Court : Rajasthan
Decided on : Apr-10-2003
Reported in : RLW2003(4)Raj2284; 2003(3)WLC137
..... . the second schedule to the indian medical council act, 1956, reveals that bachelor of medicine and bachelor of surgery from university of bristol, university ..... letter dated 28.6.2002 (referred to above), denial of admission to a candidate by a medical school on the basis of red-green colour blindness is unacceptable and discriminatory. 9. it is interesting to note that the medical council of india has recognised medical degrees of various foreign universities even though they are admitting students with colour vision deficiency or colour blindness ..... deem just and proper in the facts and circumstances of the present case may kindly be passed in favour of humble petitioner including award of cost of this writ petition.' 2. the petitioner who belongs to obc category, appeared in the rpmt held in may, 2001 under roll no. 6011. he secured 870 marks. his name was placed in ..... :- ' (i) issue an appropriate writ, order or direction declaring the petitioner fully eligible to get admission in m.b.b.s./bds course in view of his merit standing; (ii) issue an appropriate writ, order or direction directing the respondent not to interfere in any manner whatsoever with the admission that has been granted to the petitioner in m.b .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-01-2003
Reported in : RLW2004(1)Raj291
..... and p15, respectively. appellant hari narayan furnished information (ex. p24), while appellant vijay gautam furnished information (ex.p.25) under section 27 of the evidence act as regards recovery of knives. pursuant to the information furnished by the accused appellants, police recovered two knives which were kept concealed ..... evidence or reasonable explanation to show that appellant hari narain did not intend to inflict injury by knife on the abdomen with that degree of force sufficient to cut peritoneum and mesentric artery, it would be perverse to conclude that he did not intend to inflict that ..... hand, hari narain used knife to inflict injury on the vital part of the body i.e. abdomen of ram charan and the degree of force released in wielding it resulted in cutting of peritoneum and mesentric artery, the attack was pre-meditated, the antecedent relations of ..... the prosecution, to prove its case, examined as many as 30 witnesses and got exhibited numerous documents. thereafter, the accused were examined under section 313 cr.p.c. in their explanation, the accused denied to have committed offence and stated that they have been falsely implicated. in ..... 2 shanti bai have stated that both the accused appellants struck knife blows to ram charan and shanti bai, but pw 6 kailash and pw 10 uma had clarified that hari narain struck knife blows to ram charan on his chest and abdomen and vijay gautam struck knife blows on the abdomen of shanti bai. their statements are corroborated by the medical .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-28-2003
Reported in : RLW2004(4)Raj2198; 2004(1)WLC442
..... prior to acceptance for service, the disease will not be deemed to have arisen during service.'8. clause (c) of para 423 of the regulations of the medical services of armed forces act provides thus:-'(c) the cause of disability or death resulting from a disease as attributable to service when it is established that the disease arose during service on the ..... well as special family pension? relevant statutory provisions that require to be noticed are para 423 (c) of the regulations of the medical services of armed forces act, regulations 173 of the pension regulations and rule 7(b) of appendix ii to pension regulations.6. regulation 173 of pension regulations reads thus:'unless otherwise specifically provided a disability pension may be granted to ..... .10. prom document annexure 1 appended to the writ petition it is established that late shri sakuria was invalided out of service on recommendation of the medical board on january 27, 1953 after 14 years 2 months and 27 days service due to disability amblyopia exnopsia as per the details given in para no. 3 and 5(c) of the said discharge ..... army. while serving on indo-pak boarder the petitioner suffered wounds and lost vision in left eye and invalided out of service on recommendation of the medical board on january 27, 1953 after 14 years 2 months and 27 days service due to disability amblyopia exnopsia left eye as per details given in paras no. 3 and 5 (c) of his discharge .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-24-2003
Reported in : 2005ACJ1653; AIR2004Raj131
