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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Sorted by: old Year: 2009 Page 9 of about 1,346 results (0.236 seconds)

Mar 12 2009 (HC)

B-2 Computers Vs. State and ors.

Court : Jammu and Kashmir

Decided on : Mar-12-2009

..... industries central, kargil; chief education office kargil; tourism department kargil; handicraft department kargil; district hospital kargil; weights and measures department kargil; chief medical officer kargil and assistant labour department kargil also required computers but for purchase of computers tenders were not floated and in cruel disregard to the ..... was approached by filing of applications as also by making oral requests for taking decision in the matter.3. the petitioner further submits that principal degree college kargil floated tender for supply of computers and other connected accessories vide tender notice no. gdc-k/acctt- 12/333- 50 dated ..... to take a decision with regard to tender issued by way of annexure a by invoking article 226 of constitution of india read with section 103 of constitution of j&k.;b. writ of certiorari quashing supply orders issued in favour of respondent no. 6 in violation of ..... the constitutional court to pass appropriate orders and issue appropriate directions, as otherwise, it would tent-amount to placing premium on the un-constitutional acts of the respondents 7 to 14.25. this writ petition is accordingly disposed of with the following directions:a) the respondent no. 3, ..... relief which the hon'ble court deems fit and proper in the circumstances of the case be granted in favour of petitioner against respondent.2. briefly stated the case of petitioner is that he is an engineering graduate and as he could not secure government job, in order .....

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Mar 12 2009 (HC)

Sudesh Kumari and ors. Vs. Shivalik Hatcheries Pvt. Ltd. and ors.

Court : Himachal Pradesh

Decided on : Mar-12-2009

Reported in : (2009)IVLLJ805HP,2009(2)ShimLC1

..... accident.4. based on the pleadings of the parties, the commissioner framed the following issues:1. whether the deceased was a workman under the definition of the act and sustained injuries during discharging the duties? opa2. whether the deceased died due to the injuries sustained while discharging his duties? opa3. whether the ..... nature would not be presumed. no legal fiction therefore can be raised. as a person suffering from a heart disease may not be aware thereof, medical opinion therefore would be of re evance. each case, therefore, has to be considered on its own facts and no hard-and-fast rule can ..... being driven by the claimant took place on 14.4.1997 is evident from fir (ext.pw-1/a). that he sustained injuries and was medically treated is also evident from the various documents (mark a to mark g). the respondents had paid a sum of rs. 1,31,671/- to ..... of claimants' witnesses it is undoubtedly clear that shri kashmir singh being an employee of respondents no. 1 and 2 met with an accident on 12.4.1997. he was got medically treated from various institutions and after having fully recovered, was put on light duty and assigned light work. thereafter on ..... by the commissioner under the workmen's compensation act, nalagarh, district solan, in case no. 2/2002, titled as smt. sudesh kumari and ors. v. shivalik hatcheries pvt. ltd. and ors. whereby their application under section 21 of the workmen's compensation act, 1923 (for short, the act) stands dismissed. brief facts giving rise to .....

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Mar 12 2009 (HC)

New India Assurance Co. Ltd. by Its Manager Vs. Jegadeesh Reddy S/O Kr ...

Court : Karnataka

Decided on : Mar-12-2009

..... request to the claims tribunal and the insurer. in the instant case there is no such compliance of the provisions contained in sub-section (2) of section 158 of the m.v. act 1988.7. therefore, reading together the entire material on record, it is not a difficult proposition to draw the inference that the ..... driven by the claimant jagadeesh reddy himself and when he applied brake, he could not control, the vehicle fell down. he also referred to the medical records produced to show that the claimant was conscious when he was taken to the hospital for treatment, but in the complaint, the claimant has given ..... carefully to the facts and circumstances and merely because the charge - sheet is produced before the tribunal by the claimants, the tribunal could not have acted on the charge-sheet as if it is the gospel truth, when on a close examination of the materials on record, it is possible to draw ..... on the court and ensuring that the claimant gets the compensation from the insurance company.6. learned counsel also submitted that under the m.v. act there is a requirement to see that as soon as information regarding any accident is recorded or a report is drawn by the police officer, the ..... aggrieved by the liability being put. on the appellant by the tribunal while allowing the claim petition filed by the 1st respondent jagadeesh reddy.2. the tribunal awarded rs. 2,46,200/- as compensation to the 1st respondent in respect of the injury sustained by him in a road accident that occurred on 31 .....

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Mar 13 2009 (HC)

The University of Calicut Vs. the Director, Amala Institute of Medical ...

