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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: supreme court of india Year: 1963 Page 1 of about 60 results (0.357 seconds)

Aug 02 1963 (SC)

The Buckingham and Carnatic Co.Ltd. Vs. Venkatiah and anr.

Court : Supreme Court of India

Decided on : Aug-02-1963

Reported in : AIR1964SC1272; [1963(7)FLR343]; (1963)IILLJ638SC; [1964]4SCR265

..... . it held that if the matter had to beconsidered solely by reference to the standing orders, the appellant wasentitled to succeed, because it was justified in acting upon the opinion givenby its medical officer in regard to the alleged illness of venkatiah. when thesaid opinion was attacked before the labour court, it observed that it was easyto make such an ..... regulation53 has to be considered. this regulation provides that every insured personclaiming sickness benefit shall furnish evidence of sickness in respect of thedays of his sickness by means of a medical certificate given by an insurancemedical officer in accordance with the regulation in the appropriate form.there is, however, a proviso to regulation 53 which says that the corporationmay accept ..... except as provided under the regulations, dismiss, discharge or reduce orotherwise punish an employee during the period he is in receipt of disablementbenefit for temporary disablement or is under medical treatment for sickness oris absent from work as a result of illness duly certified in accordance withthe regulations to arise out of the pregnancy or confinement rendering theemployee unfit ..... has hardly anyrelevance in view of the construction which we are inclined to put on s. 73(1)of the act. in view of our construction of the said section, mr. dolia'sargument that there is inconsistency between the said section and standingorder 8(ii) also has no validity. 20. before parting with this case, we ought to add that at the very .....

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Sep 02 1963 (SC)

S. Pratap Singh Vs. the State of Punjab

Court : Supreme Court of India

Decided on : Sep-02-1963

Reported in : AIR1964SC72; (1966)ILLJ458SC; [1964]4SCR733

..... the appellant's own allegations. their reticence in that regard cannot give an advantage to the appellant when he himself is in default in not making definite allegations. 101. we now deal with the allegation that the chief minister bore ill-will against the appellant for certain reasons and that the impugned order ..... the police was investigating into the complaint against the appellant in december 1960 and it would have been too much for the government to form a definite opinion about the action to be taken against the appellant then. 128. the grant of leave to the appellant in 1960 does not therefore indicate ..... onward and are of opinion that they, singly or cumulatively, fail to establish that the chief minister had any grievance against the appellant. 110. the earliest definite incident which, according to the appellant, annoyed the chief minister, took place in the beginning of april 1960, as kirpa singh was made to leave his ..... the exercise of its powers under r. 3.26 of volume i, to continue in service. this is clear from the sequence of rules in volume ii. section 4 of chapter v deals with superannuation pension. its part i deals with conditions of grant. this part has got three rules 5.27, 5.28 ..... of powers conferred on him by clause (b) of sub-s. (1) and clause (b) of sub-s. (2) of s. 241 of the government of india act, 1935. rule 13 of the medical rules is : 'in respect of leave, pension and other cognate matters not specifically mentioned in these rules, members of service .....

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Feb 11 1963 (SC)

Pandit Ukha Kolhe Vs. the State of Maharashtra

Court : Supreme Court of India

Decided on : Feb-11-1963

Reported in : (1963)65BOMLR793; 1963CriLJ418; 1964MHLJ246(SC); [1964]1SCR926

..... in a person's blood for the purpose ofgetting the benefit of s. 66(2) of the act is really to hold that even thoughthe legislature did definitely say that the registered medical practitionershould only collect the blood and forward it to the other functionary named inthe section whose duty would be to test it, the legislature was quite contentthat this ..... the prohibitionact. 37. to understand, the nature of the right conferred on the prosecution bys. 66(2) it will be helpful to maintain briefly a few other sections of theact. section 13 of the act prohibits among other things the consumption of anintoxicant. section 2(22) defines intoxicant to mean 'any liquor,intoxicating drug, opium or any other substance, which the state ..... anantiseptic preparation or solution containing alcohol or a flavouring extract,essence or syrup containing alcohol, which while containing alcohol was notunfit for use as intoxicating liquor. section 66(2) of the act comes to the aidof the prosecution in proving both these things by providing that if afteralleging that the accused consumed liquor the prosecution proves that 'theconcentration of ..... clause (a) or clause (b) of s. 129b, or otherwise,that gives rise to a presumption under s. 66(2). 26. section 129a contemplates two classes of certificates - certificate ofthe result of the examination by a registered medical practitioner whether theperson sent to him has consumed any intoxicant - and the certificate of thechemical examiner of the examination of blood .....

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May 02 1963 (SC)

Raghunath Keshava Kharkar Vs. Ganesh and ors.

