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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Sorted by: recent Court: gujarat Year: 1963 Page 1 of about 17 results (0.029 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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Dec 10 1963 (HC)

Prahladbhai Sataramdas Vs. Ashabai Trikamji

Court : Gujarat

Decided on : Dec-10-1963

Reported in : (1964)5GLR417

..... not provide for an appeal against every order made by the court in proceedings under the act but that it provided for an appeal only against an order which fell within the definition of the word - decree under section 2(2) of the civil procedure code 1908 or which was an order against which an appeal was provided under that code. on this reasoning the learned judge ..... held that the order granting interim relief under section 24 was not appealable the division bench of court did not agree with this interpretation of section 28 of the act. first of ..... of a division bench of this court in kadia harilal purushottam v. kadia lilavati gokuldas reported in 2 gujarat law reporter 536. the question which the bench was called upon to decide was whether an order for payment of permanent alimony under section 25 of the act was appealable or not. one of the arguments which was advanced before the division bench in ..... . (i) the topic of enforceability and (ii) the topic of appealability. both these topics have been mentioned in relation to decrees and orders. decrees and orders the enforceability made or the appealability of which are mentioned are decrees and orders by the court in any proceeding under this act. as regards the first topic the section provides that decrees and orders shall be .....

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Nov 15 1963 (HC)

Ambica Mills Ltd. and ors. Vs. the State of Gujarat and anr.

Court : Gujarat

Decided on : Nov-15-1963

Reported in : (1964)0GLR446; [1964]15STC367(Guj)

..... the course of business or not being a business activity. 30. as regards the question of rebate, the relevant provisions are the definitions of 'sale price' and 'turnover' appearing in section 2(14) and 2(20) of the act. 'sale price' under section 2(14) means the amount payable by a dealer as valuable consideration for the sale of any goods, less any sum allowed as cash ..... society could not be said to be carrying on the business of selling or supplying goods, and, therefore, the society did not come within the definition of a 'dealer' in section 2(c) of the bombay sales tax act, 1946. the decision left open the question whether a profit-making motive is an essential ingredient in order that an activity could constitute business. in ..... .s. sadak thamby and co. v. the state of madras ([1963] 14 s.t.c. 753), where, dealing with the definition of a 'dealer' in section 2(g) of the madras general sales tax act, 1959, the learned judges stated that though the definition of 'dealer' would include a person who solely carries of the business of buying goods, such buying of goods must be ..... in the course of business, which means that the activity should be associated with a profit-making motive. 17. the test of volume and degree .....

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Oct 05 1963 (HC)

Baimanchha Wd/O. Nathurhai Bhagvanji and ors Vs. Sardar SajjadnashIn S ...

Court : Gujarat

Decided on : Oct-05-1963

Reported in : (1963)4GLR545

..... be accepted. the same result follows from the latest supreme court case also above referred to in ms. rukhmabai v. lala laxminarayan and ors. reported in : [1960]2scr253 that case definitely decides that a right to sue accrues when the right is effectively threatened or invaded. in the present case it is not merely a case of effective threat but it ..... . : [1960]2scr253 . the relevant observations are to be found at page 349 in this case it was urged that the right to sue had begun in 1916 1920 and 1929 when certain acts were committed. in 1916 a trust deed was executed in 1920 a house was erected on the suit site and in or about 1929 a suit was instituted in relation ..... the main point which requires determination in the appeals is whether the facts of the case are governed by section 23 of the indian limitation act. that section provides for two types of cases: (i) the case of a continuing breach of contract and (ii) the case of a continuing wrong independent of contract. we are concerned with the latter type of case. in ..... or jeopardizes the said right.examining the case in the light of these observations their lordships came to the conclusion that the cause of action of the trust deed in 1916 the construction of the house in 1920 and the institution of the suit in or about 1929 did not constitute such imminent threats as furnished a compulsory cause-of-action .....

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Sep 28 1963 (HC)

The Commissioner of Wealth-tax Vs. Dr. E.D. Anklesaria

Court : Gujarat

Decided on : Sep-28-1963

Reported in : AIR1964Guj240; (1964)0GLR1061; [1964]53ITR393(Guj)

..... the tribunal upholding this challenge is assailed before us.3. the question turns not so much upon the true interpretation as upon the application of section 2(e)(iv). that section is in the following terms :'2. in this act unless the context otherwise requires-- x x x x x x(e) 'assets' includes property of every description, movable or immovable, but does not ..... question is whether the annuity granted to the assessee by his deceased father by testamentary disposition is an annuity which. is exempt from computation of net wealth under section 2(e)(iv) of the act. dr. anklesaria the deceased father of the assessee died on 27th april 1954 having duly made testamentary disposition contained in three testamentary papers, one a will dated ..... the annuity could always be commuted into a lump sum grant by outsiders like insurance companies and that the annuity, therefore, did not come within the category specified in section 2(e)(iv). the assessee thereupon preferred an appeal to the tribunal. the tribunal rightly observed that the appellate assistant commissioner had completely fallen into an error in considering the ..... india, or scientific, technical or professional education in india or in foreign countries, or in obtaining any industrial training.(b) to provide help for poor zorostrian parsees by giving them medical help, food, clothes etc.(c) to provide help for parsee orphanages by giving scholarships or otherwise.(d) to provide help for the victims of any natural calamity such as .....

