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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Sorted by: recent Court: kolkata Year: 1963 Page 1 of about 21 results (0.111 seconds)

Jul 19 1963 (HC)

Patent and Trade Mark Agencies Employees Union Vs. William Frederic De ...

Court : Kolkata

Decided on : Jul-19-1963

Reported in : AIR1964Cal80

..... people of bombay. the supreme court observed that though the words used in the definition clause of section 2(j) of the act were of very wide denotation'a line would have to be ..... . that is why on broad and general considerations which cannot be ignored, a liberal profession like that of an attorney must, we think, be deemed to be outside the definition of industry under section 2(j).' the supreme court incidentally referred to tha view taken with regard to solicitors by learned judges of this court in brij mohan bagaria v. n. c. chatterjee ..... the main question was whether a group of hospitals which served as a clinical training grounds for students of the grant medical college, a government college run and managed by the state of bombay for imparting medical sciences leading to the degrees of bachelor of medicine and bachelor of surgery of the bombay university as well as various post-graduates qualifications of the ..... said university were an industry within the meaning of the act. there was no dispute that the hospitals were managed for providing medical relief and promoting the health of the .....

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Apr 05 1963 (HC)

Commissioner of Income Tax Vs. Jogendra Nath Naskar and anr.

Court : Kolkata

Decided on : Apr-05-1963

Reported in : AIR1965Cal570

..... position regarding tax on hindu deity is not clarified even up to the present day.93. 'assessee' under section 2 of the act means a person. 'person' again is an inclusive definition like clause 3(42) of the general clauses act. there are six categories of assessees (section 3):(a) the individual;(b) the hindu undivided family;(c) the company:(d) the local authority;(e) ..... are generally ex-empted from liability to pay income-tax.' he quotes in that connection section 4(3) of the indian income-tax act, but points out that religious purpose is not defined in that section but charitable purpose is described as including relief of the poor, education, medical relief and the advancement of any other object of public utility. speaking on the ..... (i) or clause (ii) shall operate to exempt from the provisions of this act that part of the income from property held under a trust ..... the income applied or finally set apart for application thereto. there is at the end of this sub-section (3) of section i an attempt to define charitable purpose and it is provided there:'in this sub-section 'charitable purpose includes relief of the poor, education medical relief, and the advancement of any other object of general public utility, but nothing contained in clause .....

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Mar 11 1963 (HC)

Ram Kumar Agarwalla and Brothers Vs. Commissioner of Income-tax, Calcu ...

Court : Kolkata

Decided on : Mar-11-1963

Reported in : [1964]52ITR82(Cal)

..... ,000 out of rs. 6,00,000. it is needless for us to reiterate that the definition of business in section 2(4) of the income-tax act is not an exhaustive definition but it is an inclusive one in the widest possible terms as including 'any trade, commerce or manufacture or any adventure or concern ..... joint venture in consideration of their not competing with the rival group and could not be considered to be casual within the meaning of section 4(3)(vii) of the act.after the remand report the president on a consideration of all the facts came to the conclusion that the receipt was a revenue receipt ..... of rs. 1,75,000 was a non-recurring casual receipt exempt from tax under section 4(3)(vii) of the act or that it was in any way a capital receipt as distinct from a revenue receipt. the assessee appealed to the appellate tribunal. before ..... or the exercise of a profession, vocation or occupation', and was of a 'casual and non-recurring nature' within the meaning of section 4(3)(vii) of the income-tax act.both the income-tax officer as well as the appellate assistant commissioner rejected the claim of the assessee that the receipt of this sum ..... -tax reference under section 66(1) of the income-tax act the following questions have been aske :'1. whether there was any material on record for the president to give a finding to the effect that the contention of the assessee that it intended to buy the mills was without any basis whatsoever?2. was the receipt .....

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Dec 20 1963 (HC)

