Court : Delhi
Decided on : Jan-16-2009
Reported in : 159(2009)DLT158
..... it may be useful at this stage to refer to the definition of ``maintenance'` as given in the hindu adoptions and maintenance act, 1956 (for short 'the act of 1956'). under section 3 of that act, ``maintenance'` includes-(i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment ; (ii) in the case of an unmarried daughter also the reasonable ..... and held that a court is empowered to pass interim and ad-interim orders of maintenance. it was held that the inclusive definition of the `maintenance' under the act would include food, clothing, residence, education, medical attendance and treatment. thus, as found above by the hon ble supreme court in the case of rajesh burmann (supra), that maintenance amounts ..... expenses of and incident to her marriage. i would, therefore, think that when we talk of maintenance and support, the definition of ``maintenance'` as given in the act of 1956 should be adopted. section 18 of the act of 1956 also refers to maintenance ..... or means of living; subsistence, sustenance, maintenance, or living. in a broad sense the term includes all such means of living as would enable one to live in the degree of comfort suitable and becoming to his station of life. it is said to include anything requisite to housing, feeding, clothing, health, proper recreation, vacation, traveling expense, or .....Tag this Judgment!
Court : Orissa
Decided on : Jan-19-2009
Reported in : 107(2009)CLT772
..... 41 of 2002. the said petition has been registered as rvwpet no. 71 of 2004. the present misc. case has been filed under section 5 read with section 14 of the limitation act praying to condone the delay in filing the review petition. according to the stamp reporter, there is a delay of 150 days. in ..... judgment was assailed by the insurance company in l.p.a. no. 41 of 2002. the division bench of this court after referring to the medical report and other evidences came to the conclusion that the claimant was able to walk and perform normal duties. he did not require assistance of any ..... leave petition no. 23158 of 2004, the petitioner has once again approached this court by filing a review petition under order 47, rule 1 read with section 114 of the code of civil procedure, inter alia, praying to review the judgment dated 24th may, 2004 passed by the division bench of this ..... of review petition would be an abuse of the process of the law.9. so far as application of section 14 of the limitation act is concerned, it would be prudent to refer to the said section, which reads as follows:14. exclusion of time of proceeding bona fide in court without jurisdiction.-(1) in ..... period spent in pursuing the special leave petition should be excluded.2. after receiving notice, opposite party-insurance company filed a counter affidavit repudiating the averments made in the misc. case and taking a positive stand that section 14 of the limitation act will not be applicable to a case where the matter was .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jan-20-2009
Reported in : 2009(4)MPHT202
..... of the gazette by the state of m.p. dated 19th june, 2003 whereby a medical practitioner having bams degree cannot use the allopathic medicine during the treatment of the patients.10. in view of the aforesaid discussion, prima facie charge under section 24 of the act is not made out against the applicant and therefore, the charge-sheet filed by the state ..... and unani procedure. the annexure p-8 is the gazette notification issued by the govt. of m.p. whereby the govt. of m.p. has authorised all the medical practitioners having bams degree; to use the allopathic medicines also to the extent that they get the necessary training during their bams course.8. thus, on perusal of the aforesaid documents specially ..... that the applicant-accused being the registered medical practitioner in ayurvedic medicine and surgery is having allopathic medicine in his clinic also ..... before the judicial magistrate first class, jaora registered as criminal case no. 1414/06 for the offence punishable under section 24 of the madhya pradesh ayurvigyan parishad adhiniyam, 1987 (hereinafter referred to as 'the act').2. brief facts of the case are that the medical officer posted at primary health centre, piplouda lodged the fir on 19-3-2006 at police station, piplouda .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-21-2009
