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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: us supreme court Year: 1963 Page 1 of about 40 results (0.180 seconds)

Feb 18 1963 (FN)

Kennedy Vs. Mendoza-martinez

Court : US Supreme Court

Decided on : Feb-18-1963

..... away . . . permanently" or the "intent to avoid hazardous duty or to shirk important service" specified in the definition of desertion codified in the uniform code of military justice, 10 u.s.c. 885. the mere fact that the conduct ..... loss of citizenship is a punishment," to which representative hull of iowa replied, "certainly." id. at 114. section 504 of the nationality act of 1940, 54 stat. 1172, repealed the portion of the 1865 statute which dealt with flight from the jurisdiction ..... "available for active military service." between january 31, 1953, and may 29, 1953, the dean of the harvard medical school and cort exchanged several letters -- the dean suggesting that cort apply for a commission, cort expressing surprise that the ..... . his wife and two young children are likewise american citizens by birth. following receipt of his m.d. degree from the yale university school of medicine in 1951, he went to england for the purpose of undertaking a ..... writers have unanimously disapproved of statutes which denationalize individuals without regard to whether they have dual nationality. borchard, diplomatic protection of citizens abroad (1916), 262, 334; fenwick, international law (3d ed. 1948), 263; 1 oppenheim, supra, 313-313a; gettys, the law of citizenship ..... falling within the rationale of my views separately expressed in trop. my brother stewart discerns in 401(j) [ footnote 2/2 ] an affirmative instrument of policy and not simply a sanction which must be classed as "punishment." the policy .....

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Mar 04 1963 (FN)

White Motor Co. Vs. United States

Court : US Supreme Court

Decided on : Mar-04-1963

..... . . ." in this justification, it attempts but to make a virtue of business necessity, which has long been rejected as a defense in such cases. see dr. miles medical co. v. park & sons co., 220 u. s. 373 , 220 u. s. 407 -408; fashion originators' guild of america v. federal trade comm'n, ..... the suggestion is that such a manufacturer may find it essential, simply in order to acquire and retain outlets, to guarantee his distributors some degree of territorial insulation as well as exclusive franchises. it has also been suggested that it may reasonably appear necessary for a manufacturer to subdivide his ..... . s. 265 be his competitors involves a form of restraint upon alienation, which is therefore historically and inherently suspect under the antitrust laws. [ footnote 2/1 ] see dr. miles medical co. v. park & sons co., 220 u. s. 373 , 220 u. s. 404 -408. that proposition does not, however, tell ..... v. broadway-hale stores, inc., 359 u. s. 207 . price-fixing arrangements, both vertical ( united states v. parke, davis & co., 362 u. s. 29 ,; dr. miles medical co. v. park & sons co., 220 u. s. 373 ) and horizontal ( united states v. socony-vacuum oil co., 310 u. s. 150 ; kiefer-stewart co. v. ..... respect to restraints of this very kind, see turner, the definition of agreement under the sherman act: conscious parallelism and refusals to deal, 75 harv.l.rev. 655, 698-699 (1962). [ footnote 2/7 ] see note, restricted channels of distribution under the sherman act, 75 harv.l.rev. 795, 800-801 (1962). .....

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May 13 1963 (FN)

Gutierrez Vs. Waterman Steamship Corp.

Court : US Supreme Court

Decided on : May-13-1963

..... of the record of the state insurance fund, that respondent produced evidence indicating the cargo damaged prior to and at the time of the discharge, that medical records indicating treatment and the names of the treating physicians were available, and that the respondent took petitioner's deposition and submitted interrogatories. . . ." ..... or before the ship is being unloaded, and the impact of which is felt ashore at a time and place not remote from the wrongful act. ii as indicated supra, the trial court found respondent negligent in allowing the beans to be unloaded in their defective bagging when it knew or should ..... proceedings consistent with this opinion. it is so ordered. [ footnote 1 ] petitioner's injury was covered by the puerto rico workmen's compensation act, under which suits must be instituted within a year following the date of the final decision in the case by the manager of the state insurance ..... felt on the pier, rather than aboard ship. whatever validity this proposition may have had until 1948, the passage of the extension of admiralty jurisdiction act, 62 stat. 496, 46 u.s.c. 740, swept it away when it made vessels on navigable water liable for damage or injury " ..... s unseaworthiness and by the negligence of its owner. held: 1. the case was within the maritime jurisdiction under the extension of admiralty jurisdiction act, since it was alleged that the shipowner committed a tort while or before the ship was being unloaded and the impact was felt ashore .....