S.P. Ghose Vs. Deputy Controller, Reserve Bank of India

Court : Kolkata

Decided on : Dec-20-1963

Reported in : AIR1964Cal422,68CWN914

..... india from making any payment to, or for persons resident outside india, either directly or indirectly by crediting their account, whether in rupees or foreign currency. sub-section (2) of section 8 of the said act provides that no person shall, except with the general or special permission of the reserve bank or the written permission of a person authorised in this behalf by ..... point involved in this case is as to whether the petitioner is entitled to come within the scope of section 1 (i) or 2 (i) mentioned above. according to him, he comes under sub-section 2 (i), whereas according to the authorities he comes under section 1 (i). to put it still more succinctly, the petitioner claims to be a british national not domiciled in ..... exchange. it provides that except with the previous general or special permission of the reserve bank, no person other than an authorised dealer shall deal in foreign exchange. section 5 of the said act pats restrictions on payments. it inter alia provides that no person in india shall make any payment to any person resident outside india) save as may be provided ..... a domicil of choice. sir george jessel in doucet v. geoghegan, (1878) 9 ch. d. 441 at p. 456 said that an absolute definition was impossible. nevertheless, about a hundred years ago kindeisley v. c. propounded a definition which it is difficult to better :'that place is properly the domicil of a person in which he has voluntarily fixed the habitation of .....

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Sep 19 1963 (HC)

Commissioners for the Port of Calcutta Vs. General Trading Corporation ...

Court : Kolkata

Decided on : Sep-19-1963

Reported in : AIR1964Cal290,68CWN410

..... him. the learned judges further observed:'it cannot be denied that railway receipt is a document of title as will appear from the definition of the term in sale of goods act, section 2(4) and enables the person mentioned as consignee to give a valid discharge with respect to the goods to which it relates. ..... council in 43 ind app 164 : (air 1916 pc 7), and is, therefore, only this that railway receipt and other documents mentioned in section 2(4) of the sale of goods act are assimilated to bills of lading. for the purpose of sections 103 and 178 of the indian contract act. except for this limited extent these documents ..... many a legal battle in england. but the dusts of controversy seem to have settled long ago and one can now trace the course with a reasonable degree of certainty.57. when goods are sold they are not always in the possession of the vendor; they are often in the possession of a third ..... a judgment of the privy council. i find it utterly impossible to agree with tambe, j. when he says that in 43 ind app 164: (air 1916 pc 7) their lordships of the privy council have 'held that the legislature in india intended to assimilate other documents of title to bills of lading, which ..... no right of stoppage in transitu because the endorsees were entitled to the benefit of section 103 of the contract act against the unpaid vendor. on appeal to the privy council, this decision was upheld in 43 ind app 164 : (air 1916 pc 7). i have already dealt with the judgment of the privy council in .....

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Sep 19 1963 (HC)

Calcutta Credit Corpn. Ltd. and anr. Vs. His Royal Highness Prince Pet ...

Court : Kolkata

Decided on : Sep-19-1963

Reported in : AIR1964Cal374,68CWN554

..... evidence relating to his purchase and his oral evidence, read with his plaint, is not so firm as to enable ths court to come to a definite assessment of the value of the car which has been burnt. but it is the defendants who have saved the plaintiff being thrown overboard. relying in ..... is required to perform that work and he must conduct himself in a skilful manner (philips v. william, (1938) 1 all e r 566).37. a special degree of care is thus required of doctors and other professional men, manufacturers, innkeepers, store-keepers, (1895 a c 632, ibid), carriers, motor-car drivers [daly v. ..... (1) and a (2), it is clear that the garage undertook to do the entire work, as ordered for by the respondent in his letter, ext.. a (5), and also undertookto return the car to the respondent or completion of that work. if so, the definition of bailment in section 148 of the contract act is attracted, and the ..... of the man concerned (glasgow corpn, v. muir, 1943 ac 448 at p. 457).35. the degree of care required varies with the degree of risk involved in the operations in which the person is engaged. 'the more dangerous the act the greater is the care that must be taken in performing; if (read v. lyons and co ..... . ltd, (1946) 2 all e r 471 at p. 476).36. analogous to the above is .....

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Sep 04 1963 (HC)

Sugan Chand Suraogi Vs. the Commissioner of Income-tax, Calcutta and a ...

Court : Kolkata

Decided on : Sep-04-1963

Reported in : AIR1964Cal399,68CWN84,[1964]53ITR717(Cal)

..... that the order passed under sub-section (2) will be judicial or quasi-judicial simply because the assessee may by an application ask the commissioner to revise an order passed by his subordinate. even under the old section 33 a practice grew up under which the commissioner was invited to act under that section and where this occurred, a certain degree of formality had to be ..... the bottom of the distinction, we must go a little deeper into the content of the expression 'duty to act judicially'. as has been repeated so often, the question may arise in widely different circustances and a precise, clear-cut or exhaustive definition of the expression is not possible. but in decisions dealing with the question several tests have been laid down ..... , for example- (i) whether is a lis inter partes; (ii) whether there is a claim (or the proposition and an opposition); (iii) whether the decision is ..... by s. k. das, j. are clearly not applicable to a decision to be made by the commissioner under sub-section (2) of section 33a of the indian income-tax act. in our opinion the commissioner under sub-section (2) of section 33a of the income-tax act is only to consider the question of policy and expediency and at no stage has before him any form of .....