Reported in : 2009(2)ALT488; (2009)IVLLJ96AP
..... standing counsel, appearing for the respondent corporation, submits that as the appellant herein has already attained the age of superannuation, the question of subjecting him for the second medical test and considering his case for reinstatement does not arise. the learned standing counsel further argued that the appellant has not approached this court immediately after his termination, as ..... noted that immediately after the termination under the impugned proceedings dated 27.02.1997, the appellant made a representation dated 01.03.1997 seriously questioning the report of the medical board apart fromother aspects. when the said representation of the appellant was rejected under the impugned proceedings of the respondent dated 27.02.1997, the appellant has approached ..... 12.01.1999, discharging him from service on medical grounds, as illegal and arbitrary, and consequently seeking a direction, directing the respondent corporation to reinstate him into service or extend the voluntary retirement scheme (hereinafter referred to ..... the respondent corporation. this is an appeal filed by the appellant against the order of the learned single judge in w.p. 1737/1999, dated 05.07.2005. 2. the said writ petition has been filed by the appellant herein seeking to issue a writ of mandamus, declaring the proceedings of the respondent corporation dated27.02.1997 and .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-22-2009
Reported in : 2009(2)KarLJ702
..... .12. with the risk of repetition, we extract the same as hereunder:.the state authorities should not hesitate to apply the provisions of the essential services maintenance act, 1994, if necessary by treating the medical services to the person in real need to be an essential service.13. it is well-settled law that the government servants have no right to go ..... the above direction, the matter is posted for further hearing today.8. we heard sri puttige ramesh, learned counsel for the petitioner in w.p. no. 14279 of 2008, sri section vasudeva, party-in-person, in writ petition no. 14285 of 2008; smt. niloufer akbar, learned additional government advocate for respondents 1 to 3; sri n. khetty, learned counsel for mci ..... accepted. the demands to that extent should be accepted immediately without loss of time to prevent an ugly situation. all unreasonable demands should be turned out with an iron hand.2. in case the interns were to strike work by abandoning their duties in the hospitals, their internship should get extended automatically by a total period equal to the period for ..... d. dinakaran, c.j.1. since common questions arise for consideration in both the cases, they are heard together and by consent, they are taken up for final disposal.2. these public interest litigations are filed seeking appropriate writ or direction to the state of karnataka to take immediate action to put an end to the strike by doctors working .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-22-2009
Reported in : 2009ACJ2818; 2009(2)ALT438
..... ) cpc does not make any difference in the interpretation of the term 'legal representative' for the purpose of 1988 act. learned tribunal has correctly applied the principle and therefore, no necessity arises for interference.8 ..... the act. shafiya (supra) is a case wherein this court held that a married sister would not be entitled to claim any compensation though she may be legal representative. the view of the division bench is binding on this court and in the considered opinion of this court, the definition of 'legal representative' in section 2(g) of the rules read with section 2(11 ..... would be maintainable, otherwise not.6. after repeal of 1939 act by 1988 act, central government made central motor vehicles rules, 1989. these rules also do not define 'legal representative' or 'dependent'. andhra pradesh motor vehicle rules, 1989 (the rules, for brevity) by rule 2(g) define 'legal representative' by reference to section 2(11) of the code of civil procedure, 1908. as per ..... whom the estate devolves on the death of the party so suing or sued. the decisions analyzed supra do not consider rule 2(g) of the rules. though the words of 'legal representative' used under section 110-a of 1939 act fell for consideration in those decisions. further in p. prabhavathi (supra) a division bench of this court applying the ratio in .....Tag this Judgment!