Court : Kerala

Decided on : Mar-13-2009

Reported in : 2009(1)KLJ820

..... of calicut and depute a team to inspect these two institutions for the purpose of approval under section 11(2) of the indian medical council act.vi) thereafter they shall proceed to exercise the statutory powers under the indian medical council act in the matter of recognizing the final degree, that is offered by these two affiliated colleges of the university of calicut it is only appropriate ..... and the decision of the syndicate thereon shall be placed before the senate.so, if there is any serious deficiency in the manner of running the college, the university can definitely take action against the college and disaffiliate it. going by the decisions of the apex court in similar cases, when the mci recommends for approval of the college to the ..... the said provision reads as follows:14. withdrawal or suspension of affiliation:--the syndicate shall have the power at any time after due enquiry to withdraw or suspend for a definite period the affiliation granted to a college, provided that before taking such action the syndicate shall inform the management of the college concerned of the findings after the enquiry and ..... respondent's college, it can ask the university to grant affiliation, instead of asking the university to consider the application for affiliation. if such an order is passed, that will definitely be within the four corners of the powers of this court under article 226 of the constitution of india. declaratory relief is also part of prerogative remedies, which is employed .....

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Mar 13 2009 (HC)

C.S. Radha Purnima D/O. C.Y. Sastry in Defence Laboratory School Vs. M ...

Court : Andhra Pradesh

Decided on : Mar-13-2009

Reported in : 2009(3)ALT112

..... of a division bench of the kerala high court in saseendran nair v. general manager 1997(1) crimes 177, wherein it was held that an offence under section 138 of the negotiable instruments act, 1881 does not normally involve moral turpitude. it is however to be noticed that the termination of the petitioner from service did not proceed on the petitioner ..... by its proceedings dated 11.04.1997 expressed dissatisfaction with the petitioner's explanation and held that she had suppressed facts regarding her being in jail and had given false medical certificates. the management opined that this action constituted gross misconduct and terminated the petitioner's services with effect from 10.05.1997 by invoking the powers contained in para ..... . therefore, the issue of the petitioner being acquitted and whether the offence involved moral turpitude has no relevance.13. the learned counsel further contended that even if article 311(2) of the constitution is held to be not applicable to the petitioner, the spirit thereof should be imported into the terms and conditions extracted supra. he submitted that articles ..... learned counsel for the petitioner contended that as the second respondent society was visiting the dire punishment of terminating the petitioner's services, the constitutional protection afforded by article 311(2) should be extended to her and that the action of the second respondent society in not conducting an enquiry before taking a decision against her vitiated the entire proceedings. .....

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Mar 13 2009 (HC)

Ketha Sujathamma W/O. Narasimha Reddy and ors. Vs. B. Rammurthy S/O. N ...

Court : Andhra Pradesh

Decided on : Mar-13-2009

Reported in : 2009(3)ALT747

..... consideration of the petitioners' documents and as such are vitiated. it is also contended that the ingredients of land grabbing as contemplated under the act by the definitions therein are not satisfied in this case inasmuch as the petitioners are in authorized possession of the property in pursuance of the patta granted ..... in the absence of any rebuttal evidence on the part of the petitioners herein.11. the hon'ble supreme court had an occasion to consider section 10 of the act and it would be apt to notice the relevant paragraphs of its decisions. in konda lakshmana bapuji v. govt. of a.p : [ ..... cast on the alleged land grabber. in view of the meaning of the words 'shall presume' in section 4 of the indian evidence act, the effect of raising presumption under section 10 of the act would be that unless the alleged land grabber disproves that the land has been grabbed by him, the ..... still it was a settled position of law before the 1976 amendment that the court, in an appropriate case could exercise its inherent jurisdiction under section 151 cpc to order a remand if such a remand was considered pre-eminently necessary ex debito justitiae, though not covered by any specific provision of ..... be incomplete without taking note of section 10 of the act which is a procedural provision and deals with burden of proof. a plain reading of this section would indicate that in any proceedings under this act - (i) where a land is alleged to have been grabbed; and (ii) such land is prima facie proved .....

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Mar 13 2009 (HC)

Shri Sidhi Vinayak Enterprises Vs. Commissioner of Customs and ors.

Court : Delhi

Decided on : Mar-13-2009

Reported in : 2009(243)ELT672(Del)

..... board of trustees of the port of bombay : 1998 (1) scc 142, the supreme court construed the definition of 'owner' in section 3(5) of the bombay port trust act and section 2(o) of the major port trust act to include a 'consignee'. there, the consignment had to be cleared from the warehouse of docks at the ..... by the show cause notice no. 23/60/2005 - dzu/pt. dated 17-11-2005, hence the same are released in terms of section 110(2) of the customs act, 1962.3. on 13th of december, 2005, dri issued the detention certificate to the following effect:to whomsoever it may concernit is to ..... , seized on 27-07-2005, for investigation were not covered by the show cause notice. accordingly those goods were released, in terms of section 110(2) of the customs act. the said letter of 9th december, 2005, inter alia reads as follows:subject: release of imported goods seized vide panchnama dated 27-07 ..... p(c) 17452- 53/2005 was filed before this court, seeking a direction for provisional release of the goods seized in june 2005, under section 18 of the customs act, 1962. when the writ petition was pending, a show cause notice was issued on 17-11-2005, by the dri to the petitioner. ..... by having to pay demurrage charges for the periods of such detention. the central government is empowered by section 35 of the international airports authority act, 1971 and section 111 of the major port trusts act, 1963 to issue to the authority and board of trustees, respectively, directions on questions of policy after giving .....