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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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May 10 1963 (SC)

In Re: the Bill to Amend S. 20 of the Sea Customs Act, 1878 and S. 3 o ...

Court : Supreme Court of India

Decided on : May-10-1963

Reported in : [1964]3SCR787

..... -section (2) ofsection 20 of the sea customs act, 1878 (act 8 of 1878) and sub-section (1a) ofsection 3 of the central excises and salt act, 1944 (act 1 of 1944); and whereas governments ofcertain states have expressed the view that the amendments as proposed in thesaid draft of the bill may not be constitutionally valid as the provisions ofarticle 289. read with the definitions ..... based on what is commonly known as themontagu-chelmsford report. section 45 of the act of 1919 provided that theamendments made by that act and the act of 1916 be incorporated in the text of thegovernment of india act, 1915, and that that act as so amended be known as thegovernment of india act. this government of india act constituted an indianlegislature consisting of two chambers, namely, the ..... incompatibilityof a right in one government to destroy what there is a right in another topreserve. we are not driven to the perplexing inquiry, so unfit for thejudicial department, what degree of taxation is the legitimate use and whatdegree may amount to the abuse of the power'.103. the chief justice,therefore, concluded in these famous words : the court has ..... his occupation of land, the fee of which isin the crown, the operation of the statute imposing the tax is limited to theappellants' own interest.' [smith v. vermillion hills. [1916] 2 a.c. 569. 172. my object in referring tothese observations is that provisions of this sort cannot always be readliterally and that the object of the framers as disclosed by .....

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Mar 19 1963 (SC)

Mirza Raja Shri Pushavathi Viziaram Gajapathi Raj Manne Sultan Bahadur ...

Court : Supreme Court of India

Decided on : Mar-19-1963

Reported in : [1964]2SCR403

..... facie, the argument does appear to be attractive; but when we examine the matter closely in the light of the definitions, it would be clear that the expression 'the person who owned' refers only to the landholder and no other person. section 2(8) defines a landholder as including (i) a joint hindu family, where the right to collect the rents of the ..... that the properties acquired by the holders of the zamindari estate from savings made by them cannot claim to be impartible. we have already seen the genesis of the madras act ii of 1904. section 2(2) of this act defines an 'impartible estate' as meaning an estate descendible to a single heir and subject to the other incidents of impartible estates in southern india ..... the buildings to which the said provision applies. for deciding this question it is necessary to refer to some of the definitions prescribed by s. 2 and other relevant provisions of the act. before doing so, however, let us read s. 18. section 18(1) deals with buildings situated within the limits of an estate, which immediately before the notified date, belonged to any ..... . section 2(3) defines a 'proprietor of an impartible estate' as meaning the person entitled to possession thereof as single heir under the special custom of the family or locality in which .....

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Dec 20 1963 (SC)

Vidyacharan Shukla Vs. Khubchand Baghel and ors.

Court : Supreme Court of India

Decided on : Dec-20-1963

Reported in : AIR1964SC1099; [1964]6SCR129

..... , and it is contended that the order under s. 98 of the act does not fall under any of the said three ..... ) of s. 2 of the code of civil procedure, respectively ..... of s. 12(2) or judgment within the meaning of s. 12(3) of the limitation act and the order under s. 98 of the act is neither a decree nor an order or a judgment within the meaning of the said sub-sections of s. 12 the limitation act. reference is made to the definitions of decree, judgment and order in sub-sections (2), (9) and (14 ..... expressions as defined therein. under sub-s (9) of s. 2 of the code .....

