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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Sorted by: recent Court: kolkata Year: 1976 Page 1 of about 16 results (0.063 seconds)

Sep 16 1976 (HC)

Samar Roy Chowdhury Vs. Sm. Snigdha Roy Chowdhury

Court : Kolkata

Decided on : Sep-16-1976

Reported in : AIR1977Cal213

..... court, the marriage law of 1976 was enacted. the marriage laws (amendment) act of 1976 amended section 12(1)(a) of the hindu marriage act by section 6 of act 68 of 1976. section 12(1)(a) was amended by section 6 (1) (a) of the new act and for clause (a) the following clause was substituted.'(a) that the ..... is not necessarily affected. it will be further found that in the said case the division bench of this court considered the effect of section 56 of the contract act in the matter of marriage contract. in the said case it has been stated in respect of the impotency vis-a-vis disease as ..... intromissio, that is, of erection and penetration by the male of the woman. full and complete penetration is an essential ingredient of ordinary and complete intercourse. the degree of sexual satisfaction obtained by the parties is irrelevant. in the case reported in : [1970]1scr559 , (digvijay singh v. pratap kumari) it has been ..... the appeal and both of them agreed that no further opportunity need be given for the disposal of the case as envisaged in section 39 of the marriage laws (amendment) act, 1976.7. mr. mukherjee on behalf of the appellant contended that there was no consummation of marriage and that on the date ..... a practical impossibility due to the incapacity of the wife being impotent, we are to consider the medical evidence adduced in this case. on behalf of the respondent two doctors were examined, d. ws. 1 and 2 and p. w. 1 the other doctor who deposed, was appointed by the court on an .....

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Feb 12 1976 (HC)

Bengal Coal Co. Vs. Shahed Miah

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 .....

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Dec 03 1976 (HC)

income-tax Officer, 'i' Ward and Ors. Vs. B.N. Bhattacharya

Court : Kolkata

Decided on : Dec-03-1976

Reported in : 81CWN351,[1978]112ITR423(Cal)

..... application that the said notices had not been served upon the respondent. for the assessment years 1952-53 and 1954-55, the notices under section 34(l)(a) of the act were served by registered post on 5th april, 1961, and on 25th january, 1961, respectively. in view of the fact that such ..... aforesaid years.4. before us, in this appeal the propriety of that conclusion of the learned trial judge is under challenge. under section 63(1) of the indian income-tax act, 1922, notices are required to be served as if these were summons issued by a court under the code of civil procedure. we ..... served. reliance in this connection was placed on the observations of this court in the case of kassim ebrahim saleji v. johurmull khemka [1916] 20 cwn 173; air 1916 cal 181 (2) and jhabarmull dudhwalla v. bhagatram serowgie [1947] 51 cwn 189. whether in a particular case there were proper and substantial efforts or ..... 27, of the code of civil procedure. reliance was also placed on the decision of this court in debi charan lal v. sheik mehdi hussain [1916] 20 cwn 1303; air 1916 cal 317, municipal corporation of greater bombay v. lala pancham, : [1965]1scr542 and shanbaggakannu v. muthu bhattar, : air1971sc2468 . but as was observed ..... in the writ application out of which this appeal arises were the notices under section 34(1)(a) of the indian income-tax act, 1922, for the assessment years 1940-41 to 1950-51, 1952-53 and 1953-54.2. it is the case of the revenue that the petitioner-respondent was assessed to .....

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Nov 09 1976 (HC)

The India Jute Company Ltd. Vs. the Regional Director, West Bengal, Re ...

Court : Kolkata

Decided on : Nov-09-1976

Reported in : AIR1977Cal258,81CWN459,[1977(34)FLR278]

..... the petitioner. but it cannot be ignored that section 38 is made subject to the provisions of the act. section 2 containing the definition is also a provision of the act. the words 'employees' and 'factory' occurring in section 38 of the act must be understood in the light of their definitions in section 2(9) and section 2(12) of the act. considerable stress was laid by the learned counsel ..... fin the ground that the words used in section 38 are not 'all ..... counsel if these conditions are fulfilled, it does not matter where the employee concerned is working. he has urged that by amending the definition of 'employee' in section 2(9) in 1966, the operation of the act has not been extended to those who are not attached to the factory premises at all. prior to the amendment the employees actually working ..... are doing it to circumvent the provisions of section 1(5) of the act. mr. mukherjee has referred to chapter v of the act on the benefits that the employees would derive if they come within the act, e. g. sickness, maternity, disablement, medical and funeral benefits. under section 59-a there are provisions for medical benefit by the corporation in lieu of the state .....

