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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: supreme court of india Year: 1973 Page 1 of about 58 results (0.165 seconds)

Oct 30 1973 (SC)

The Gujarat Mineral Development Corporation Vs. Shri P.H. Brahmbhatt

Court : Supreme Court of India

Decided on : Oct-30-1973

Reported in : AIR1974SC136; (1974)ILLJ97SC; (1974)3SCC601; [1974]2SCR128; 1974(1)SLJ272(SC)

..... formed the basis of the impugned action. that apart, in its view the impugned action came within the provisions of section 11a of the industrial disputes act-hereinafter called 'the act'-according to which it would be the duty of the court to satisfy itself whether the order or dismissal or discharge ..... further found that merely because his leave application was presented in a particular manner, and because it was accompanied by a certificate from a registered medical practitioner a vaidya, no inference would arise that the grounds urged were absolutely false. in the view of the special labour court the management ..... class iii and iv only and the chairman or the sub-committee may authorise appointment of suitable candidates to vacant posts in class i & ii. it is admitted that the post held by the respondent falls in one of the categories mentioned in the above rule. in these circumstances ..... a declaration has not been signed by the respondent and, therefore, those rules are not applicable to him. it is also evident that rule 2(b) states that 'these rules are applicable to every wholetime employee of the corporation, provided that employees under specific agreement or arrangement shall not be ..... suffers from gross and palpable error occasioning manifest and substantial injustice : per hidayatullah, j., in kamani metals & alloys ltd. v. their workmen [1967] 2 l.l.j. 56.11. it may, however, be stated that this court does not generally entertain pleas on questions of fact or interfere with .....

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Jan 12 1973 (SC)

Municipal Corporation of Greater Bombay Vs. the B.R.S.T. Workers Union

Court : Supreme Court of India

Decided on : Jan-12-1973

Reported in : AIR1973SC883; [1973(26)FLR123]; 1973MhLJ461(SC); (1973)3SCC546; [1973]3SCR285

..... these two appeals, by special leave the common question that arises for consideration is the proper interpretation to be placed on section 78(1)(d) of the bombay industrial relations act 1946 (bombay act no. xi of 1947) hereinafter referred to as the act.2. the appellant in both the appeals, the municipal corporation of greater bombay, is a body corporate constituted under the ..... provided under the regulations, dismiss, discharge or reduce or otherwise punish an employee during the period he is in receipt of disablement benefit for temporary disablement or is under medical treatment for sickness or is absent from work as a result of illness duly certified in accordance with the regulations to arise out of the pregnancy or confinement rendering the ..... given to an employee during the period specified in sub-section (1) shall be valid or operative.15. this provision clearly places an embargo upon the powers of an employer to dismiss, discharge or otherwise punish an employee in the circumstances mentioned therein. for example, if an employee is under medical treatment for sickness or is in receipt of sickness benefit ..... or maternity benefit, no order of dismissal or punishment can be passed against such an employee. that means even if an employer intends to take disciplinary action for any misconduct, he cannot pass ay orders of punishment during the periods mentioned in the section. for instance, .....

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Aug 20 1973 (SC)

Oyami Ayatu Vs. the State of Madhya Pradesh

Court : Supreme Court of India

Decided on : Aug-20-1973

Reported in : AIR1974SC216; 1974CriLJ305; (1974)3SCC299; 1973(5)LC802(SC)

..... of gujarat : 1964crilj472 that there is rebuttable presumption that the accused was not insane when he committed the crime in the sense laid down by section 84 indian penal code. the accused may rebut it by placing before the court all the relevant evidence, oral documentary or circumstantial, but the burden ..... show that the conduct or the behavior of the appellant either before or after the occurrence was not of a normal person.6. according to section 84 indian penal code, nothing is an offence which has been done by a person who at the time of doing it by reason of ..... these are matters of presumption. every one is presumed to know the natural consequences of his act. similarly everyone is presumed to know the law. it is for this reason that section 105 indian evidence act places upon the accused person the burden of proving the exception on which he relies.7. ..... the requisite intention can be reasonably drawn, the prosecution must be deemed to have discharged its burden. dealing with section 84 indian penal code, this court observed that the aforesaid section could be invoked by a person for nullifying the evidence adduced by prosecution by establishing that he was at the ..... pradesh, affirming on appeal and reference the conviction of the appellant under section 303 indian penal code and sentence of death.2. the case for the prosecution is that the appellant was convicted on november 11, 1967 under section 302 indian penal code by the additional sessions judge durg and was sentenced .....

