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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: supreme court of india Year: 1969 Page 1 of about 64 results (0.144 seconds)

Oct 17 1969 (SC)

Remington Rand of India Ltd. Vs. the Workmen

Court : Supreme Court of India

Decided on : Oct-17-1969

Reported in : AIR1970SC1421; [1969(19)FLR46]; 1970LabIC1182; (1971)IIMLJ19(SC); (1969)3SCC913; [1970]2SCR935

..... clause 5 thereof a proviso that in cases where there has been termination of service on account of an employee found guilty of act or acts involving violence against the management or other employees or riotous or disorderly behavior in or near the company's premises, the company ..... property, which may be compensated by forfeiture of gratuity or part thereof, and serious misconduct which though not directly causing damage, such as acts of violence against the management or other employees or riotous or disorderly behavior, in or near the place of employment is conducive to grave ..... attendance, habitual negligence and neglect of work on the other hand are riotous or disorderly behavior during working hours at the establishment or any act subversive of discipline, wilful insubordination or disobedience. misconduct, falling under several of these latter heads of misconduct may involve no direct loss or ..... that the tribunal was not justified in throwing on the company the entire burden of medical expenses including the cost of hospitalisation even in cases of major diseases which workmen might suffer or contact, (2) that it was no part of the employer's obligation to provide for such ..... delhi cloth & general mills case : (1969)iillj755sc : (1969)iillj755sc that acts amounting to misconduct as defined in the standing orders, where they are made, or the model standing orders, where they are applicable, differ in degree of gravity, nature and their impact on the discipline and the working of .....

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Sep 24 1969 (SC)

Dr. Ram Lal Chaturvedi Vs. State of Rajasthan and ors.

Court : Supreme Court of India

Decided on : Sep-24-1969

Reported in : (1970)1SCC75; [1970]2SCR559; 1969()WLN59

..... the minimum qualifications for principals of affiliated colleges in the faculty of medicine etc., are prescribed in part x(b)(3) and they read as under :master's degree or equivalent post-graduate qualification or a higher one in one of the branches in which the college is affiliated with a minimum professional experience of 20 years, of which ..... with the act and statutes, to provide for the matters listed in section 29. these matters include in clause vi 'emoluments and conditions of service of university teachers.' but ..... not easy for us to hold that ordinance no. 65 is a provision under an act, regulating the recruitment and conditions of service of persons appointed to rajasthan medical service, as contemplated by article 309 of the constitution. shri gokhale referred us to entry 41 in list ii of 7th schedule of the constitution which deals with the subject, inter alia, of ..... . the university of rajputana act of 1946 (hereafter called the act) under which ordinance no. 65 was made was enacted to incorporate the university of rajputana. the name of the university was changed in 1956 to the university of rajasthan. the syndicate of this university constituted under section 21 of the act is empowered under section 29 read with section 30 to make ordinances, consistent .....

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Aug 14 1969 (SC)

Mackinnon Mackenzie and Co. (P) Ltd. Vs. Ibrahim Mahmmed Issak

Court : Supreme Court of India

Decided on : Aug-14-1969

Reported in : AIR1970SC1906; (1971)73BOMLR131; [1969(19)FLR281]; 1970LabIC1413; (1970)ILLJ16SC; (1969)2SCC607; [1970]1SCR869

..... arises in this appeal is whether the accident arose is the course of employment and whether it arose out of employment within the meaning of section 3 of the, act which states:(1) if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer ..... might have happened, said:the other alternatives were suicide or murder. if you weigh the probabilities one way or the other, the probabilities are definitely greater that this man perished through an accident arising out of and in the course of his employment.9. in catton v. limerick steamship co. (1910 ..... o., in lancaster v. blackwell colliery company, ltd. 1918 w.c. rep.345 observed:if the facts which are proved give rise to conflicting inferences of equal degrees; of probability so that the choice between them is a mere matter of conjecture, then of course, the applicant falls to prove his case, because it is ..... an inference from the proved facts so long as it is a legitimate inference. it is of course impossible to lay down any role as to the degree of proof which is sufficient to justify an inference being drawn, but the evidence mast be such as would induce a reasonable man to draw it. lord ..... of the indian act is identical with section 1 of the english workmen's compensation act of 1925.13. what are the facts found in the present case? shaikh hassan ibrahim was employed as a deck-hand, a seaman of category ii on the ship. the medical log-book of the ship showed that on 13 december 1961 .....

