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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: rajasthan Year: 1973 Page 1 of about 21 results (0.048 seconds)

Feb 07 1973 (HC)

Lakhpat Raj Vs. Abdul Karim

Court : Rajasthan

Decided on : Feb-07-1973

Reported in : 1973CriLJ1447; 1973()WLN160

..... . on the facts it was held in these authorities that it is not every offence committed by the public servant that required sanction for prosecution under section 197(1), criminal p. c. but if the act complained of is directly concerned with his official duty, then sanction would be necessary and that would be so irrespective of the fact whether it was ..... examination itself may be such an act. the test may well be whether the public servant, if challenged, can reasonably claim ..... such as to lie within the scope of his official duty. thus a judge neither acts nor purports to act as a judge in receiving a bribe, though the judgment which he delivers may be such an act; nor does a government medical officer act or purport to act as a public servant in picking the pocket of a patient whom he is examining, though the ..... submitted this reference to this court, recommending that the order of the munsiff-magistrate, phalodi, dated august 20, 1969, in so far as lakhpat raj is concerned, should be quashed.2. i have heard learned counsel representing lakhpat raj. i had had also an opportunity of receiving assistance from learned deputy government advocate in the matter. nobody is present on behalf .....

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Jan 29 1973 (HC)

Brijlal and anr. Vs. Premchand

Court : Rajasthan

Decided on : Jan-29-1973

Reported in : AIR1974Raj124; 1973()WLN116

..... a subtenant of the premises occupied by him. the learned counsel in this connection referred to the definition of the word 'tenant' given in section 2(i) and also to sections 41 and 44 of the act. the definition of 'tenant' given in section 2(i) runs as under:--'section 2. definitions,-- in this act, unless the context otherwise requires,-- (a) (h) xx xx(j) 'tenant' means any person by whom or ..... on whose account rent is payable for any premises and includes such sub-tenants and other persons as have derived title under a tenant under the provisions of any law before the commencement of this act.' the act ..... (pc) was not referred to at all. in the last three cases, pestonii's case was considered but it was distinguished or explained away. in naik pandey's case. air 1916 pat 174. mullick. j. observed as follows:--'although there are certain expressions used in (1901) ilr 25 bom 332 (pc) to the effect that in india in trials without a ..... 183: basantrai v. gangaram. air 1932 all 386; nagendranath v. basantadas, air 1930 cal 392: mohd. haroon v. asghar husain, air 1932 pat 91: naik pandey v. bidya pandey, air 1916 pat 174; fatehchand v. kunjbeharilal, air 1940 oudh 320 and aiodhia prasad v. parash-ram, air 1933 nag 23. the gist of all these cases is that though the basis .....

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Jan 09 1973 (HC)

Thakur Gopal Singh Vs. Commissioner of Wealth-tax

Court : Rajasthan

Decided on : Jan-09-1973

Reported in : [1975]99ITR354(Raj); 1973()WLN14

..... the estate for income-tax purposes as an individual is of no importance. in view of the provisions contained in section 9(4) of the income-tax act of 1922 (section 27(2) of the new act) the holder of the impartible estate has to be deemed to be the individual owner of all the properties comprised ..... of the family. in that case lord blanesburgh, after stating that the judgment of lord dunedin in baijnath prasad singh v. tej bali singh had definitely negatived the view that the decisions of the board in sartaj kuari's case and the first pittapur case were destructive of the doctrine that an ..... among five persons including himself. after the resumption of jagir the garh had been held to be the private property of the assessee under section 23 of the act but it continued to remain the property belonging to the hindu undivided family. the character of this property in the hands of the jagirdar ..... upon the holder of impartible estate. in our opinion, the gujaranama deed dated october 5, 1949, is not hit by the provision of section 23 of the act and the argument of the appellant on this aspect of the case must be rejected.'10. in view of the law referred to above and ..... case , when before the allahabad high court in dhanraj singh v. ml lakhrani kuar : air1916all103 the junior members of a great zamindari enjoy a high degree of consideration, being known as babus, the different branches holding babuana grants out of the zamindari. their enjoyment of these grants is attributable to their membership .....