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Dec 21 1973 (SC)

Hukumdev NaraIn Yadav Vs. Lalit NaraIn Mishra

Court : Supreme Court of India

Decided on : Dec-21-1973

Reported in : AIR1974SC480; (1974)2SCC133; [1974]3SCR31

..... limitation act as including a petition. it is, in our view unnecessary to examine the submission in ..... this context because even if section 4 of the limitation act does not apply, section 10 of the general clauses act will certainly apply to election petitions to be filed ..... and local enactments, unless excluded by any of them. the difference in the scheme of the provisions of sub-section (2) of section 29 under the two acts will be discernible if they are juxtaposed as under:section 29(2) of old act section 29(2) of new act where any special or local law where any special or local law prescribes for any suit, appeal or prescribes ..... the meaning of that section if during any part of its normal working hours it remains closed on that day. it was sought to be contended that even if the limitation act applies section 4 would not apply because an election petition is neither a suit, nor an appeal nor an application, notwithstanding the definition of 'application' contained in section 2(b) of the .....

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Mar 28 1973 (SC)

Bishambar Nath and ors. Vs. the Agra Nagar Mahapalika, Agra and anr.

Court : Supreme Court of India

Decided on : Mar-28-1973

Reported in : AIR1973SC1289; (1973)1SCC788; [1973]3SCR777; 1973(5)LC562(SC)

..... on filthy or deleterious substance, shall be liable to conviction to a fine which may extend to fifty rupees. section 243 is in these words : 'the president, the executive officer, or the medical officer of health and, if authorised in this behalf by resolution, any other member, officer or servant of ..... incurred by the appellants for any period after september 20, 1945. the appellants ground their claim on the respondents' orders passed under section 244 of the municipalities act between september 17 and october 8, 1945. they say that the orders are invalid and malafide. the respondents seek to escape liability in ..... even though the accused had best intention) without effective regulation i order that the entire afta still be taken possession of by the municipal medical officer of health who will kindly regulate its disposal in consonance with considerations to the owner as is necessary to prevent its being used ..... dated october 8, 1945, the second respondent issued the following directions to the appellants under section 244 of the municipalities act : (1) the atta should not be sold for feeding animals kept for dairy purposes; (2) flour less than one full bag should not be sold to one individual; (3) there ..... kindly expedite action in this. copy of this order may be sent to medical officer of health immediately.'6. on september 17, 1945 the second respondent issued an order under section 244 of the u.p. municipalities act. the order was with respect to 2048 bags of atta seized by the .....

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Oct 19 1973 (SC)

Sri Mahalinga Thambiran Swamigal Vs. His Holiness Sri La Sri Kasivasi ...

Court : Supreme Court of India

Decided on : Oct-19-1973

Reported in : AIR1974SC199; (1973)1SCC150; [1974]2SCR74

..... at any time before his death, the nomination made by exhibit b-1 will was revocable without assigning any reason.18. the definition of 'will' in section 2(h) of the indian succession act, 1925, would show that it is the legal declaration of the intention of a testator with respect to his property which he ..... . 'it is rather a matter for a court to decide at the time of action whether a particular condition does or does not involve a sufficient degree of social interest to be characterised as status, assuming that all other features of status are present'. bentham's idea of status was that it was ..... [see nataraja v. kailasam (1920) 48 i.a. 1; ramalingam pillai v. vythialingam pillai [1893] 20 i.a. 150; ram prakash das v. anand das (1916) 43 i.a. 73 and vailyanatha v. swaminatha (1924) 51 i.a. 282.14. from the decision in the sambandha case it is clear that the custom in ..... not a simple one of the existence or non-existence of the concern of the society; it is also one of the degree of such concern. it is further, abvious, that the degree and even the existence of this concern in a particular condition will vary from time to time in the same society. it ..... special condition of a continuous and institutional nature, differing from the legal position of the normal person which is conferred by law and not purely by the act of the parties, whenever a person occupies a position of which the creation, continuance or relinquishment and the incidents are a matter of sufficient social or .....

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Oct 31 1973 (SC)

Pyarali K. Tejani Vs. Mahadeo Ramchandra Dange and ors.

Court : Supreme Court of India

Decided on : Oct-31-1973

Reported in : AIR1974SC228; 1974CriLJ313; (1974)1SCC167; [1974]2SCR154

..... and, as such, the admixture of any sweetener cannot attract the penal provisions at all. he who runs and reads the definition in section 2(v) of the act will answer back that supari is food. the laxicographic learning, pharmacopic erudition, the ancient medical literature and extracts of encyclopaedias pressed before us with great industry are worthy of a more substantial submission. indeed, learned counsel ..... for taste and nourishment? it is. and so it is food. without carrying further on this unusual argument we hold that supari is food within the meaning of section 2(v) of the act.15. it was next urged before us that the dealer believed in good faith that there was no cyclamate in the substance sold induced by the warranty and honestly ..... are a serious hazard to public health. and so a minimum jail term is fixed in the act itself.5. now to the act and its scheme. 'food' is defined very widely in section 2(v) and 'adulteration' also has been assigned a considerable range of meaning in section 2(i). power to make rules to effectuate the statute is conferred on the central government in ..... circular referred to earlier in this judgment was probably sent out pursuant to the communication by the commissioner, food and drugs administration, maharashtra state.19. even on cyclamates, the toxic degree is not too clear. there is considerable controversy both in the united states and the united kingdom about a total ban on cyclamates but there is a growing volume of .....