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Oct 16 1969 (SC)

Ram Chander Rai and ors. Vs. the State of Bihar

Court : Supreme Court of India

Decided on : Oct-16-1969

Reported in : AIR1970SC2075; (1970)3SCC786

..... sentenced to rigorous imprisonment for four years each. loka rai and rajeshwar rai were also convicted under section 326 read with section 149, ipc, but no separate sentence was passed on this count. the medical evidence showed the following injuries on the person of sheopujan pathak (pw 6).1. chopping off ..... be either sudden or grave for the purpose of serving in the eye of law a strong mitigating circumstance. the cowardly act for inflicting the grave injury, as the medical evidence shows, is, in our opinion, inexecusable, though permanent disfigurement of naumi rai's face which could not be concealed ..... pen knife. the learned magistrate sentenced him to two years' rigorous imprisonment which was the maximum sentence he could impose. the person convicted under section 326 of the ipc, could then be sentenced to transportation for life or imprisonment for ten years. the government applied for enhancement of sentence. ..... cut off his nose and three fingers of his left hand. the offence committed is no doubt brutal and dastardly. it was a cowardly act and smacks of medieval barbarism. the question, however, arises if imprisonment for life is appropriate sentence for the two accused who cut off the ..... 3 fingers of the left handthe middle, ring and the index. the fingers were completely severed.2. chopped off .....

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Apr 29 1969 (SC)

Ram Gopal Chaturvedi Vs. State of Madhya Pradesh

Court : Supreme Court of India

Decided on : Apr-29-1969

Reported in : AIR1970SC158; (1970)ILLJ367SC; (1969)2SCC240; [1970]1SCR472

..... and giving him an opportunity of being heard was in contravention of the principles of natural justice and was liable to be quashed. section 191 of the municipal corporations act, 1882 provided that the watch committee might at any time suspend and dismiss any borough constable whom they thought negligent in the discharge ..... her. the court held that its order was invalid and was liable to be quashed. the appellant as the holder of an office in the medical service had the right to continue in service. according to the rules made under article 309 she could not be removed from the office before super ..... and ors. : (1967)iillj266sc . and ridge v. baldwin [1964] a.c.40 in binapani's case the appellant was an assistant surgeon in the orissa medical service. the state government accepted the date of birth given by her on joining the service. later the government refixed the date of her birth on ex parte ..... could be so terminated.7. it was argued that the impugned order was invalid as it was passed without consulting the state public service commission under article 320(2)(c) of the constitution. there is no merit in this contention. the case of state of u.p. v. m.l. srivastava : (1958) ..... under which such allowances are admissible.(b) the periods of such notice shall be one month unless otherwise agreed between the government and the government servant.2. on march 25, 1964 an order was issued by and in the name of the governor terminating the appellant's services. the order stated :-the .....

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Apr 02 1969 (SC)

Bennett Coleman and Co. (P) Ltd. Vs. Punya Priya Das Gupta

Court : Supreme Court of India

Decided on : Apr-02-1969

Reported in : AIR1970SC426; [1969(19)FLR32]; 1970LabIC512; (1969)IILLJ554SC; (1969)2SCC1; [1970]1SCR181

..... the wages. the labour court also held that the car allowance and the free telephone and newspapers were an allowance and an amenity respectively falling under the definition of section 2(rr) of the industrial disputes act, 1947, both forming the component parts of monthly wages payable to the respondent. as regards the leave, the respondent was undoubtedly entitled to 30 days leave ..... conflict as contended, we do not have to resolve that conflict for the purposes of the problem before us. the definition section 2 of the present act commences with the words 'in this act unless the context otherwise requires' and provides that the definitions of the various expressions will be those that are given there. similar qualifying expressions are also to be found in ..... incur for discharging his duties as the special correspondent, or that it was anything else than an allowance within the meaning of section 2(rr) of that act. it would, therefore, fall under the inclusive part (i) of the definition. likewise, the benefit of the telephone and newspapers was allowed to the respondent not merely for the use thereof in connection with ..... done in such employment, and includes (i) such allowances (including dearness allowance) as the workman is for the time being entitled to; (ii) the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of food-grains or other articles; (iii) any travelling concession; but .....

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Dec 19 1969 (SC)

Dr. S.L. Agarwal Vs. the General Manager, Hindustan Steel Ltd.

Court : Supreme Court of India

Decided on : Dec-19-1969

Reported in : AIR1970SC1150; [1970(20)FLR227]; (1970)IILLJ499SC; (1970)1SCC177; [1970]3SCR363

..... and for punishment and appeal. these are extracts from the disciplinary and appeal rules.3. on september 17, 1964 the appellant was on duty in the medical out-patients department. he examined one mrs. holey who complained of cold, headache and weakness. it appears that mrs. holey complained of some misbehavior on ..... notice that it was a private company. he referred in detail to the various provisions in the articles of association as also in the indian companies act which rendered the ordinary company law inapplicable in certain respects, and conferred unlimited powers of management on the president of india and his nominees. he also ..... who are members of (a) a civil service of the union, or (b) an all-india service or (c) a civil service of a state, or (ii) hold a civil post under the union or a state, (a), (b) and (c) refer to the standing services which have been created in the union and ..... holds a civil post under the union or a state shall be dismissed or removed by an authority subordinate to that by which he was appointed.(2) no such person as aforesaid shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause against ..... before the close of the end of 5 years the contract was automatically extended till the incumbent became superannuated on reaching the age of 55 years. 2. the appellant passed the probation period and he was entitled to three months' notice if his services were to be terminated. the company maintains certain .....