..... of interpretation of section 2(5) of calcutta thika act, in para 9 it was found, that the act is a piece of beneficial legislation, conferring a right upon the tenant and on the question of its interpretation, held that, in dealing with such a provision of law, court cannot read into the definition something which is ..... impleaded and has been given notice of the case, he is entitled to defend the action on grounds enumerated in the sub-section, namely, sub-section (2) of section 149 of 1988 act, and no other ground is available to him. the insurer is not allowed to contest the claim of the injured or heirs ..... the age of forty years, the same shall be accompanied by a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8, and the provisions of sub-section (4) of section 8 shall, so far as may be, apply in relation to every ..... the public, and the licensing authority may for that purpose require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8;provided further that where the application is for a driving licence to drive a motor vehicle ..... and attendance by physician were untrue is within purview of statute estopping insurer from setting up in 'defense' of action on policy, issued on certificate of medical examiner, that insured was not in condition of health required by policy unless policy was procured by fraud or deceit. equitable life ins. co. of .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-07-2003
Reported in : AIR2003Raj286; RLW2003(2)Raj1012; 2003(2)WLC465
..... system can sustain for the future. it is development that meets the needs of the present, without compromising the ability of future generations, to meet their own needs (definition of 'sustainable development,' derived from report of world commission on environment & development, 1987- 'out common future'). 26-a. industrial development must be monitored, overseen and ..... was being discharged by them. the pollution control board, in compliance with the above-mentioned order, dated 20.9.95, issued directions under the provisions of section 33a of the act. the board also identified 20 more units, which were responsible for causing pollution. respondent no. 3 issued directions to the rajasthan state electricity board (for short ..... 'the vegetables so produced are consumed by human beings resulting into a number of health hazards. preliminary survey and interviews of factory owners, workers, local people and private (medical) practitioners revealed that the people are suffering from eezema, contact dermatitis, asthma, chronic bronchitis, tuberculosis, haematuma, bladder cancer etc. due to either physical condition or drinking polluted ..... restrain them from discharging toxic wastes and effluents into the canal and land; (ii) that non-petitioner no. 5 further be directed to check the raising of unauthorised construction of factories without compliance of the statutory provisions of section 25 of the act of 1975 and impose penalties on the factories found violating the statutory provision; ( .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-04-2003
Reported in : RLW2004(1)Raj332; 2003(4)WLC101
..... property is required for personal necessity of their sons anil kumar s/o chandrabhan and vijay kumar s/o laxmandas, so that they may run the medical shop with general store.4. the suit was decreed by the trial court by judgment and decree dated 6.12.97. the appellant-defendant-tenant ..... and he could not have included relief of possession for these properties in the suit for eviction filed under the provisions of the state rent control act. the grievance of the appellant on this ground also is having no substance in view of the fact that though the plaintiff pleaded that defendant encroached ..... therefore, the addl. rent controller proceeded with the ejectment application and ultimately passed the order of eviction against the tenant. this order of eviction dated 14.2.69 was challenged by filing appeal by the tenant before the tribunal. in appeal, it was contended that right of sue did not survive to the ..... matter decided by hon'ble supreme court in the case of smt. phool rani (supra), was under the provisions of the delhi rent control act (59 of 1958). in that case, eviction from premises was sought on the ground of personal necessity of the plaintiff for occupation as ..... learned counsel for the parties.2. brief facts of the case are that the plaintiff amoli bai in her lifetime filed a suit for eviction against defendant kanhaiya lal appellant for the shop in dispute. the plaintiff amoli bai pleaded that shop in dispute is required for running a medical shop by amoli bai herself and .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-03-2003
Reported in : (2003)IILLJ779Raj; RLW2003(1)Raj626; 2003(1)WLC772; 2003(1)WLN612
..... person suffering from not less than forty per cent of any disability as certified by a medical authority. it is not the case of petitioners that the private respondent was suffering ..... hearing impairment; loco-motor disability; mental retardation; and mental illness. thus, mental retardation is one of the disabilities covered under the provisions of the act. that apart, section 2(t) of the act lays down that 'person with disability' means - a ..... civil services (pension) rules, 1972, and the industrial disputes act, 1947, and this being so, the former act must give way to the later acts.4. we have considered the submissions of the learned counsel for petitioners. we find that the submissions have no force at all. according to section 2(i) of the act, 'disability' means - blindness; low division; leprosy-cured; ..... services (pension) rules, 1972. the person who acquires disability during service is required to be granted benefit of disability pension under the aforesaid rules. but, under section 47 of the act, a further benefit has been conferred on the person who acquires disability during service by providing that no establishment shall dispense with, or reduce in rank, an .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-29-2003