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Nov 09 1976 (HC)

Sen-Raleigh Ltd. Vs. Employees' State Insurance Corporation and Ors.

Court : Kolkata

Decided on : Nov-09-1976

Reported in : AIR1977Cal165,[1977(34)FLR292]

..... the regional director, calcutta, wrote to messrs. sen-raleigh and co. ltd., kannyapur, post office asansol, burdwan, inter alia, as follows:--'that as per definition of the term 'employee' laid down in section 2 (9) of the e. s. i. (amendment) act, 1968 the employees of your head office situated at mercantile building, calcutta-1, are also now covered within the meaning of ..... contributions' and 'benefits' except as hereinbefore stated, became applicable to the employees of sen-raleigh ltd. working in its head office in calcutta who were covered by the amended definition in section 2 (9).10. on the 3rd september, 1968, the regional director, calcutta, again wrote to sen-raleigh and co. ltd. as follows:--'it has been reported by this office ..... the relevant portions of this notice. it seems to us that this is a valid notice in view of the amended definition of section 2 (9) and the various notifications referred to above which brought into operation different chapters of the act in different areas in india.15. the result is that this application is dismissed. all interim orders, if any, ..... this shows that on the 1st september, 1948, chapters i, ii, iii and viii of the act became applicable to all factories throughout india irrespective of location. the headings of these chapters respectively are (a) preliminary, (b) corporation, standing committee, and medical benefit council (c) finance and audit and (d) miscellaneous. sections 44 and 45 (employers to furnish returns etc; inspectors their .....

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Sep 13 1976 (HC)

State Vs. Prakash Ch. De and anr.

Court : Kolkata

Decided on : Sep-13-1976

Reported in : 1977CriLJ863

..... framed by the high court under claule 37 of the letters patent the same will apply to article 117 of the limitation act but that decision flowed from section 29(2) of the limitation act, 1963, according to which, where special law prescribes any period of limitation in an appeal the same shall apply to ..... numerous cases to some of which our attention was drawn by mr. chowdhury, learned counsel on behalf of the state. even to go by the definition given in the civil procedure code 'order' is a formal expression of a decision of a civil court which is not a decree. individually decree itself is ..... prosecution case in detail. the unsatisfactory state of some of the entries in the general diary of the police station and the earliest records at the medical college along' with other relevant circumstances make the defence case plausible viz., that the time of occurrence might have been much earlier than 9.00 ..... stage on the 2nd trial the prosecution brought it before the court, (viii) dr. mahapatra, dr. chowdhury or the nurses or anybody else from the medical college has not identified either samir or arun being present at the emergency; (ix) while it is admitted that neither arun nor samir went upstairs yet ..... kanai dutt, s.i. of jorasanko p.s. and some officers from amherst p.s. arrived at the place of occurrence and went to the medical college hospital. the investigation was taken up by s.i., kanai dutt who recorded the statement of five eye-witnesses and some other persons. according .....

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Sep 12 1976 (HC)

Subir Ghosh Vs. Indian Iron and Steel Co.

Court : Kolkata

Decided on : Sep-12-1976

Reported in : (1977)IILLJ120Cal

..... arjun singh bhajan singh. 1929 p.c. 179, where lord atkin in delivering the judgment of the judicial committee observed:the effect of the contract act, 1872, section 74 is to disentitle the plaintiff to recover simplicitor the sum of rs. 10,000 whether as penalty or liquidated damages: the plaintiffs must prove the ..... the agreement and has stated that the claim of rs. 500 per month which represents rs. 400 paid as remuneration and rs. 100 toward free medical benefits and hostel facilitiesection such being the position, it cannot unequivocally be said that the plaintiff/respondent had neither pleaded damages sustained by it nor proved ..... our opinion no great emphasis can be laid on use of the term 'penalty' in the said clause. as a matter of fact, in clause 2 of the agreement the amount so payable is described as premium so that it is quite apparent that the parties were using these terms rather loosely. in ..... j969, passed in money suit no. 161 of 1967. this appeal has been argued on two questions of law, facts not being very much in dispute,2. the appellant was recruited as an officer trainee by the respondent-company under its first staff assistant scheme for training. he was so recruited on an ..... may be liable under any of their provisions contained in this agreement and in the bond referred to in clause 2 hereof.'3. simultaneously, (he appellant executed a bond as envisaged by clause 2 of the agreement, as aforesaid, and since it is necessary to refer to the actual terms of the bond .....