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Sep 03 1963 (HC)

The State Through Dhahybhaai Haribhai Vs. Bhikubhai Ranchhodji Desai a ...

Court : Gujarat

Decided on : Sep-03-1963

Reported in : (1964)GLR229

..... . in our judgment, this would be not interpreting clause (c), but entering into the realm of legislation. we do not find any such justification in clause (4) of sec.195 or the definition of the word 'offence' as the full bench found for extending the ambit of clause (c) aforesaid. in our judgment, the mere fact that one distinct offence happens to ..... bar and there is nothing in that particular clause which indicates that the bar would be removed the moment the proceedings terminate. though the learned judge has not expressed himself definitely as to the second object which he has mentioned in the last part of the above-quoted passage, in our judgment, there is considerable force in the view that one ..... court. in our judgment, the object which mr.vidhyarthi has propounded as the legislative object, cannot be accepted as the object which the legislature had to mind.(17) in air 1916 all 299, bhawani das v. emperor in which a division bench of the allahabad high court was called upon to construe the expression 'offence committed by a party' as used ..... in the proceedings. this document is a contract of sale by which respondent no. 2 agreed to sell survey no. 205 to respondent no. 3. this document was produced before the agricultural lands tribunal, navsari, in a proceedings under section 32g of the bombay tenancy and agricultural lands act, 1948. that proceedings terminated sometime thereafter. on 20th of june 1961, one dahyabhai haribhai .....

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Sep 03 1963 (HC)

Commissioner of Income-tax, Gujarat Vs. Rajmitra Bhailal AmIn Charitab ...

Court : Gujarat

Decided on : Sep-03-1963

Reported in : [1964]54ITR241(Guj)

..... : 'whether, on the facts and in the circumstances of the case, the assessee-trust is entitled to exemption under section 4(3)(i) of the indian income-tax act, 1922 ?' 6. the definition of what is a charity is one which is not a definition that it would receive in ordinary parlance. as has often been pointed out by courts, the expression charitable purpose ..... the expression 'charitable purpose' and it runs as follows : 'in this sub-section 'charitable purpose' includes relief of the poor, education, medical relief, and advancement of any other object of general public utility, but nothing contained in clause (i) or clause (ii) shall operate to exempt form the provisions of this act that part of the income from property held under a trust or ..... enactment is a term of art and for the purposes of income-tax it has to be given the meaning the act affords to it in the explanation to section 4(3) which explanation is an inclusive and not an exhaustive definition. section 4(3)(1) provides that : '4. (3) any income, profits or gains falling within the following clauses shall not be included ..... in the total income of the person receiving them : (1) subject to the provisions of clause (c) of sub-section (1) of section 16, any income derived from property held under trust .....

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Sep 03 1963 (HC)

The State Through Dhahyabhai Haribhai Vs. Bhikhubhai Ranchhodji Desai ...

Court : Gujarat

Decided on : Sep-03-1963

Reported in : 1965CriLJ428

..... following passage from the judgment on which, apparently, reliance was placed in fakir singh's case ilr 10 lah 442 : air 1928 lah 787 and which was definitely rejected therein:this reading of the section appears to us to involve no undue straining of the language and to give a more reasonable interpretation than is arrived at by the rival construction; for ..... produced, in our juryman, this would be not interpreting clause (c), but entering into the realm of legislation. we do not find any such justification in clause (4) of section 195 or the definition of the. word 'offence', as the full bench found for extending the ambit of clause (c) aforesaid. in our judgment, the mere fact that one distinct offence happens ..... court. in our judgment, the object which mr. vidhyarthi has propounded as the legislative object, cannot be accepted as the object which the legislature had in mind.17. in air 1916 all 299, bhawani das v. emperor in which a division bench of the allahabad high court was called upon to construe the expression 'offence committed by a party' as used ..... in the proceedings. this douching is a contract of sale by which respondent no. 2 agreed to sell survey no. 205 to respondent no. 3. this document was produced before the agricultural lands tribunal, navsari, in a proceeding under section 32g of the bombay tenancy and agricultural lands act, 1948. that proceeding terminated sometime thereafter. on 20th of june 1961, one dahyabhai haribhai .....

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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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