Court : Allahabad
Decided on : Jan-08-1976
Reported in : 1976CriLJ1813
..... the prisoners of the ordinary class.10. counsel for the petitioner has drawn my attention to the definition of a 'criminal prisoner' and 'civil prisoner', as defined under the prisons act. under section 3(2) of the prisons act 'criminal prisoner' means any prisoner duly committed to custody under the writ, warrant or order ..... documents in connection with this preliminary objection, but, i am of the opinion that the alleged suppression, if any, is not of such a degree that it disentitles the petitioner to approach this court for an appropriate remedy. from a perusal of the application filed in the supreme court it ..... (iii) to permit the detenu at his own expense an allowance of rs. 200 per month; (iv) to permit the detenu all facilities for medical treatment by a physician or consultant of his own choice at his own expense; (v) to grant the detenu all the interviews including the additional interviews ..... government is satisfied that such an action is necessary authorising the passing of a detention order. neither the preamble to the act nor section 3 of the act can be taken as restrictive conditions which have to be kept in view while the appropriate government frames rules to regulate the ..... the object of cofeposa, 1974. it is therefore urged that the conditions of detention which have been placed upon the detenu are ultra vires section 5 of the cofeposa. the impugned conditions go beyond what is necessary for the preventive detention of the detenu. punitive conditions cannot be imposed .....Tag this Judgment!
Court : Chennai
Decided on : Feb-05-1976
Reported in : (1977)ILLJ132Mad
..... will be so also for the purposes of the trade unions act.2. section 2(j) defines 'industry'' as meaning 'any business, trade, undertaking, manufacture or calling of employers and includes any calling service, -employment, handicraft, or industrial occupation or avocation of workmen'. simple as the definition may at first sight appear, its scope has proved lobe one of complexity in ..... and other institutions in the country. the institute has been recognised by universities for training candidates for the post-graduate degrees in bacteriology and virology. the members of the central committee of the pasteur institute consist of heads of medical, public health, veterinary, public works department, senior administrative officers of the government of tamil nadu and others like awyers ..... like cholera, syphillis are also made in this institute. the institute runs a clinical laboratory and its purpose is stated to be to keep in touch with the medical profession in connection with its research programmes. it may thus be seen that the institute is basically a research centre. it seems to be a training centre as well ..... as gas and electricity, and with the services of banking and insurance, is an industrial one.(iii) certain occupations are never 'industrial'. they include the work done by medical practitioners, lawyers, the police force, people in armed services, apparently school teachers and scientists working as university employees.they point out that the nature of the employees' work or .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-12-1976
Reported in : (1977)IILLJ516Cal
..... of earning capacity. in other words, the finding of the commissioner is based on no evidence at all. section 4(1)(c)(ii) of the workmen's compensation act, 192) provides that subject to the provisions of the act the amount of compensation shall be where permanent partial disablement results from the injury-in the case of an ..... question of a loss of earning capacity arises and the loss or diminution of such capacity must obviously be established by evidence other than the medical evidence. the utmost a medical witness can give by way of a percentage is to give the percentage of the lots of the normal physical capacity or power. the loss ..... of work he had been accustomed to do and that physically he is still in a position to perform the same kind of work with an equal degree of efficiency arid yet it may be that because of the visible disfigurement, he is refused employment by every one so that his labour has become ..... the loss of a limb, the capacity of the affected workman to do the kind of work he was accustomed to do has not in the slightest degree been affected, nor has any difficulty arising in the way of his getting employment of the usual kind by reason of the injury. in such a case ..... . bhattacharya was examined. he had seen the patient on the 12th september, 1966. his evidence is :there is one irregular scar mark of 2 inches by 2 inches on the medical side of the left foot resulting from the skin-grafting of the lacerated injury. there is no evidence of any injury to the nerves and .....Tag this Judgment!
