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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Sorted by: recent Court: kolkata Year: 1986 Page 1 of about 14 results (0.058 seconds)

Dec 19 1986 (HC)

Dulal Nayek Vs. State of W.B.

Court : Kolkata

Decided on : Dec-19-1986

Reported in : (1987)0CALLT29(HC)

..... state, : 1973crilj1783 it must be held, therefore, that no prejudice was caused to the appellant even though, the medical evidence was not specifically brought to his notice during his examination under section 313 cr.p.c.it is also urged by the learned advocate that had the appellant intended to kill his wife he ..... situation where 'sufficient to cause death'. we do not see any reasons, therefore, to alter the conviction in this case to one under section 304 part ii of the penal code as suggested by the learned advocate for the appellant.the learned advocate also points out that the opinion of the doctor ..... apparao v. orissa, 1983, crl.l.j. 953 the learned advocate argues that at worst the appellant could be convicted under section 304, part-ii of the indian penal code and never under section 302 of the said code.we do not find any great merit in this argument also. it appears from the evidence of s ..... a culpable homicide a murder if death has actually been caused and intention to cause such injury or injuries is to be presumed from the act or acts resulting in the injury or injuries. in the present case injuries caused by the appellant were sufficient to cause death and his intention to cause ..... the materials on record also do not raise any doubt as regards any of the ingredients of the offence. the statement of lakshmi (p.w.2) under section 364 cr.p.c. cannot be treated as substantive evidence for reasons given by the learned sessions judge. insanity also cannot be presumed from only .....

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Aug 19 1986 (HC)

The Manager, Government of India Forms Stores Vs. Assistant Commission ...

Court : Kolkata

Decided on : Aug-19-1986

Reported in : [1987]67STC93(Cal)

..... , government of india forms stores, being a department of the government of india, be regarded as a 'person' within the meaning of the definition clause of the term 'dealer' under section 2(b) of the central sales tax act ?q. 2. can the transactions of supply of forms by the assessee to the various departments and undertakings of the government during the material period on ..... it was carrying on business as a dealer in the state. learned advocate submitted that this fact distinguished the present case from the case before the supreme court in government medical store depot air 1985 sc 1748.19. learned advocate submitted further that in the instant case the tax authorities had sufficiently investigated the matter and had called upon the assessee ..... . learned advocate referred to an official publication, named 'introduction to indian government accounts and audits'.14. learned advocate next submitted that the decision of the assam high court in government medical store depot (civil rule no. 460 of 1969 decided on 26th june, 1973-gauhati high court) on the basis of which the tribunal passed its order had been since reversed ..... intended to make some amount of profit or gain out of the transactions. the tribunal came to this conclusion following a decision of the assam (gauhati) high court in government medical store depot v. superintendent of taxes, gauhati (civil rule no. 460 of 1969 decided on 26th june, 1973-gauhati high court), where the facts were almost identical. the tribunal also .....

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Apr 08 1986 (HC)

West Bengal State Govt. Homoeopathic Officers' Association and Ors. Vs ...

Court : Kolkata

Decided on : Apr-08-1986

Reported in : (1987)ILLJ175Cal

..... to annexure 'b' to the affidavit-in-reply dated april 3, 1984, at page 23. the said annexure relates to the appointment of certain allopathic medical officers by the state on ad-hoc basis (vide paragraphs 3 and 7 of the annexure). it show's that the said officers we given a ..... controverted this stand of the respondents on different grounds.11. his first contention was that it was discriminatory since it is not only other ad-hoc medical officers who have been given regular scales; such scales have also been given to employees much inferior in rank and status.12. the second contention of ..... a well-settled principle and is implicit in article 14 of the constitution. and since the petitioners are rendering service of identical value as the regularised homoeopathic medical officers, who have been given a scale of pay, at least the said scale cannot be denied to the petitioners.6. mr. mukherjee, the learned ..... on fixed emoluments.7. coming now to the rival contentions of the parties, it is not disputed that the petitioners nos. 2 to 14 who are qualified homoeopaths, joined as homoeopathic medical officers in the department of health and family welfare, government of west bengal on ad-hoc basis as far back in ..... drivers belonged to different departments and that the principle of 'equal pay for equal work' is not a principle which the courts may recognize and act upon, the supreme court held that there was no reason for giving the drivers of the delhi police force a lower scale of pay than others .....

