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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Sorted by: old Court: gujarat Year: 1963 Page 1 of about 17 results (0.030 seconds)

Feb 06 1963 (HC)

Dhrangadhra Chemical Works Ltd. Vs. Industrial Tribunal (i.G. Thakore) ...

Court : Gujarat

Decided on : Feb-06-1963

Reported in : (1963)0GLR622; (1963)IILLJ527Guj

..... be chosen and recognized as protected workmen. (5) where an employer makes an application to a conciliation officer, board, labour court, tribunal or national tribunal under the proviso to sub-section (2) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass, as expeditiously as possible, such order in relation thereto as it ..... has been made by the employer to the authority before which the proceeding is pending for approval of the action taken by the employer. (3) notwithstanding anything contained in sub-section (2), no employer shall, during the pendency of any such proceeding in respect of an industrial dispute, take any action against any protected workman concerned in such dispute - (a) by altering ..... that case the court had to consider the ambit and scope of the provisions of s. 6e(2)(b) of the united provinces industrial disputes act, 1947. section 6e(2) of the united provinces industrial disputes act is identical in terms with s. 33(2)(b) of the industrial disputes act xiv of 1947, as it exists at present. at p. 214 the supreme court has reviewed ..... a 'manifest error' before a court interferes by issuing the writ of certiorari. the law in england on the subject has been well stated in the case of regina v. medical appeal tribunal, ex parte, gilmore [(1957) 1 q.b. 574]. in that case lord justice denning, lord justice romer and lord justice parker constituted the appellate bench. at p. 582 .....

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Feb 06 1963 (HC)

The Dharangadhra Chemical Works Ltd. Vs. I.G. Thakore

Court : Gujarat

Decided on : Feb-06-1963

Reported in : AIR1963Guj283

..... 5. where an employer makes an application to a conciliation officer, board, labour court, tri-bunal or national tribunal under the proviso to sub-section (2) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass, as expeditiously as possible ..... to the authority before which the proceeding is pending for approval of the action taken by the employer. (3) notwithstanding anything contained in sub-section (2), no employer shall, during the pendency of any such proceeding in respect of an industrial dispute, take any action against any protected workman concerned ..... case of air 1961 sc 860. having regard to the law as there laid down it cannot be said that a tribunal when acting under section 33(2)(b) is called upon to consider whether there has been unfair labour practice or victimisation.13. we shall next proceed, to consider ..... this special civil application raises very interesting questions regarding the powers of an industrial tribunal when dealing with an application made under section 33(2) (b) of the industrial disputes act, 1947.2. mulji ganda, the 2nd respondent before us, was an employee of the dharangadhra chemical works ltd., the petitioner before us ..... court interferes by issuing a writ of certiorari. the law in england on the subject has been well stated in the case of regina v. medical appeal tribunal, ex parte gilmore, reported in 0957) 1 qb 574. in that case lord justice denning, lord justice romer and lord justice .....

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Jan 16 1963 (HC)

State of Bombay (Now State of Gujarat) Vs. Amarsinh Raval

Court : Gujarat

Decided on : Jan-16-1963

Reported in : AIR1963Guj244

..... action'. the rule refers to an order of dismissal, removal or reduction. article 311 of the constitution uses the expression 'action proposed to be taken'. sub-section (2) of article 311 of the constitution refers to dismissal, removal or reduction in rank. but as observed by their lordships of the supreme court, rule 55 ..... been afforded an adequate opportunity of defending himself. the grounds on which it is proposed to take action shall be reduced to the form of a definite charge or charges which shall be communicated to the person charged, together with a statement of the allegations on which each charge is based and of ..... to the meaning of reasonable opportunity and secondly as to the meaning of the expression 'action proposed to be taken'. 4. as sub-section (2) provides that a reasonable opportunity to show cause against the action proposed to be taken must be given, the plain meaning would be ..... bhatt v. union of india, air 1962 sc 1344, the content of the reasonable opportunity under article 311(2) of the constitution is the same as in section 240(3) of the government of india act, 1935. an opportunity to show cause is reasonable even if it does not contemplate a further opportunity to examine ..... in order that an opportunity to show cause may be regarded as a reasonable one, it must cover both the questions of guilt as well as the degree of punishment, and therefore a reasonable opportunity has to be given at two stages, namely one where the inquiry into the guilt is being held and .....

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Mar 12 1963 (HC)

Bai Asmalbai W/O. Vora Mahamad Alli Vs. Esmailji Abdulali and ors.