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Nov 07 1973 (HC)

Kripal Singh and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Nov-07-1973

Reported in : 1973(6)WLN906

..... by the state government in the official gazette. in this connection the learned counsel again drew my pointed attention to the amended definition of area contained in section 2(1) of the m. v act. this contention in my opinion has no force. as pointed out earlier the meaning of the term area has to be ..... which the omnibus runs or portion thereof. the argument therefore, that the route or area must be one as defined by amended section 2(1) or 2 (28) of the m.v. act is not tenable.jaipur-pilani scheme.15. then remains objections to the validity of the scheme for nationalisation in regard to jaipur-pilani ..... words 'route or area' occurring in section 68-c of the m.v, act. it is argued that the area and route have been defined under sections (1) and 2 (28a) respectively of the m.v. act and if section 68-c of the m.v act is interpreted in the light of definition, the inference according to the learned ..... this contention has no force. even prior to the amending act no. 56 of 1969 (which came into effect on 2-3-1970) by which the definition of area and route were amended, the terms route and area found place in section 68 c of the motor vehicles act and, therefore, it can be reasonably inferred that the ..... term 'route' was not used in section 68-g of the m.v. act as per the amended definition. in .....

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May 07 1973 (HC)

Thanaram Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : May-07-1973

Reported in : 1973(6)WLN587

..... the petitioner. from the totality of the circumstances placed on the record, there is no escape from conclusion that the power under sub-section (2) of section 40 of the act was misused by the government with a malafide intention to humiliate the petitioner.28. for the reasons mentioned above, the writ petition is ..... upon consideration of the report received as aforesaid, or otherwise the state government is of the opinion that action under sub-section (1) of section 40 is necessary, the state government shall frame definite charges and shall communicate them in writing to the pradhan or the up-pradhan, as the case may be, together ..... alleged that it was soon recalled with a view to have further probe in the matter and according to the petitioner it was done with a definite purpose to deprive the petitioner of the evidence of his innocence which could be made use of by him before this court.6. the petitioner ..... alternative and cannot initiate the enquiry without receiving the report of the collector if called under rule 3 of the said rules.14. section 40 of the act when carefully perused with rules 3. 4 and 5 of the rules make it abundantly clear that the law confers a power on ..... or governed by law, enabling the common man to foresee the actions of the administration. there is no doubt that the administration always exercises some degree of discretion, but the area of discretion left with the administrator should be delimited by certain clear cut norms so as to exclude the exercise of .....

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Nov 09 1973 (HC)

Mst. Gaumati and ors. Vs. Shanker Lal

Court : Rajasthan

Decided on : Nov-09-1973

Reported in : AIR1974Raj147; 1973()WLN867

..... restricted estate. this contention was however, overruled and it was observed that the explanation to sub-section (1) is wide enough to include the property acquired under an award ..... within the contemplation of sub-section (1) of section 14 of the act and was entitled to become the full owner on that date. a contention was raised on behalf of the opposite party that the case fell within the exception embodied in sub-section (2) of section 14 of the act and the award created a ..... prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this act. '(2) nothing contained in sub-section (l) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree ..... from a mere right of maintenance or residence and, secondly, that she must have been in possession of 11 at the commencement of the act, and the section can have no application where she cannot be said to be in such possession.' in the present case smt. kalawati was admittedly in possession of ..... . leaving behind his widow smt. kalawati but no issue. ramkaranlai went in adoption to one ramchander some time in section 1973 i. e. 1916-17 a. d. as already stated above, on 3-2-1961 smt. kalawati executed a will of the property in question in favour of ramkaran lal and died about a .....

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Jul 05 1973 (HC)

Shantilal Agarwal Vs. Smt. Ramabai and ors.