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Apr 30 1969 (SC)

Harakchand Ratanchand Banthia and ors. Vs. Union of India (Uoi) and or ...

Court : Supreme Court of India

Decided on : Apr-30-1969

Reported in : AIR1970SC1453; (1969)2SCC166; [1970]1SCR479

..... , exceed the limits specified in section 32.:19. section 32 of the act authorises a licensed dealer to keep any quantity of standard gold bars and provides a limit upon his holding of primary gold depending on the number of artisans he employs. the definition of the term 'standard gold bar' under section 2(u) does not contemplate the ..... defines an 'article' to mean anything (other than ornament), in a finished form made of, manufactured from or containing, gold, and including (i) any gold coin, (ii) broken pieces of an article, but not including primary gold. clause ..... the impugned act begins with the following preamble, namely, 'an act to provide in the economic and financial interests of the community, for the control of the production, manufacture, supply, distribution, use and possession of, and business in, gold, ornaments and articles of gold and for matters connected therewith or incidental thereto.' section 2 contains a number of definitions. section 2(b) ..... manufacture of gold ornaments but industrial undertakings as contemplated by section 2(d) of that act. it was contended by mr. daphtary that the expression 'scheduled industry' in section 2(a) of the act was synonymous with an industrial undertaking under section 2(d) and a declaration under section 2 of the act would therefore apply to industries carried on in the factories .....

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Aug 19 1969 (SC)

Shri Kalanka Devi Sansthan Vs. the Maharashtra Revenue Tribunal, Nagpu ...

Court : Supreme Court of India

Decided on : Aug-19-1969

Reported in : AIR1970SC439; (1970)72BOMLR651; 1970MhLJ1(SC); (1969)2SCC616; [1970]1SCR936

..... that the sansthan is a private trust and is not governed by the provisions of the bombay public trusts act. the manager of the wahiwatdar of the sansthan cannot, therefore, fall within the definition of the word 'trustee' as given in section 2(18) of that act. it may be mentioned that in ishwardas, case : [1968]3scr441 : [1968]3scr441 the court refrained from expressing any ..... he is the landlord under clause 32 of section 2 of the act. as he is the landlord, he can ask for a surrender from the tenant of the lands of the ..... for the appellant. in that case it was said that under section 2(18) of the bombay public trusts act a trustee has been defined as meaning a person in whom either alone or in association with other persons the trust property is vested and includes a manager. in view of this definition the properties of the trusts vest in the managing trustee and ..... '. the question, however, is whether the idol is capable of cultivating the land personally. the argument raised on behalf of the appellant is that under explanation i in section 2(12) of the act a person who is subject to any physical or mental disability shall be deemed to cultivate the land personally if it is cultivated by the servants or by hired .....

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Oct 11 1969 (SC)

Badri Prasad Vs. the State of Madhya Pradesh and anr.

Court : Supreme Court of India

Decided on : Oct-11-1969

Reported in : (1971)3SCC23; [1969]2SCR380

..... on such terms and conditions as it may determine.6. certain transfer to be void.(1) except as provided in sub-section (2), the transfer of any rights in the property which is liable to vest in the state under this act made by the proprietor at any time after the 16th march, 1950, shall, as from the date of vesting, be void ..... there must be fresh crop of leaves at periodic intervals. that would make it a growing crop and a growing crop is expressly excepted from the definition of immovable property in the transfer of property act. that case is distinguishable and does not apply here.7. in mahadeo v. state of bombay3 which was again a petition under article 32 of the ..... .it seems to us that this decision concludes the controversy before us. this decision was followed in state of madhya pradesh v. yakinuddin, (1963) 3 scr 13: air 1962 sc 1916. various agreements were constructed in that case: one agreement was to propagate lac, another agreement was to collect tendu leaves, and another agreement was with respect to a right to ..... court followed (1963) 3 scr 13: air 1962 sc 1916 and negatived the claim of mulamchand to exercise his rights under the agreement.10. in view of these cases it is too late in the day to contend that the forest and the trees did not vest in the state under the act.11. there is no force in the contention of .....

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