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Mar 28 1963 (SC)

Patel Gordhandas Hargovindas Vs. Municipal Commissioner, Ahmedabad

Court : Supreme Court of India

Decided on : Mar-28-1963

Reported in : AIR1963SC1742; (1964)66BOMLR68; (1963)GLR973(SC); [1964]2SCR608

..... value was however framed in february 1947, thatis, long after the government of india act 1935. after the government of indiaact had come into force, a new sub-section numbered sub-section (2) wasinserted in s. 73 of the bombay act which provided that 'nothing in thissection shall authorise the imposition of any tax which the ..... word 'tax' would have a wide meaning and would not beconfined to any special meaning. but the use of the word 'rate' inclause (i) definitely means that it was that particular kind of tax which inlegislative history and practice was known as a 'rate' which themunicipality could impose and not any other ..... ' meant any lands, tenements, hereditaments or propertywhich were or might become liable to any rate in respect of which the valuationlist was made under the act. section 22 provided how the rateable value whichwas the net annual value was to be arrived at from the gross value. 12. this history of the use ..... .128(1)(i). 35. the madras city municipal act, (no. iv of 1919) imposes a property taxby s. 98. this tax ..... the mode of ascertaining the rateable or annualvalue also varies.' 34. turning now to the acts passed in india between 1912 and 1925, we findthe same state of affairs. the u. p. municipalities act, (no. ii of 1916)provides for a tax on the annual value of buildings or lands or of both by s .....

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Nov 15 1963 (SC)

State of Punjab Vs. Okara GraIn Buyers Syndicate Ltd. and ors.

Court : Supreme Court of India

Decided on : Nov-15-1963

Reported in : AIR1964SC669; [1964]5SCR387

..... consideration of these submissions it would be necessary to advert to and read certain of the provisions of the act which have a bearing on the matter in controversy. section 2 contains the definitions of the terms used in the act and it enacts : '2. definitions. - in this act, unless the context otherwise requires. - . . . . . . (6) 'debt' means any pecuniary liability, whether payable presently or in future, or under ..... partially, in any area now forming part of west pakistan and is declared to be a displaced bank within the meaning of this act by the central government by notification in the official gazette;' 10. sub-section (8) contains the definition of 'displaced creditor' which it states means : '(8).'displaced creditor' means a displaced person to whom a debt is due from any ..... of debts. - (1) where, on the application of a displaced debtor under section 5 or sub-section (2) of section 11, the tribunal has determined the amount due in respect of each debt in accordance with the provisions of this act, it shall proceed to determine the paying capacity of the debtor. (2) if the paying capacity of the debtor is equal to or exceeds the ..... appellant in brief is two fold : (1) that what is claimed in the applications filed against the state is not 'a debt' within the definition of the term in the act to be presently referred to and (2) that even if it be held that the sum claimed is a 'debt' the same is not being claimed from a person of whom it .....

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Aug 16 1963 (SC)

State of Orissa Vs. M.A. Tulloch and Co.

Court : Supreme Court of India

Decided on : Aug-16-1963

Reported in : AIR1964SC1284; [1964]4SCR461

..... used in the act and thus may be omitted. sections 4 to 10 form a ..... the other sections which follow are not relevant and so are omitted. 11. we shall now turn to the central act. the long title of the act specifies that the twin purposes of the act are : (1) the regulation of mines, and (2) the development of minerals, both under the control of the union. section 2 we have already extracted. section 3 contains definitions of terms ..... view of the declaration made by s. 2 of this act the impugned act is ultra vires ........ section 2 of the act contains a declaration as to the expediency and control by the central government. it reads thus : '..............' section 4 of the act provides that no mining lease shall be granted after the commencement of this act otherwise than in accordance with the rules made ..... persons residing or working in the mining areas 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 .....

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