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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Sorted by: old Court: madhya pradesh Year: 1986 Page 1 of about 22 results (0.075 seconds)

Apr 08 1986 (HC)

Omkarlal Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Apr-08-1986

Reported in : 1987CriLJ1289

..... state of mind. the expression 'incapable of knowing the nature of the act' will include the incapacity to know the consequences of the act. what may be termed legal insanity under section 84 of the penal code, is not identical with medical insanity. a distinction must be made between insanity affecting the cognitive faculties of ..... such as rests upon a plaintiff or defendant who is required to prove an issue in a civil proceeding.8. therefore, all that section 105 of the evidence act means is that it is the duty of the accused to introduce such evidence as will displace the presumption of the absence of circumstances ..... accused bearing the burden of bringing the case within the statutory exception the prosecution is not absolved from the burden laid on it under section 102 of the evidence act.9. keeping the herein above noted settled principles in mind, on examination it is found that the defence has brought out certain facts ..... no knowledge about the facts asked. he also examined, to prove the factum of insanity, imrat singh solanki (d.w.i), gajanand sharma (d.w. 2) and radheshyam (d.w, 3) in his defence,5. the learned trial judge has held in the impugned judgment that the prosecution has proved its case ..... and delivering the judgment in court of criminal appeal in england:everyman is presumed to be same and to possess a sufficient degree of reason to be responsible for his acts unless the contrary is proved. to establish insanity it must be clearly proved that at the time of committing the .....

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Apr 11 1986 (HC)

Kailashchandra Vs. Harbans Singh Chabra and ors.

Court : Madhya Pradesh

Decided on : Apr-11-1986

Reported in : 1987CriLJ1423

..... 120b read with section 161, penal code cannot justify his act of receiving bribe as an act done by him by virtue of the office that he held.11. in the present case, it ..... said ventilator closed.3. on service of summons, the non-applicant harbans singh raised a preliminary objection as to want of sanction as required under section 197(1)(b) of the code against cognizance of offences being taken against, him. the learned trial magistrate sustained the objection and hence this ..... for action under the code in respect of offences under sections 448,219,219/109, 506 and 427/34,i.p.c. on the ground that the said harbans singh in collusion with the ..... , 1973 (for short 'the code') cognisance of offences cannot be taken against the non-applicant harbans singh chhabra, tahsildar badnawar, district dhar.2. the circumstances giving rise to the petition are these. the applicant filed a criminal complaint against the non-applicant harbans singh and three others ..... medical officer act or purport to act as a public servant in picking the pocket of a patient whom he is examining, though the examination itself may be such an act. the test may well be whether the public servant if challenged, can reasonably claim that what he does, he does in virtue of his office. a public servant charged with an offence under section .....

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Sep 30 1986 (HC)

Munnalal Vs. Sardar Kartar Singh and anr.

Court : Madhya Pradesh

Decided on : Sep-30-1986

Reported in : I(1987)ACC224

..... under the circumstances, this court would not be able to help the appellant while exercising its powers under section 30 of the act. even otherwise, the claim does not appear to be justified. discharge ticket from the medical college (ex. p 1) relates to one munnalal of aged about thirty years. no one unfortunately ..... he was also not entitled to any compensation. that is how the claim was dismissed and the matter is before this court.3. section 30 of the workmen's compensation act permits this court to entertain and decide an appeal only if it gives rise to a substantial question of law and not otherwise. ..... times by different persons, there appears to be no justification for holding that it was accidental omission. nothing prevented the appellant from examining someone from medical college, who could depose that the certificate related to munnalal, son of chhotelal. munnalal, son of chhotelal gave his evidence on 22-4 1981 ..... his truck no. mpj 9695 and suffered an accidental injury on 28-1-1980 as a result of which he get his cervical spine injured. he claims to have been admitted at the medical college, ..... g.c. gupta, j.1. this is an appeal under section 30 of workmen's compensation act challenging order dated 30-11-1981 passed by the commissioner for workmen's compensation, jabalpur in case no. 40 of 1980.2. appellant munnalal, son of rooplal claimed to be an employee of respondent no. 1 in .....

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Oct 20 1986 (HC)

Dr. R.P. Dhanda Vs. Bhurelal and anr.