Court : Supreme Court of India

Decided on : May-02-1963

Reported in : AIR1964SC234; (1964)66BOMLR382; 1964MhLJ105(SC); [1964]3SCR520

..... from which the insolvent will not be released on an order of discharge. sub-section (2) then provides that 'save as otherwise provided by sub-section (1), an order of discharge shall release the insolvent from all debts provable under this act'. stress is laid on behalf of the respondents on this provision and it is ..... still go on after discharge has been ordered. this argument, in our opinion, is not quite correct, for clause (a) to s. 42(1) definitely requires the court to consider whether the assets are of a value equal to eight annas in the rupee on the amount of his unsecured liabilities, and this ..... also has to fix a time therein within which the debtor shall apply for his discharge. 11. section 28 with which we are mainly concerned lays down the effect of an order of adjudication. sub-section (2) thereof provides that on the making of an order of adjudication, the whole of the property of ..... left unadministered usually when an order of discharge comes to be passed. it is however urged on behalf of the respondents that there is nothing in sections 41 and 42 to suggest that a discharge can only be granted after a final dividend is declared and therefore there may be cases where administration ..... may be declared even if some property has not been disposed of when in the opinion of the court it will needlessly protract the receivership. section 67 then finally provides that if any surplus is left in the hands of the receiver after payment in full to the creditors with interest and .....

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Jul 31 1963 (SC)

Mohinder Singh Vs. State of Punjab

Court : Supreme Court of India

Decided on : Jul-31-1963

Reported in : AIR1965SC79; 1965CriLJ112

..... as the statements leading to it cannot be relied upon in view of the acquittal of mohinder singh in a companion case started under section 19(1)(f) of the arms act. in support of his contention, he relies upon the observations of lord macdermott in sambasivam v. public prosecutor, federation of malaya, 1950 ..... might be relevant in his defence. that it was not conclusive of his innocence on the firearm charge is plain, but it undoubtedly reduced in some degree the weight of the case against him, for at the first trial the facts proved in support of one charge were clearly relevant to the other ..... eye-witnesses whom we have already named and sham singh and kehar singh who were witnesses of the search. the prosecution also produced documents mentioned in section 173 of the criminal procedure code relative to the crime. curiously enough, some of the eye-witnesses in the committal court in examination-in-chief deposed to the ..... a result of this statement, the police recovered 1 feet below the surface of the ground a cotton bag which contained a .12 bore pistol and 2 twelve-bore cartridges one of which had misfired and bore the mark of the firing pin. at the site of the offence, the police had found ..... mohinder singh was sentenced by the court of session to death, but on appeal the high court altered the sentence to one of rigorous imprisonment for life.2. mohinder singh, who is a jat, had contracted illicit intimacy with one mst. puro a mazhbi woman who was abandoned by her husband. he used .....

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Jan 23 1963 (SC)

In the Matter of P. an Advocate

Court : Supreme Court of India

Decided on : Jan-23-1963

Reported in : 1963CriLJ341; [1964]1SCR697

..... himself unworthy to be a memberof the legal profession. 9. as early as 1894, lopes l.j. attempted to give the definition ofmisconduct of a medical man in allinson v. general council of medical educationand registration [1894] 1 q.b. 750. in that case lopes l.j. said : 'the master of the rolls has ..... o. iv-a are professional or othermisconduct and that is on the same lines as the relevant provision in s. 10(i)of the indian bar council act, 1926 (38 of 1926). 12. reverting then to the facts found by the tribunal in this case, it isclear that the advocate was paid rs ..... to assist the growth of a strong, healthy andefficient junior bar consisting of advocates-on-record and junior advocates whoprefer only to plead and not to act and plead. it is, however, clear that theadvocate could have obtained a receipt from the senior counsel without anydelay and it is not suggested that ..... the advocate. the tribunal then proceeded tohold an enquiry and submitted its report. the issue which the tribunal tried inthese proceedings was whether the advocate acted with gross negligence in thematter of the taxation of the costs of his client in the appeal in question,and if so, whether such conduct amounts ..... who will hereafterbe called the 'advocate', acted for the board of trustees of the dakhina parswanath of puri through its executive officer respondent no. 2 (b) in civil appealno. 232/1954. as such advocate he entered appearance on november 9, 1957. thesaid appeal was heard on may, 2 and 6, 1958, and by the .....

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Mar 04 1963 (SC)

London Rubber Co. Ltd. Vs. Durex Products

Court : Supreme Court of India

Decided on : Mar-04-1963

Reported in : AIR1963SC1882; [1964]2SCR211

..... well as of sub-s.(3) were referred to in the argument before us along with the provisions ofsub-s. (2). section 10 of the act reads thus : '(1) save as provided insub-section (2), no trade mark shall be registered in respect of any goods ordescription of goods which is indentical with a trade mark ..... on the point and then observed : 'the question of volume of use is always a relevantquestion in considering 'honest concurrent use' under section 10(2) of the act.it depends on the facts of each case. there is no express statutory emphasisthat the use should be large and substantial. kerly at page ..... anotherproprietor would be prohibited where a mark is already on the register as beingthe property of another proprietor. 9. the provisions of sections 8 and 10 of the act are enabling provisions in thesense that it is not obligatory upon a proprietor of a mark to apply for itsregistration so as to ..... to the goods being of a different description. in other cases wherean opponent is registered but might be unable to prove a reputation for it byuse, section 12(1) is more effective in securing refusal of an application thansection 11, e.g., huxley's application (1924) 41 r.p.c. 123 ..... any likelihood of confusion or deception here because the respondent'sgoods are confined to contraceptives for use by women which can only be usedwith medical assistance while the appellant's contraceptives are essentiallyfor men. upon this view we uphold the order of the high court and dismiss theappeal with costs. .....

