arisen amongst the directors and they became so hostile that neither of them would speak to ..... themselves as to render the carrying on of the business impossible in a proper manner. no proper issues were framed on these points beyond issue no. 2, which was in general terms viz., 'whether the plaintiff is entitled to permanent injunction in terms of para 7 of the plaint.' the trial court ..... further by the decree, plaintiffs have been given possession of the cinema, house, its furniture and cinematograph etc. which was in possession of the receiver. 2. moolchand plaintiff filed the suit and the plaint has been drawn in a very disingeneou's manner. there is no reference in the plaint to the .....

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Apr 18 1963 (HC)

Govind Ram Vs. Abdul Wahab

Court : Rajasthan

Decided on : Apr-18-1963

Reported in : AIR1963Raj234

..... . so far as that view is concerned, i think it is opposed to the clear provisions contained in section 79 of the evidence act read with section 60 of the registration act. section 60(2) of the registration act provides that a certificate of registration shall be signed, sealed and dated by the registering officer and shall then ..... sufficient, i think, there is a good deal of circumstantial evidence in this case on which reliance can be placed by reading section 67 with section 3 of the evidence act. there is authority for holding that the execution or authorship of a document is a question of fact and can be proved like ..... of govindram is read in the manner i have pointed out above, he has not definitely identified the thumb-mark of mst. govindi baiwhich he should have done. that is undoubtedly so; but that only displays the degree of vigilance with which cases are sometime conducted in ourcourts.14. this is all the ..... in the presence of the sub-registrar. this certificate, as already discussed, requires no further proof and its genuineness must be presumed under section 79 of the evidence act.20. as against all this, there is no direct or circumstantial evidence on the side of the defendant that the sale in question had ..... be entitled to possession. as regards costs, as a good deal of trouble has arisen in this case because the case was not conducted with that degree of care on the side of the plaintiff with which it should have been, i would allow him half the costs in all the courts.28 .....

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Jul 31 1963 (HC)

Prabhati and ors. Vs. State

Court : Rajasthan

Decided on : Jul-31-1963

Reported in : 1966CriLJ1332

..... , he took up the case of the two accused prabhati and kanhaiya son of mahadeo. against prabhati, besides the identification evidence, there was the evidence of his statement under section 27, evidence act, made during investigation vide ex. p-68 that he had given six bangles to ramjilal sunar pw/21 through dhuria baori of samras. on this information, bangles ex. 15 ..... be mentioned at the out set (1) that the evidence against the appellants consists of (1) the evidence of identification by prosecution witnesses 1 to 7. (2) the statements of the accused under section 27, evidence act, leading to the discovery of facts and recovery of property either from the possession of the accused or from other persons who state to have received ..... by mst. gulab (pw/29) and suwalal (pw/30). 18. similarly, against kanhaiya son of mahadeo, besides the identification evidence there was the evidence of his statement under section 27 of the evidence act ex. p-56 that he pledged the stolen property with ramdeo darji through kanhaiya son of wazira. it was argued that the statements of prabhati and kanhaiya son ..... to keep them in baparda and warned them to remain so. he arrested prabhu and kanhaiya on 24-10-60. during investigation the various accused gave information under section 27 of the evidence act leading to discovery of certain facts and the consequent recovery of stolen properties either from the possession of the accused or from some other persons at their instance .....

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Jul 15 1963 (HC)

Ranamal Vs. Firm Bachraj Chuni Ram and ors.

Court : Rajasthan

Decided on : Jul-15-1963

Reported in : AIR1964Raj1

..... is no question of the rule or principle of res judicata operating in this case, and it squarely falls to be governed by the provisions of section 47 and section 145 c.p.c. which by themselves for the reasons we have already given do not bar the filing of a suit by either the surety ..... entirely different matter; because it may well be that even if a separate suit by a surety or a decree-holder by virtue of anything contained in section 47 or section 145 c.p.c. may not be barred, the parties might join issue and fight out the matter on the execution side and it is heard ..... the legislature has been guilty of wasting any words. and that being so, we are altogether unable to accept that by virtue of anything contained in section 47 or section 145, a surety should or can be debarred from filing a suit to negative the liability which is sought to be fastened on him by the ..... to the execution, discharge or satisfaction of the decree, shall be determined by the court executing the decree and not by a separate suit.(2) .....(3) ..... explanation: for the purposes of this section, a plaintiff whose suit has been dismissed, a defendant against whom a suit has been dismissed and a purchaser at a sale in execution ..... cases viz., ilr 28 mad 117 and air 1929 all 266 (2) seem to be based on the view that the surety was party to the suit, and, therefore, a separate suit was barred by section 47 or its counter-part in the old code, section 244. with all respect we find ourselves entirely unable to accept .....

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Oct 09 1963 (HC)

Commissioner of Income-tax, Delhi and Rajasthan Vs. Gotan Lime Syndica ...

Court : Rajasthan

Decided on : Oct-09-1963

Reported in : [1964]51ITR533(Raj)

..... arose whether the amounts paid by the assessee to the jagirdar and the government each year were revenue expenditure allowable under section 10 (2) (xv) of the hyderabad income-tax act which exactly corresponds to section 10 (2) (xv) of the indian income-tax act. it was held by the majority of their lordships (kapoor and hidayatullah jj., s. k. das j. dissenting) that the assessee ..... into the short one - is expenditure of this character made in acquiring one of the raw materials of the appellants manufacture capital expenditure within the meaning of this act there is no definition of that expression which must in their lordships opinion be construed in a business sense save in so far as there may be rules of construction applicable to it ..... has not defined the phrase 'capital expenditure' and the reason for this omission is perhaps not difficult to visualise because the task of evolving a precise yet comprehensive definition of this phrase is attended with tremendous difficulties. again, it is true that a volume of case law has grown around this subject both in england and in our own ..... assessee paid a sum of rs. 96,000 to the mines department of the rajasthan state as contract money and claimed it as a deductible expenditure under section 10 (2) (xv) of the income-tax act of 1922. this was disallowed by the income-tax officer and the appellate assistant commissioner as being capital expenditure. on appeal, the income-tax appellate. tribunal, bombay .....

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