Reported in : 2004CriLJ734; 2004(1)WLC159
..... the bar.4. it is an admitted fact that the juvenile justice (care and protection of children) act, 2000 (for short 'the act of 2000') came into force on 1-4-2001. as per section 2(k) of the act of 2000 a 'juvenile' or the 'child' means a person who has not completed eighteenth year ..... , therefore, their lordships of the hon'ble apex court held that his trial and conviction by the sessions court stood vitiated because under section 22 of the aforesaid act, a different procedure for trial of the juvenile was provided. their lordships, therefore, .quashed the trial and directed that his trial should ..... per the certificate issued by the board of school education which stood reaffirmed by another certificate produced before the court. he was convicted under section 20 of the ndps act, 1985 with regard to an offence that was committed on 22-5-1990 which date he was less than 16 years of age and ..... authority or the magistrate and the magistrate before whom the petitioner was produced has not in exercise of the powers vested in him under section 7 of the act of 2000 forwarded the petitioner along with the record to the competent authority having jurisdiction over the proceeding and instead of this committed ..... the school register could not be accepted as positive proof regarding date of birth of the accused. too much reliance could not be placed on the medical evidence as it was by no means infallible and accurate a test to indicate the exact date of birth of the person, particularly, in view .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-23-2003
Reported in : (2003)181CTR(Raj)234; RLW2003(4)Raj2208; 136STC317(Raj)
..... such treatment, making saleable goods, would, in our opinion, fall within the wide definition of 'manufacture' under section 2(j) of the said act.'relying on the aforesaid observations of the hon'ble supreme court, learned counsel for state urges that for making cotton saleable in medical circles, cotton has been processed as narrated hereinabove in the earlier part of the judgment ..... . it never happens that ordinary cotton is used in place of surgical cotton in medical field. as such, manufacturing process is involved in the production of surgical cotton in terms of the definition of manufacturing. the process as given in section 2(27) of the act reads as under :'(27) 'manufacture' includes every processing of goods which bring into existence a ..... word in the particular statute under consideration is similar to that construed in the decisions. the plain construction of the special definition of the word in a particular act must prevail. in the special definition given in section 2(j) of the said act 'manufacture' has been defined as including a process or manner of producing, collecting, extracting, preparing or making any goods. ..... the original commodity and the processed article it is not possible to say that one commodity has been consumed in the manufacture of another. although it has undergone a degree of processing, it must be regarded as still retaining its original identity'.8. placing reliance on the aforesaid observations of the hon'ble supreme court, learned counsel submits .....Tag this Judgment!
Court : Rajasthan
Decided on : Apr-23-2003
Reported in : RLW2003(4)Raj2274; 135STC90(Raj); 2003(3)WLC194
..... (3), wherein, andhra pradesh high court has held as under :-'it follows from the combined reading of definitions of 'immovable property' in section 3, t.p. act and section 2(6), registration act and the one given in the madras general clauses act and the definition in the t.p. act of 'attached to the earth', that machinery, if permanently fastened to anything which is attached to earth, is ..... its benefecial enjoyment.45. the arguments of the learned counsel for the revenue is not convincing 'sale' as defined in section 2(38) of the rajasthan sales tax act means sale of 'goods' defined in section 2(20) of the act. by creating a fictional definition of plant and machinery imbedded to earth makes the whole factory. the whole factory having been given on lease, for ..... the court looking at the facts as a whole, feels on the matter. english law relating to fixtures cannot be bodily applied to conditions in this country.broadly speaking, the degree, manner extent and strength of attachment of the chattel to the earth or building are the main features to be regarded. all the three aspects, in the description, show that ..... , the plant and machinery should be so imbedded for the permanent beneficial enjoyment of that to which it is attached. for explaining its stand, the petitioner has stated that the degree, manner, extent and strength of attachment of the chattel to the earth or building, are main features to be regarded. according to the petitioner, three aspects narrated hereinabove show .....Tag this Judgment!