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Mar 16 2009 (HC)

Official Trustee Vs. Commissioner of Wealth Tax

Court : Mumbai

Decided on : Mar-16-2009

Reported in : (2009)227CTR(Bom)115; [2009]180TAXMAN595(Bom)

..... a document of a formal legal kind. semble, the word may include an act of parliament (see deed of settlement) so, in the trustee act, 1925 (15 geo. 5, c. 18) section 68(11) conveyancing act, 1881 (44 and 45 vict. c. 41) section 2(xii), 'instrument' includes deed, will, enclosure, award and act of parliament'. thus, an 'instrument' may include a statute enacted by parliament, if ..... is thus ample authority to hold that ordinarily a statute is not an instrument unless as in the case of conveyancing act of 1881, the definition includes it or as in the case of section 205(1)(viii) of the law of property act, 1925, the statute creates a settlement and such statute is for that reason treated as an instrument. it would not ..... find, generally speaking that an 'instrument' is a writing usually importing a document or a formal legal kind, but that it does not include acts of parliament unless there is a statutory definition to that effect in any act. and in the absence of authority we are not prepared to hold that an order of government delegating its powers to district magistrates is ..... or about in the year 1915, the 5th baronet in the line of sir jamsetjee jejeebhoy represented to the governor general in council that he had been advised by his medical officer to change his place of residence and that it was desirable not only in his own interest, but also in the interest of those who may succeed him in .....

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Mar 16 2009 (HC)

Punna Sujatha Vs. Smt. Musham Sakkubai and ors.

Court : Andhra Pradesh

Decided on : Mar-16-2009

Reported in : 2009(3)ALT431

..... been prepared.8. independently, the petitioner filed ex. b-1, age certificate of her third child, and ex. b-2, date of birth certificate of the said child, issued by the medical officer.9. the burden to prove, that the petitioner incurred disqualification under section 19(3) of the act, squarely rested upon the 1st respondent. that is evident from the mere reading of ..... order in the o.p.6. the only ground on which the election of the petitioner as a ward member was challenged was, that she incurred disqualification under section 19(3) of the act. the said provision attaches disqualification to a person, either from contesting for, or continuing in, an elected office, if he or she had more children, than two, as ..... perverse in nature, and contrary to record. when exs. a-2 and a-3 are so inconsistent on an important aspect, the tribunal was under obligation to take note of the same, and to choose one of them, as constituting the basis. if both the documents are taken into account, a definite finding becomes impossible. on her part, the petitioner adduced some ..... evidence, to prove that the date of birth of her third child is 09-01-1995. the correctness of that would have become relevant, if only a consistent picture emerged, on the basis of the evidence adduced on behalf of the 1st respondent. two documents, viz., exs. a-2 and .....

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Mar 16 2009 (HC)

State of Andhra Pradesh, Rep. by Its Secretary to Government, Roads an ...

Court : Andhra Pradesh

Decided on : Mar-16-2009

Reported in : 2009(3)ALT637

..... considering the application for condo nation of delay what counts is not the length of the delay, but the sufficiency of cause occurring in section 5 of the limitation act, 1963.10. let us now examine the reasons put forth by the applicants in their affidavit keeping in view the settled parameters reflected in ..... 3. more than three and a half months time was consumed in securing the certified copy, which was admittedly available in the office of applicant no. 2. thus, the applicants miserably failed to show sufficient cause in causing delay of 493 days in filing the writ appeal.15. regarding the second stage delay, ..... indeed, a perusal of the order of the learned single judge shows that as the applicants failed to file counter affidavit for nearly 9years, applicant nos.2 and 3 were summoned to appear before the learned single judge on 29.09.2004. it is only thereafter that a counter affidavit was filed in the ..... him to intimate the exact amount of compensation payable for the lands in question, that a copy of the said letter was also sent to applicant no. 2, that his office has sent reminder requests to the revenue divisional officer, anantapur on 13.12.2004,01.01.2005, 10.02.2005, 20.06. ..... he gave three reasons for the delay, namely; (i) that the delay of 493 days in filing the writ appeal occurred due to administrative reasons, (ii) that the applicants were pursuing the wrong remedy of seeking recalling of order dated 18.07.2006,instead of seeking revival of the writ appeal, and (iii) .....

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