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Apr 10 1973 (SC)

V. Nagappa Vs. Iron Ore Mines Cess Commissioner and anr.

Court : Supreme Court of India

Decided on : Apr-10-1973

Reported in : AIR1973SC1374; (1973)IILLJ120SC; (1973)2SCC1; [1973]3SCR943

..... the principles laid down in this ruling and if so, to what extenr, and whether section 2 of the act suffers from the vice of excessive delegation.9. in municipal board, hapur v. raghuvendra kripal : [1966]1scr650 the validity of the u.p. municipalities act, 1916 was involved. the act had empowered the municipalities to fix the rates of tax and after having enumerated the kinds ..... ore for financing the promotion of welfare of labour employed in the iron ore mining industry. so far as the mysore state was concerned, the act was brought into force from october 1, 1963. sections 2 and 3 of the act contain the crucial provisions thereof. as the arguments in this case centerd round the said provisions, it is necessary to set them out ..... of labour employed in the iron ore mining industry directed towards :-(i) the improvement of public health and sanitation, the prevention of disease, and the provision and improvement of medical facilities,(ii) the provision and improvement of water supplies and facilities for washing,(iii) the provision and improvement of educational facilities,(iv) the improvement of standards of living including housing and nutrition ..... .15. tested in the light of the reasoning adopted in the cases referred to above, we are of opinion that the act has furnished definite guideline for the government to exercise the power to fix the rate of excise duty.16. section 3 has specified the purposes for which the excise duty collected is to be utilized. we do not think that the .....

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Sep 25 1973 (SC)

Silver Jubilee Tailoring House and ors. Vs. Chief Inspector of Shops a ...

Court : Supreme Court of India

Decided on : Sep-25-1973

Reported in : AIR1974SC37; (1973)IILLJ495SC; (1974)3SCC498; [1974]1SCR747

..... whether regular part time service can be considered even prima facie to suggest anything other than a contract of service. according to the definition in section 2(14) of the act, even if a person is not wholly employed, if he is principally employed in connection with the business of the shop, he ..... to be punctual, which means that the stitching must be done according to the instruction of the employer and within the time specified. the degree of control and supervision would be different in different types of business. if an ultimate authority over the worker in the performance of his work ..... is an independent contractor. it seems that this is not based on the theory that if the employer provides the equipment he retains some greater degree of control, for, as already seen, where the control arises only from the need to protect one's own property, little significance can attach ..... the performance of the work would be a decisive factor. however, it has for long been apparent that an analysis of the extent and degree of such control is not in itself decisive.27. it is in its application to skilled and particularly professional work that control test in its ..... of performing service to the undertaking,' but whether the men were employees 'as a matter of economic reality.' important factors were said to be 'the degrees of control, opportunities of profit or loss, investment in facilities, permanency of relations and skill required in the claimed independent operation.25. silk sold coal .....

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Dec 11 1973 (SC)

Raval and Co. Vs. K.G. Ramachandran and ors.

Court : Supreme Court of India

Decided on : Dec-11-1973

Reported in : AIR1974SC818; (1974)1SCC424; [1974]2SCR629

..... ) and the division bench respectively. before we go further into a discussion of the questions that arise :it is necessary to look into certain relevant provisions of the act. clause (6) of section 2 of the act defines landlord thus : "landlord" includes the person who is receiving or is entitled to receive the rent of a building, whether on his own account .or on ..... of the act under considerations show that the are to take effect notwithstanding any contract even during the subsistence of the contract. we have already referred to the definition of the terms 'landlord' and 'tenant' which applies both to subsisting tenancies as well as tenancies which might have come to an end. we may also refer to the provision in section 7(2) which ..... the view taken by the madras high court was a casual observation made without examining the scheme of the madras act and no validity could attach to it. we fail to see-how such an argument can possibly be advanced with any degree of plausibility. it is clear from the dis- cussion of the madras decision which we find in the judgment ..... of court that the attention of this court was specifically directed to the reasoning of the madras decision which proceeded on the basis that s. 7 of the madras act had its own self-contained scheme .....

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