Court : Orissa
Decided on : Mar-02-1976
Reported in : AIR1976Ori181; 42(1976)CLT507
..... made from the municipal fund contrary to law where such illegal payment has been authorised by him while acting as a councillor. he also invited our attention to sub-section (2) of section 94 of the act which requires any councillor to call the attention of the chairman to any waste of council's property. ..... an assistant surgeon. he was not registered as a medical practitioner as required under section 15 of the indian medical councils act (ii) no prior sanction of the state government had been obtained for creating the post of second medical officer as required under section 73 of the orissa municipal act. (iii) the order of appointment in annexure ..... characteristics of the writ of quo warranto and the history of its development in england would appear from the leading case of the king v. speyer, (1916) 1 kb 595. lord reading c. j. pointed out that originally a writ of quo warranto was available only for use by the king against ..... m. s. m. diploma which had been recognised by government as equivalent to m. b. b. s. degree. the qualification prescribed in the advertisement (annexure a/3) was either a m. b. b. s. degree or a d. m. s. m. diploma. thus the requirement of the advertisement was satisfied. it appears from ..... the letter dated 13-11-1065 (annexure t/3) from the chairman of the n. a. c. to the director of health services that the post of medical officer under the state .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-22-1976
Reported in : AIR1976SC1404; (1976)IILLJ381SC; (1977)1SCC627; 3SCR769; 1976(8)LC376(SC)
..... post of a drugs inspector. it reads as follows:49 qualifications of inspectors. a person who is appointed an inspector under the act shall be person who-(a) has a degree in pharmacy or pharmaceutical chemistry or a post-graduate degree in chemistry with pharmaceutics as a special subject of a university recognised for this purple by the appointing authority or the associateship ..... appointed as inspectors and authorised under the preceding proviso:provided further that for the purposes of inspection of shops in any specified area officer of the medical or public health department who is a registered medical practitioner or a graduate in science may be appointed as an ex officio inspector.appellant do not fall within the class described in clause (a) ..... a university recognised for this purpose by the appointing authority and at least one year's post-graduate training in a laboratory under (i) a government analyst appointed under the act or (ii) a chemical examiner, or (iii) a fellow of the royal institute of chemistry of great britain (branch e), or (iv) the head of an institution specially approved for ..... the high court allowed the writ petition and quashed the appointments of the appellant, on the ground that they did not have the requisite qualification for appointment as drugs inspector.2. the government of bihar in its health department advertised through the bihar public service commission 12 vacancies of inspectors of drugs. twenty candidates applied for the posts out of whom .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-23-1976
Reported in : AIR1976SC2283; (1977)1SCC70; 3SCR832
..... government or any local authority; 9. the short question then is whether the appellant is qualified to be a councillor (which expression is rightly deemed to include president, vide section 2(7)). the disqualifying stain is stated to be that he held an office of profit under the state government. he did resign before the date of poll but after the ..... class, the primary responsibility for executing the project being shouldered by a statutory corporation created by section 3 of the act and the infra-structure for implementation is organised by the other provisions of chapter ii. a standing committee administers the affairs of the corporation. a medical benefit council is constituted by the central government to help in the discharge of the duties of ..... a complex of sources. but gurugobinda : 4scr311 and gurushanthappa : 3scr425 took the view that payment of remuneration not from public revenue is a neutral factor. is the degree of control by government decisive? the power to appoint direct and remove, to regulate and discipline, may be good indicia but not decisive, as pointed out in gurushanthappa. in our ..... with the rules framed under section 96 of the insurance act. in this connection, a closer link with the present situation is established by kanta : 2scr835 where an advocate, acting for government under the directions of the government pleader could be said to hold an office of profit. sikri j., (as he then was) adopted the classic definition of 'office' given by .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-30-1976
Reported in : AIR1976SC1836; 103ITR777(SC); (1976)3SCC378; 3SCR947; 1976(8)LC436(SC)