Court : Rajasthan

Decided on : Jul-05-1973

Reported in : AIR1974Raj69; 1973()WLN561

..... ground that the testator was not authorized to alienate the immoveable property belonging to the hindu coparcenary. thus the case is distinguishable.7. in air 1927 lah 890 the plaintiff definitely allegd that the will had not been executed by the deceased and was a forgery and he further asked for a perpetual injunction to be issued directing the defedant to ..... lah 890 and mathura prasad v. ram lal air 1934 oudh 505.6. in 36 ind cas 95 - (air 1916 lah 21) it was observed that suit for cancellation of will falls under section 7, para 4. clause (c), of the court-fees act, vii of 1870. it was further observed that the plaintiffs were bound to ask for consequential relief, in the ..... -registrar registering the will may also be cancelled. it was held that in regard to court-fee payable, the provision applicable to the case is not section 7 (iv) a or section 7 (iv) (c) but schedule 2 17-a (1) because the suit must be treated as one for declaration without consequential relief,11. two cases of this court,--lal singh v ..... by 25th november. 1972. the plaintiff applied for review of this order but was unsuccessful. the time for paying the deficit court-fee was however, extended upto 19th january. 1973.2. aggrieved by the order dated 31st october. 1972 and the order dated 5th january. 1973, passed on review application, the plaintiff has filed this revision application the revision application is .....

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Mar 09 1973 (HC)

Mahendra Singh Vs. Sohan Raj

Court : Rajasthan

Decided on : Mar-09-1973

Reported in : AIR1973Raj219; 1973()WLN200

..... law does not prescribe any period of limitation much less one different from the period prescribed by the schedule i. therefore, by implication, under the provisions of section 29(2), the provisions of the limitation act are applicable to letters patent substantially regulated by the code of civil procedure.9. in this connection reference may be made to c.p. chidambaram v. state ..... have perused this case. as regards the question of the applicability of the code of civil procedure to the letters patent jurisdiction it has been definitely held in this case also that by virtue of section 117 the provisions of the code of civil procedure are applicable to the letters patent appeals also. in air 1931 all 244 it was held that ..... . it will thus appear that on the appellant's own showing he is alleged to have been treated by as many as four medical practitioners. however, he has not specified the period during which he remained under the treatment of the particular medical practitioner. on the top of this all. he has failed to produce certificate of illness from any ol the ..... medical practitioners showing the nature of illness and his inability to go to jodhpur. the allegations in respect of the illness and his inability to .....

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Sep 05 1973 (HC)

Tara Singh Vs. Smt. Shakuntala

Court : Rajasthan

Decided on : Sep-05-1973

Reported in : AIR1974Raj21; 1973()WLN657

..... section;'section 28. enforcement of and appeal from, decrees and orders. all decrees and orders made by the court ..... be governed by this special provision which enables the filing of an appeal against every decree or order that may have been passed under the act, in other words, section 28 is much wider than section 96 civil procedure code under which appeals are filed in civil cases. learned counsel placed reliance on sarla devi v. balwan singh air 1969 all 601. p. c, jairath ..... , to the extent it goes contrary to the provisions of the hindu marriage act it preserves a right recognised by custom or conferred by any special enactment to obtain the dissolution of a hindu marriage vide (section 29(2) of the act).15. i may next turn to section 28 of the act which the learned counsel for the appellant relied on. i may read the ..... in any proceeding under this act shall be enforced in like manner as the decrees and orders of the court .....

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Sep 17 1973 (HC)

Sohanlal Soni Vs. Mani Ram

Court : Rajasthan

Decided on : Sep-17-1973

Reported in : AIR1974Raj20; 1973()WLN635

..... followed for the execution of the orders of the disciplinary committee of the bar council. i may read the relevant statutory provisions. section 43 of the advocates act. 1961 provides:'section 43. cost of proceedings before a disciplinary committee -- the disciplinary committee of a bar council may make such order as to the ..... whether the order for costs passed by the disciplinary committee is an order passed by the high court. obviously it is not. section 43 of the advocates act only lays down how an order for costs shall be executable and by fiction it is made executable as if it were an ..... it has been placed at par with this court and is for that limited purpose, at any rate, very much of a court. consequently section 38. civil procedure code can be resorted to by the disciplinary committee of the bar council for the purposes of executing its order in respect of costs ..... to my mind will not be applicable to execution proceedings. the rajasthan high court rules do not make provision for execution proceedings as such.6. section 38, civil procedure code however, lays down by which court decrees may be executed. it provides that a decree may be executed either by the court which ..... office has raised an objection that the execution application is not maintainable and this is how the matter has been placed before me for orders.2. the respondent had made a complaint against the petitioner before the bar council of rajasthan for taking disciplinary action against him on certain grounds with .....

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