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Mar 28 1963 (SC)

Maharaja Sir Pateshwari Prasad Singh Vs. State of Uttar Pradesh

Court : Supreme Court of India

Decided on : Mar-28-1963

Reported in : [1963]50ITR731(SC)

..... ' mentioned in condition (b) in part i of the schedule must be read in terms of the definition in section 2(2) and hence as including super- tax. he, therefore, says that the total amount of tax under both these heads payable by him under the act can in no case exceed half the amount by which his total agricultural income exceeds rs. 3,000 ..... ,000 and rs. 3,214 per annum form a small number. 7. coming now to the first reason, it seems to us that the context requires that the definition of 'agricultural income-tax' in section 2(2) should not be imported into condition (b). condition (b) is a condition to which the rates mentioned in part i of the schedule are made expressly subject ..... her the contention of the respondent or the view expressed by high court is correct. all that we have here is inspection of the hospitals and dispensaries by the government medical officers. we have nothing to show for what purpose such inspection was held. the inspection may have rendered no service at all to the hospitals and dispensaries for the purpose ..... the state government for the purpose of the rule shall be exempt from liability to agricultural income-tax... explanation. - in this rule 'charitable purpose' includes relief of the poor, education medical relief and the advancement of any object of general public utility.' 10. it is not in dispute that the appellant spend large sums in charities. he maintained a number of .....

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Sep 20 1963 (SC)

Afzal Ullah Vs. the State of Uttar Pradesh

Court : Supreme Court of India

Decided on : Sep-20-1963

Reported in : AIR1964SC264; [1964]4SCR991

..... he had committed a breach of the said bye-laws and had thus rendered himself liable to be punished under section 299(1) of the united provinces municipalities act, 1916 (no. ii of 1916) (hereinafter called 'the act'). the said tehsildar held that the prosecution had failed to prove that fact that in the market established on the ..... the purpose of promoting or maintaining the health, safety, and convenience of the inhabitants of the municipality and for the furtherance of municipal administration under this act.'9. section 298(2)-f which consists of six sub-clauses deals with bye-laws which can be made in respect of markets, slaughter-houses, sale of food, etc ..... rs. 10/- every day may follow. that, in short, is the scheme of the bye-laws.7. let us now look at the relevant sections of the act before addressing ourselves to the question as to whether the impugned bye-law 3(a) and the other bye-laws passed by it are ultra-vires. ..... take two additional points before it. these pleas are that the bye-laws had not been published in the local paper as required by section 94(3) of the act and had not been made by a special resolution as required by s. 298(1). as the high court has pointed out, these ..... already read clauses (d) & (dd) of s. 298(2)-f. section 298(2)-f deals, inter alia, with markets, and in the absence of any definition of the word 'market' prescribed by the act, it would be legitimate to take the word 'market' occurring in s. 298(2)-f (d) in its dictionary meaning. if four or more .....

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Nov 29 1963 (SC)

Dr. Yash Pal Sahi Vs. Delhi Administration

Court : Supreme Court of India

Decided on : Nov-29-1963

Reported in : AIR1964SC784; [1964]5SCR582

..... and to provide for matters connected therewith. section 14(1)(c) contains the definitions. section 2(d) defines 'taking any part in the publication of any advertisement' as including (i) the printing of the advertisement, (ii) the publication of any advertisement outside the territories to which this act extends by or at the instance of a ..... and he argues that as soon as mr. misra singh found that that list contained in indelible ink the statement that it was meant for registered medical practitioners he need not have bothered to look into it, and in fact should have sent it back to the appellant. this argument, in our ..... it must be sent confidentially to a registered medical practitioner. the fact that one of the conditions prescribed by r. 6 has been complied with does not lead to the inference that the other ..... ink the statement to which we have just referred. the other requirement to which it refers is that the list should be sent to a registered medical practitioner or wholesaler or retail chemist. in relation to this requirement, we have the statutory provision prescribed by s. 14(1)(c) itself that ..... him to send the list of medicines it was not expected that the appellant should make an enquiry as to whether misri singh was a registered medical practitioner or not. in this connection, he has invited our attention to the fact that misri singh is in fact working as a clerk with .....

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