Court : Madhya Pradesh

Decided on : Oct-20-1986

Reported in : 1987CriLJ1316

..... damaged as a consequence and is now being diagnosed as 'myopic'. the loss is seemingly irreparable. and this should occasion at the hands of a medical practitioner of your standing and repute is certainly an issue causing grave concern. the grievous hurt to the eye is caused by the operation. the operation ..... liability thereunder arises only when the offender does the act so rashly or negligently as to endanger human life or the personal safety of others and thereby grievous injury is caused. rashness and negligence for the purposes of the section must be of such a degree as to sustain a finding of criminal liability as ..... so as to give rise to criminal liability.18. in the instant case, the non-applicant bhurelal in addition to himself, has examined suresh (p. w. 2) an agriculturist and virendra singh (p. w. 3) who is engaged in soap business. their evidence shows that the non-applicant no. 1 had consulted ..... non-applicant bhurelal not being satisfied with the operations in which according to him the petitioner was involved, served him with a lawyer's notice dated 23-2-82 (vide ex. p/1). in para 6 thereof, it has been stated as under:my client's vision of the eye stands completely vitiated. ..... of the code of criminal procedure 1973 (for short 'the code') a direction has been issued to register a case under sections 338 and 420, ipc against the petitioner.2. circumstances giving rise to the petition are these. the non-applicant no. 1 bhurelal suffered from trouble, in his right eye. the .....

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Nov 27 1986 (HC)

Ambalal Vs. Anna and ors.

Court : Madhya Pradesh

Decided on : Nov-27-1986

Reported in : II(1987)ACC131

..... s c. 1331 it has been held that when sub-section (6) of section 96 of the act talks of avoiding liability in the manner provided by sub-section (2) it necessarily refers to the defences under sub-section (2) and it cannot be said that in enacting sub-section (2) the legislature was contemplating only those defences which were based ..... that in the instant case the owner and the driver of the truck having not contested the claim, the insurer, as provided under section 110-c(2-a) of the act, had a right to contest the claim on all or any of the grounds available to the insured and his driver.13. on ..... accident had occurred due to the negligence of the truck driver and awarded compensation in the sum of rs. 10,750/- inclusive of loss of pay and medical expenses. interest @ 6% p.a. has been awarded from the date of award.7. aggrieved by the award the claimant and the insurer both have ..... appeal no. 226 of 1984 (oriental fired: general insurance co. v. ambahl and ors.) which is by the insurer.2. this appeal under section 110-d of the motor vehicles act, 1939 (for short 'the act') is directed against the award dated 29-3-1984 made by the member, 1st additional motor accidents claims tribunal, indore ..... view the gravity of the injury, loss of enjoyment and degree of deprivation.22. the contention of the learned counsel for the appellant ambalal is that in the instant case according to the medical evidence, the shortning of leg is by 1/1-2 inch and the permanent disability is 17%. it has further .....

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Jan 07 1986 (HC)

Mittal Ice and Cold Storage Vs. Commissioner of Income-tax

Court : Madhya Pradesh

Decided on : Jan-07-1986

Reported in : (1986)52CTR(MP)123; [1986]159ITR18(MP)

..... justified in law in rejecting the assessee's claim for investment allowance under section 32a(2)(b) of the income-tax act, 1961, by holding also that the definition of the word 'manufacturing process' i.e., undergoing a change as a result of cold storage operation, given in section 2(k) of the factories act, 1948, will not be imported for the purpose of allowing investment allowance ..... name, character or use.'8. in commissioner of sales tax v. dr. sukh deo, : [1969]1scr710 the question for consideration was whether the preparation of mixture of drugs by a medical practitioner amounted to a manufacture of medicines. the supreme court held that when a mixture of different drugs is prepared by a ..... medical practitioner for the use of his patient/that mixture is normally incapable of being passed on from hand to hand as a commercial commodity and the medical practitioner cannot be held to have manufactured the mixture. it is true that the aforesaid decisions do ..... not deal with the provisions of the income-tax act and the decisions rendered with reference to construction of one act cannot be applied with reference to the provisions of another .....

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Jan 08 1986 (HC)

Rajendra Vs. Bishambhar Nath and ors.

Court : Madhya Pradesh

Decided on : Jan-08-1986

Reported in : 1(1986)ACC379

..... a combined reading of the evidence of dr. shobha chimania and dr. c.s. chimania and keeping in view the definition of the term 'proved' as given in section 3 of the evidence act which does not insist on absolute certainty, the clear conclusion is that it stands proved that the loss the left kidney was ..... p. v. vinod kumar air 1984 344 all may usefully be perused.24. the learned tribunal has awarded rs. 12,469.80 p. as expenses towards medical treatment. on acareful consideration of the facts and circumstances of the case, we are of the view that towards pecuniary damages amount of rs. 20,000/- would ..... became unconscious. he was taken to dhamnod hospital and from there to my. hospital indore. after four days he was admitted to choithram hospital indore, for 2 1/2 months and in padidar nursing home, indore for 4-5 days. claim for compensation was laid as under :rs.(i) towards medicine and fruits including future ..... learned tribunal erred in holding that rajendra was hurt as a result of the collision between him and the truck due to the negligence of truck driver ?(ii) whether the amount of compensation awarded is too low and deserves to be enhanced11. point no. 1. the applicant rajendra as pw 9 has stated that ..... and at high speed. towards damages sums were awarded as under :rs. n.p.(i) towards expenses incurred in the treatment. 12,047.30422.5012,469.80(ii) towards fees paid to dr. dube, homoeopath. 300.00(iii) towards price of milk and fruits. 670.00(iv) towards loss of studies. 200.00(v .....