Court : Gujarat

Decided on : Mar-12-1963

Reported in : AIR1964Guj174; (1964)0GLR678

..... that notwithstanding the execution and registration of a particular document purporting to be a sale deed, there is, in fact, no sale, in view of the definition of sale in section 54 of the t. p. act. the consideration can be fully paid or partly paid or partly promised or fully promised. the idea that there can he no sale unless the consideration ..... , the fact that the executant of the document was not in need of money are irrelevant under the evidence act. there is no section in the evidence act whereby such facts are relevant. section 11 of the evidence act has no application because section 11 requires high degree of probability or improbability. what the plaintiff has to prove is that there was no transfer of ownership of ..... properties and that it was properly valued for the purposes of court-fees under section 7(iv)(f) of the court-fees act, 1870'. 10. the next point urged is that the suit is barred by the provisions of order 2 rule 2 of the c. p. code. order 2 rule 2 reads as follows:-- '(1) every suit shall include the whole of the claim which ..... 8 persons for administration of the properties of the deceased mahmadalli ibrahimji who was the uncle of defendant nos. 1 to 5 (sic) and maternal uncle of defendant nos. 2 to 7. 2. the civil judge, j. d., balasinar, granted a decree for administration and appointed a commissioner to work out of the partition of the properties of the deceased amongst his .....

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Mar 28 1963 (HC)

Laljibhai Jodhabhai Bar Vs. Vinodchandra Jethalal Patel

Court : Gujarat

Decided on : Mar-28-1963

Reported in : AIR1963Guj297; (1963)GLR523

..... authenticate in such manner as may be prescribed. the expression 'prescribed' has been defined in section 2(i)(g) to mean prescribed by rules made under the act. rule 2 (2) of the conduct of elections rules, 1961, provides as under:-.'(2) for the purposes of the act or these rules, a person who is unable to write his name shall, unless otherwise expressly provided ..... or on behalf of any candidate or accepted by the returning officer for election in the same constituency.'this section requires that the nomination paper must be signed by an elector of the constituency as proposer. section 2(i)(i) provides that in the act, unless the context otherwise requires, 'sign' in relation to a person who is unable to write his name means ..... questions and relating to withdrawal of questions, where a reference has been made to a minister. unless the context would otherwise require, the expression minister would, having regard to the definition clause, include a parliamentary secretary. rule 85 provides as under :'85 (i) a member who has resigned the office of minister may with the consent of the speaker, make a ..... , but difficult to say wherein the difference lies. there is no evidence led before us to show that the minister to whom a parliamentary secretary may be attached exercises that degree of control in the manner of the execution of the work of the parliamentary secretary as would give rise to the relationship of master and servant between the one and .....

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Apr 18 1963 (HC)

Hirji Madha Vs. Nagji Kurji and ors.

Court : Gujarat

Decided on : Apr-18-1963

Reported in : (1964)5GLR289

..... declarationthe applicant shall notwithstanding anything contained in the definition of debtorin sub-section (5) of section 2 be deemed to be a debtor for the purposes of this act and the court shall proceed as if an application under section 4 had been made to it.section 25 which follows this section is in the nature of an exception to section 24 and it provides as unden-25 nothing ..... be a bona fide transferee for value without notice of the real nature of the transfer. the wordbona fide is not defined in the act. the bombay general clauses act however does is its section 3(20) setting out definitions state that a thing shall be deemed to be done in good faith where it is in fact done honestly whether it is done ..... . then mr. vakharia argued that the definition given in the transfer of property act of notice should apply to the wordnotice in this act because this particular section deals with transfer of property. but there is no warrant for importing the definition of notice from the transfer of property act which is a central act and not a provincial act as the act is. if the legislature intended to ..... to his knowledge when the information conveyed is express and it brings home knowledge directly to a party the notice is said to be actual notice. actual notice embraces all degrees and grades of evidence from the most direct and positive proof to the slightest evidence from which a court would be warranted in inferring notice. it is a question of .....

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Apr 30 1963 (HC)

Firm of Amratlal Ravjibhai Vs. Firm of Pari Parshottamdas Harivallabha ...

Court : Gujarat

Decided on : Apr-30-1963

Reported in : AIR1964Guj253; (1964)0GLR369

..... that the costs of an advocate or pleader shall be taxed in accordance with the rules framed by the high court under section 16 of the bar councils act or section 31 of the bombay pleaders' act. in this case it was common ground that advocates were engaged on either side and not pleaders. the question of costs ..... than one advocate is entitled to advocate's fee on the basis of two advocates is that contained in rule ii of chapter xiv of the rules made under section 16 of the bar councils act but that rule is by its express terms applicable only to an appeal and does not apply to a suit. ..... summary suits in the ahmedabad city civil court rules, 1961, made by the high court in exercise of its powers under article 227 of the constitution and section 122 of the code of civil procedure. the facts giving rise to the appeal may be briefly stated as follows: on 24th november 1962, the appellants ..... the rules framed by the high court under section 16, of the bar council act, we find that by rule 1 of chapter xiv it is provided that where costs are awarded ..... would, therefore, have to be decided by reference to the rules framed by the high court under section 16 of the bar councils act. turning to .....