Court : Delhi
Decided on : Jan-23-2009
Reported in : 156(2009)DLT725
..... prohibition in terms of notification dated 06.12.1991 of the ministry of information & broadcasting in exercise of powers conferred under sub-section (2) of section 5b of the cinematograph act, 1952. thus, the board of film certification is to be guided by the various principles set out therein and it is ..... of producing or transmitting light, sound, smoke or gas. once again, there is really no doubt as to what this latter part of the definition seeks to include. however, it must be an 'advertisement' as understood in the common parlance with the mode and manner of dissemination being specified ..... to reflect real life positions where smoking exists. in certain persons and trades the habit of smoking is found to a greater degree. the undesirability of the act of smoking has nothing to do with the right of the director as an artist to express what he so desires. it ..... to influence specific attitudes towards objects of social value, to affect emotions either in gross or in microscopic proportions, to affect health in a minor degree through sleep disturbance, and the affect profoundly the patterns of conduct of children.' (see reader in public opinion and communication, second edition by bernard ..... . the movie cannot function in a free marketplace like the newspaper, magazine or advertisement. movie motivates thought and action and assures a high degree of attention and retention. it makes its impact simultaneously arousing the visual and aural senses. the behavior of an intense light on a screen .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-27-2009
Reported in : 2009(6)KarLJ538:2009(4)AIRKarR170(D.B)
..... during service is able to do any other job in the establishment as the said provision under rule 38(4) clearly provides that the medical authority should also certify as to whether the government servant is fit for further service of less labourious character than that which he provided lower ..... 1.8. the learned counsel for the writ petitioners submitted that the applicant-respondent 1 herein himself has made an application along with the medical certificate seeking for invalid pension and the order has been passed in compliance with rule 38 of the pension rules and the cat was not ..... dr. p. chowdappa, the then head-in-charge of the station. based on the said explanation the applicant's case was referred to the medical board, victoria hospital, bangalore and obtained opinion 'not fit to be continued in service' and vide office order dated 23-1-2007 the applicant ..... the cat being aggrieved by the order dated 23-1-2007 wherein the applicant was relieved from service granting disability pension on the ground of medical disability. respondent 1 herein was working as a security supervisor and he joined service on 5-12-1991 in the office of the second ..... 2)(a) of the pension rules.14. the material on record would clearly show that there is non-compliance with rule 38 of the pension rules. further, the provisions of persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (hereinafter called as the 'act of 1995') has also not been followed. section .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-27-2009
Reported in : 2009(2)ALT500
..... that the applicant cannot be required to give the reasons for requesting the information. the same is evident from sub-section (2) of section 6 of the act.15. the word 'information' is defined under clause (f) of section 2 of the act, which reads as under:section 2(f): 'information' means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders ..... in its fold, large variety of sources of information, including documents, e-mails, opinions, press releases, models and data material etc. the common feature of various categories, mentioned in the definition is that they exist in one form or the other and the pio has only to furnish the same, by way of a copy or description. in contrast, the reason ..... . a reply was given on02.11.2007 complying with the information on point no. 3 of the appeal and observing that rest of the items do not come under the definition of information. the petitioner approached the state information commissioner, the first respondent herein, by way of appeal. the appeal was dismissed through order, dated 09.01.2007.7. the petitioner ..... make amends?13. the third respondent issued a reply to this on 02.11.2007. copy of the rules framed under the act was furnished and as regards other items, it was observed that they do not fall within the definition of information. therefore, it needs to be seen as to whether there was any lapse on the part of the respondents .....Tag this Judgment!
Court : House of Lords
Decided on : Jan-28-2009
..... 3 in the convention system, for the court to retain a degree of flexibility to prevent expulsion in very exceptional cases, article 3 does not place an obligation on the contracting state to alleviate such disparities through the provision of free and ..... a search for a fair balance between the demands of the general interest of the community and the requirements of the protection of the individuals fundamental rights. advances in medical science, together with social and economic differences between countries, meant that the levels of treatment available there might vary considerably: while it is necessary, given the fundamental importance of article ..... manner of implementation of the measure in question. in para 93 however it added these words: the difference between deprivation of and restriction upon liberty is nonetheless merely one of degree or intensity, and not one of nature or substance. although the process of classification into one or other of these categories sometimes proves to be no easy task in that ..... liberty, it would have been justified under either of these paragraphs. 14. the united kingdom has not ratified article 2 of protocol 4, nor are the rights that it sets out among the convention rights within the meaning of the human rights act 1998. but it is convenient to set out its provisions here too, as it is mentioned in some of .....Tag this Judgment!