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Jan 15 1986 (HC)

Toran Singh Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Jan-15-1986

Reported in : 1987CriLJ1986

..... the contentions of the appellant deserve to be. rejected and are, accordingly, rejected. it is proved that the appellant kidnapped the prosecutrix, who was definitely below 18 years of age at the relevant time. it is proved that though the prosecutrix on the date of the incident was above 16 years ..... render it unworthy of credence, as a general rule, there is no rule to insist on corroboration except from the medical evidence, where, having regard to the circumstances of the case, medical evidence can be expected to be forthcoming. corroboration may be insisted upon when a woman having attained majority is found in ..... cri lj 1096 have observed :corroboration is not the sine qua non for a conviction in a rape case. in the indian setting, refusal to act on the testimony of a victim of sexual assault in the absence of corroboration, as a rule is adding insult to injury. why should the evidence ..... singh for 7 days and constantly raped her. she has vividly described the place where she was criminally assaulted. she has also vividly described the act of rape committed by the appellant on her. according to her, she was raped for about 10 to 15 times during her detention in the ..... has challenged his conviction under sections 366 and 376, indian penal code, recorded by the additional sessions judge, basoda, in sessions trial no. 42 of 1982, dated 23-3-1983. he has ' been sentenced to rigorous imprisonment for three years on each count; both the sentences to run concurrently.2. brief facts are that .....

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Jan 27 1986 (HC)

imratlal Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Jan-27-1986

Reported in : 1987CriLJ557

..... the tearing of the hymen and the injury on the orifice of vagina was due to forcible penetration of the male organ. she expressed her definite opinion that the victim was raped and that there was penetration of male organ. no doubt, she was subjected to cross-examination, but the ..... be accepted. there seems to be no reason to reject the testimony of the prosecutrix, which stands well corroborated by the first information report and the medical evidence.6. sri dwivedi, learned counsel for the appellant, further contended that, admittedly, there is an enmity between the faction of the father of ..... . the learned trial judge has failed in his duty in not imposing a deterrent punishment on the appellant for this lusty and dastardly perverted sexual act. unfortunately, the state itself has not challenged the sentence and, in such a circumstance, it would not be just and proper to issue a ..... the testimony of dr. (smt.) megha moghe (pw. 9), jugru (pw. 1), her father, and the first information report lodged with regard to the act.5. sri n. p. dwivedi, learned counsel for the appellant, has contended that bhabhuti (pw. 7), to whom the incident was immediately narrated by the ..... appellant, aggrieved by his conviction under section 376, penal code, recorded by the sessions judge, shivpuri, in session trial no. 54 of 1979, judgment dated 12-11-1979, has preferred this appeal. the appellant has been sentenced to undergo rigorous imprisonment for three years only.2. brief facts are that in village .....

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Jan 28 1986 (HC)

Dularibai and ors. Vs. Brij Mohan Khandelwal and ors.

Court : Madhya Pradesh

Decided on : Jan-28-1986

Reported in : 2(1986)ACC208

..... is not in the category of persons under section 1a of the said act.9. dulari bai (pw 1) stated that she is the widow of gajraj singh. in cross ..... 000/- was made as compensation. the claim was lodged on 10-10-79, when the limitation expired on 22-9-79. an application under section 5 of the limitation act for condonation of delay was also made by claimants.3. in their reply, the respondents submitted that the tractor is owned by respondent no. ..... tractor.8. another question to be seen is whether the appellants could file the claim in respect of death of gajraj singh. section 110-a of the motor vehicles act provides that an application for compensation may be made, where death has resulted from the accident by all or any of the legal ..... also fatal accidents act, if the claimants can demonstrate that they were dependent of the deceased. in this connection, my attention was drawn to shanker rao v. babulal fouzdar : air1980mp154 wherein it was held that a brother of a person met fatal accident could claim under section 2 of the fatal accidents act, if he ..... 2 to 4 are minors and have independent right to claim the claim made on their behalf cannot be held to be barred by limitation. the reason is that the claimant-widow cannot give a valid discharge under section 7 of the limitation act. it is well settled that section 6 of the limitation act is .....

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