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Sep 03 1976 (HC)

Raipada Pramanik Vs. the State of West Bengal

Court : Kolkata

Decided on : Sep-03-1976

Reported in : AIR1977Cal7

..... and to produce it before the court below. the file wherein the said order is kept is lying under the custody and control of the defendant respondent. section 106 of the indian evidence act, 1872 (act 1 of 1872) clearly enjoins that when any fact is specially within the knowledge of any person the burden of proving that fact is upon him. the ..... as attributable to military service without any consultation with the ministry of pensions. on the faith of that assurance the claimant did not take any further steps to obtain independent medical opinion. the question was whether this assurance as contained in the letter of war office was binding on the ministerof pensions. it was held that his claim to attributability would ..... , army, air force and auxiliary services) transfer of power order, 1939 (made under the pensions (navy, army, air force and mercantile marine) act, 1939, section 1) the entire administration of disablement claims in respect of military service after september 2, 1939, was transferred to the minister of pensions. mr. robertson being injured in an accident while on military service was examined by a ..... medical board and was found unfit for general service and he- was graded in category b. he wrote to the war office requesting to .....

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Aug 18 1976 (HC)

Kamal Krishna De Vs. State and anr.

Court : Kolkata

Decided on : Aug-18-1976

Reported in : 1977CriLJ1492

..... and to enable him to prepare tor his defence. on account of non-examination of all the witnesses as contemplated by the proviso to sub-section (2) of s. 202, the accused has been deprived of the statutory right to get adequate information about the charge against him and to prepare his ..... condition precedent to the issue of process. this raises the question whether the learned magistrate has complied with the provisions of section 202 cr. p. c. the proviso to sub-section (2) of section 202 cr. p. c. enjoins that a magistrate who has taken cognizance of an offence triable exclusively by a ..... : 1969crilj4 that the old sub-section (2) had not the effect of limiting sub-section (1) and it does not mean that until a successor is determined under sub-section (2) there is no succession for the purpose of sub-section (1) are quite applicable with section 35 of the new act. there is no bar on the ..... part of a sub-divisional judicial magistrate by virtue of section 35(1) cr. p. c. to transfer ..... inquiry has been abolished, a special procedure has been provided in section 202 cr. p. c. which serves the purpose of preliminary inquiry as was contemplated by the old act. the examination of the witnesses as contemplated by the proviso to section 202(2) must be done before process is issued. in the petition .....

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Jul 21 1976 (HC)

State of West Bengal Vs. Mir Fakir Mohammad

Court : Kolkata

Decided on : Jul-21-1976

Reported in : AIR1977Cal29

..... entitled to retain non-agricultural land in his khas possession under certain circumstances mentioned therein. 6. in this connexion we should note the definitions of agricultural land and non-agricultural land. in clause (b) of section 2 of the act 'agriculturalland' is defined in the following language :-- '(b) 'agricultural land' means land ordinarily used for purposes of agriculture or ..... in the income-tax act. in paragraph 10 of the judgment we find : 'the terms 'agriculture' and 'agricultural purpose' ..... [1957]32itr466(sc) . although that case relates to the income-tax act, yet that decision is instructive in the sense that there has been a long discourse upon the terms 'agriculture' and 'agricultural purpose' used in the definition of 'agricultural income' in section 2(1) of the income-tax act. there the said two terms 'agriculture' and 'agricultural purpose' werenot defined ..... for the time being.' in clause (j) of section 2 we get : '(j) 'non-agricultural land' means land other than agricultural land or other than land comprised in a forest.' according to mr. pal, the suit lands are all agricultural lands because according to the definition of the act any land used for purposes of agriculture or horticulture will .....

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