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May 03 1963 (HC)

Bai Hanifa Jusab Vs. Memon Dadu A. Gani, Sardharia

Court : Gujarat

Decided on : May-03-1963

Reported in : AIR1964Guj44; (1964)GLR198

..... public or any person may possess irrespective of other immovable property. it is thus clear that whatever was intended 'to be kept out of the purview of the act has been set out in section 2. whereas all other customary and other rights in or over immovable property have been saveo, licences have been excepted therefrom.16. with this background we will turn ..... enacted, as it was expedient to define and amend the law relating to easements and licences. section 2 specifically sets out that which is saved from the provisions of the act. it provides that nothing contained in the act should be deemed to affect any law not expressly repealed; or to derogate from, amongst other things, any customary or other right (not being a ..... come to deal with the second submission made by mr. zaveri. suffice it to say at the present moment that none of these clauses set out above in the slightest degree hint at creating any interest in any immovable property at all, much less an interest of the nature of a tenancy. there are no words of demise nor is there ..... manner go on staying with the minor till the contingencies mentioned come to pass.12. how, a 'licence' is defined in section 52 of the indian easements act, 1882, as follows:'where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something .....

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May 03 1963 (HC)

Kanku D/O Dhulabhai Dahyabhai Vs. Khristi Shanabhai Fulabhai

Court : Gujarat

Decided on : May-03-1963

Reported in : (1968)9GLR511

..... marriage must have been solemnized in india and that the petitioner must be a resident in india at the time when the petition is filed. the last paragraph of section 2 of the act prescribes that in cases of decrees other than the decrees of dissolution of marriage or of nullity of marriage, the petitioner must be a resident of india at the ..... conferred an unrestricted jurisdiction in all matters matrimonial in the high court including jurisdiction to grant a declaration of the aforesaid kind. though the learned judge did not reach a definite conclusion on this submission, he examined the legal position on the assumption that such was the law, but he concluded that whatever might have been the legal position before the ..... any of the following grounds:(1) that the respondent was impotent at the time of the marriage and at the time of the institution of the suit;(2) that the parties are within the prohibited degrees of consanguinity (whether natural or legal) or affinity;(3) that either party was a lunatic or idiot at the time of the marriage;(4) that the ..... have been doubt whatever that its jurisdiction (whatever it may have been before) would have been limited by this section 4 of the indian divorce act; but it is suggested that as the letters patent establishing this court only came into effect in 1916, the words, 'matters matrimonial'.as used in clause 27, may be construed as contemplating a larger jurisdiction than that .....

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Aug 26 1963 (HC)

Chandulal Jethalal Jayaswal and ors. Vs. State of Gujarat and anr.

Court : Gujarat

Decided on : Aug-26-1963

Reported in : AIR1964Guj59; (1963)GLR1033

..... that ethyl alcohol and denature alcohol were fundamentally distinct articles and he relied upon certain provisions in the act to show that even the legislature had recognised the basic distinction between the two articles. he pointed out that the definition of denatured alcohol in section 2(10a) itself makes a distinction between denatured spirit and denatured alcohol as against spirit and ethyl alcohol. in ..... of the constitution which envisages a distribution of powers between the states and the union, and if so understood, the concept must recognise the need and the legitimacy of some degree of regulatory control, whether by the union or the states. this is irrespective of the restrictions imposed by the other articles in part xiii of the constitution. they further observed ..... between one state and the rest. in support of his argument, mr. sorabji relied upon the state of bombay v. r.m.d. chamarbaushwalla, 57 bom lr 288 : [(s) air 1916 pom 1), where the petitioner claimed a writ of mandamus, ordering the state of bombay to forbear from enforcing the bombay lotteries and prize competition control and tax ..... ) no. 57 of 1947 was challenged as being violative of section 92 of the commonwealth of australia constitution, 1900. at page 310 of the report, the privy council adopted the dictum of griffith c.j. in duncan v. state of queensland, (1916) 22 cir 556 at p. 573, namely'but the word 'free' does not mean extra legem any more than freedom .....

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