..... , each and every one of the objects must be charitable in order that the trust might be upheld as a valid charity. if no definite part of the property or of its income is allocated to charitable purposes and it would be open to the trustees to apply to the whole ..... religious of charitable institution derived from voluntary contributions and applicable solely to religious or charitable purposes.11. charitable purpose under section 4(3) of the act includes relief of the poor, education, medical relief and the advancement of any other object of general public utility, but nothing contained in clause (i) or ..... preparations. this court held that the trust property could not be said to be wholly for religious or charitable purposes within he meaning of section 4(3)(i) of the act. the present appeals are all of the type of east india industries (madras) private limited (1) case and fall within the ..... financial dealings of the various trusts is also the same.13. the appellant contends that the trust is entitled to claim' exemption under section 4(3)(i) of the act because the trust is for religious and. charitable purposes only. as to clauses which confer power on trustees to establish any business, ..... clause (ii) of section 4(3) applies and shall operate to exempt from the provisions of the act that put of the income from property held under a .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-12-1976
Reported in : (1978)80BOMLR384
..... her of having extra-marital relationships with her professional colleagues and others, we have power to grant the injunction under sections 18(1) and (2) and (2)(b) of the hindu adoptions and maintenance act.47. in the result, a decree in terms of the clause (c) of the prayer in the petition, ..... wife.44. the word 'maintenance' is not denned in the hindu marriage act. it is, however, denned in the hindu adoptions and maintenance act. under section 3(b) 'maintenance' includes-in all cases, provision for food, clothing, residence, education and medical attendance and treatment.45. whether the tenancy premises which are, as stated ..... respondent shall, while the applicant remains unmarried, pay to the applicant for her or his maintenance and support...43. under section 27 of that act-in any proceeding under this act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, ..... mental torture in april 1956. the petitioner had a miscarriage. the husband did not care to nurse her back to normality or to give any medical treatment, as he stated that he could not afford it. she had to go to the doctor to get the medicines etc. the attitude ..... the judgment and decree dated february 6, 1975, passed by a judge of the bombay city civil court, in her petition, under section 10 of the hindu marriage act, 1955, for a decree for judicial separation. in the petition, she had also prayed for an injunction restraining the husband and his servants .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-21-1976
..... subject an individual citizen to the risk of possible severe damage to his reputation simply to permit law students to invade individual privacy to prepare a law journal article. its definition of a "clearly unwarranted invasion of personal page 425 u. s. 385 privacy" as equated with "protect[ing] an individual's private affairs from unnecessary public scrutiny . . . ," s. ..... rights 'and the preservation of public rights to government information.'" id. at 269. to be sure, redaction cannot eliminate all risks of identifiability, as any human approximation risks some degree of imperfection, and the consequences of exposure of identity can admittedly be severe. but redaction is a familiar technique in other contexts, [ footnote 20 ] and exemptions to disclosure under ..... of the air force, has chosen not to disseminate the records, and its decision to that effect is being challenged by a citizen under the freedom of information act. that act, as both the court's opinion and the dissenting opinion of the chief justice point out, requires the federal courts to balance the claim of right of access ..... any of the exemptions set forth in subsection (b) of this section, and the burden is on the agency to sustain its action." " * * * *" "(b) this section does not apply to matters that are --" " * * * *" "(2) related solely to the internal personnel rules and practices of an agency;" " * * * *" "(6) personnel and medical files and similar files the disclosure of which would constitute a clearly .....Tag this Judgment!
Court : Chennai
Decided on : Apr-30-1976
Reported in : AIR1977Mad92
..... of such steps as a reasonable person would take. while dealing with the scope of the expression 'wilful neglect' occurring in section 2 of the married women's protection act, 1922, the high court of australia in cooper v. cooper, 65 clr 162 stated that the phrase connotes a deliberate and intentional ..... contends as follows: the surcharge order so far as it is against the ex-president and ex-vice-resident cannot be submitted under section 71 of the act. under section 71 a surcharge order could be passed against a person who is entrusted with the organisation and management of the society if he has ..... detention which was deliberate and for some purpose.10. the above decisions clearly indicate that the use of the phrase 'wilful negligence' in section 71 of the act is for the purpose of holding a person in management liable if he has caused loss to the society by his international and purposeful ..... directors, how far they are called upon to distrust and be on their guard against the possibility of fraud being committed, by their subordinate of every degree. it is obvious, if there is such a duty, it must render anything like an intelligent devolution of labour impossible. was mr. cory to ..... such child' are not satisfied by proof of some omission to provide medical aid. in reg. v. senior, 1899 1 qb 283 while dealing with the same expression 'wilfully neglects' occurring in section 1 of the prevention of cruelty to children act, 1894 lord russel, c. j. expressed that whether the words are .....Tag this Judgment!