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Aug 22 1963 (HC)

Raghu Nandan Neotia Vs. Swadeshi Cloth Dealers Ltd. and ors.

Court : Kolkata

Decided on : Aug-22-1963

Reported in : AIR1964Cal247,68CWN302

..... assailed are set oat in paragraph 15 of the plaint. the grounds are first that by reason of the provisions of the companies act and particularly sections 166, 186, 210, 211 and 217 and the provisions in schedule vi, part ii, clause 3 (xiv) no dividend can or could be declared excepting at an annual general meeting; secondly, according to the true construction ..... ordinary meeting which declares dividend. 29. in the new central jute mills co. ltd., 64 cal wn 970 i held that sections 166, 186, 210, 211, 217 and the provisions in schedule vi part ii clause 3 (xiv) of the act indicate that the declaration of dividend is a business of the annual general meeting. counsel for the plaintiff contended that there is ..... the balance sheet and the second part contains requirements as to profit and loss accounts. part ii of schedule vi consists of 8 clauses whereof clause iii is important. 23. another section of the act which is important for the purpose of the present case is section 205. section 205 relates to dividend. it enacts that no dividend shall be declared or paid by a ..... company for any financial year except out of the profits of the company for that year arrived at after providing for depreciation in accordance with the provisions of sub-section (2 .....

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Aug 14 1963 (HC)

Bengal Motion Pictures Employees Union, Calcutta Vs. Kohinoor Pictures ...

Court : Kolkata

Decided on : Aug-14-1963

Reported in : AIR1964Cal519,(1965)ILLJ387Cal

..... made to the judgment of the supreme court in : (1961)iillj663sc , where it was pointed out that'the significance of the definition contained in section 2(h) of the act lies in the fact that the rate of wages may be increased but no change can be made in the other terms of the ..... does not include inter alia, the value of any house accommodation, supply of light, water medical attendance or any other amenity or any service excluded by general or special order of the appropriate government under section 2(i) 'employee' means any person who is employed for hire or reward to do any work ..... does not include-(i) the value of-(a) any house-accommodation, supply of light, water, medical attendance, or(b) any other amenity or any service excluded by general or special order of the appropriate) government. section 2(i) defines an- employee as follows:'employee means any person who is employed for hire, reward ..... subsistence of life but for the preservation of the efficiency of the worker, and so it must also provide for some measure of education, medical requirements and amenities' and said 'the concept about the components of the minimum wage thus enunciated by the committee has been generally accepted by industrial ..... fn mofussil towns and other areas. again it is possibla that the necessities of employees working in mofussil areas or in unhealthy localities for medical expenses may be greater than in towns like calcutta or the cost of living in populous town is greater than in mofussil areas or in .....

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Jul 05 1963 (HC)

Brahmo Samaj Educational Society and ors. Vs. West Bengal College Empl ...

Court : Kolkata

Decided on : Jul-05-1963

Reported in : AIR1964Cal48,67CWN878,[1963(7)FLR357]

..... with the argument that section 2(j) of the industrial disputes act defined the word 'industry' as a word of wide import and it would be necessary to read the word in' its widest denotation. mr. sanyal argued that any attempt at putting any artificial restraint on the word 'industry' would he unjustifiable and would defeat the purpose of the definition. in support of ..... physical, intellectual, moral and emotional development. to speak of this educational process in terms of industry sounds so completely incongruous that one is not surprised that the act has deliberately so defined workmen under section 2(f) as to exclude teachers from its scope.' 28. the work of imparting education is carried on with the assistance and co-operation of teachers. in the ..... a college and f. aclasses were opened in the year 1881 and b.aclasses in the year 1884. thus within a comparatively short period the institution developed intoa full-fledged degree college. the late anandamohan bose, as founder of the institution, madeover the college building to a body of trustees inthe year 1899 and subsequently, in the year 1905,the college ..... of trustees for the college. 10. in matter no. 19 of 1962 the petitioner is asutosh college a society registered under the societies registration act. the college, originally known as south suburban college came into existence in 1916, at the initiative taken by the general committee of south suburban school, which was itself a society, for imparting education to young-men in .....

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