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Sep 10 1986 (HC)

Dr. P. Chattopadhyay Vs. the Institute of Cost and Works Accountants o ...

Court : Kolkata

Decided on : Sep-10-1986

Reported in : (1987)0CALLT179(HC)

..... judge failed to appreciate that the said institute, on the face of the records, was a statutory body within the meaning of section 2(f) of the said act and section 39(2)(a) confer powers on the council of the same to provide for regulations relating to the terms of office, its powers, duties ..... taking into account the actual facts, which established that the writ petitioner was an employee of the statutory body within the meaning of section 2(f) of the said act there was certainly a statutory relationship which could have been established by taking recourse to a writ proceedings. he further contended that the ..... the said institute or the council of the same had the authority to review, even though the said power of review has not been indicated definitely in the provisions of the statute and the regulations as mentioned hereinbefore.42. in reply and while on the question of delegation on the validity ..... 1964, after successful completion of the necessary course. the appellant has also given the particulars as to how and when he got his ph.d. degree in management from delhi university in 1965 and has stated that before joining the services of the said institute, he held important position as a ..... for the year 1975-76, in recognition of his distinguished career as an accounting scholar. he has also stated to have received his m.a. degree in commerce from the university of calcutta in 1952 and thereafter, he got himself associated as a research officer to the special committee for commerce .....

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Sep 09 1986 (HC)

Indian Rayon Corporation and Etc. Vs. Collector of Customs

Court : Kolkata

Decided on : Sep-09-1986

Reported in : AIR1988Cal228,1987(13)ECC83,1987(27)ELT626(Cal)

..... advanced on behalf of the petitioners, it was contended by mr. roy chowdhury, the learned counsel representing the respondents, that since in view of the definition of 'imported goods' as given in section 2(25) of the customs act, goods brought into india from a place outside india continue to be imported goods till their clearance for home consumption, it would be wrong to ..... refers to levy of duty on goods imported without any reservation and without in any way trying to restrict or limit the scope of the definition of imported goods as given in section 2(25) of the customs act.28. there appears to be no warrant for the proposition that the situation relating to levy of duty prevailing at the time of the importation ..... . in my judgment, this contention of mr. roy choudhury, has sufficient force in it. it is true that in view of the definition of 'india' as given in section 2(27) of the customs act, importation takes place as soon as the goods enter the indian territorial waters, but though the importation is complete at' that point of time, the imported goods in view ..... in the month of january, 1980 either actually or under the deeming provision of the proviso to section 15(1) of the customs act.24. the above contention was sought to be supported by the bombay decisions and particularly by the decision in all india medical corporation v. a, r. almeida, 1981 elt 929 (bom), where contrary to the full bench decision of .....

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Sep 09 1986 (HC)

Commissioner of Income-tax Vs. A. Tosh and Sons (P.) Ltd.

Court : Kolkata

Decided on : Sep-09-1986

Reported in : (1987)59CTR(Cal)272,[1987]166ITR867(Cal)

..... ) murlidhar himatsingka v. cit : [1966]62itr323(sc) . this was another case of a sub-partnership. the supreme court held that a sub-partner had definite and enforceable rights to claim a share in profits accrued to or received by a partner in the main partnership. the sub-partnership created a superior title and ..... the benefit of the foreign buyers and not to the assessee. in support of his contentions, learned advocate drew our attention to the relevant sections of the indian trusts act, 1882, and contended that a trustee or a person in the position of a trustee would be bound to make over not only the ..... thereafter. the assessee was required to sell the products of the distillery to the government at a price to be fixed by the latter and also the medical products at stipulated prices. the government, it was agreed, was further entitled to 20% of the annual net profits of the assessee subject to a maximum ..... a liability accrued on the assessee to repay the refunds collected to its principals and the same could not be included in its income. 21. on question no. 2, the following decisions were cited on behalf of the assessee.(a) brown v. irc [1965] 57 itr 729. in this case, the taxpayer was a ..... hearing without any objection from the revenue and the same have been considered by us. the copies produced have been directed to be kept on the record.2. the agreement with the united arab republic was entered into by the assessee on april 19, 1971. in the said agreement, it was recorded that .....

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Jul 11 1986 (HC)

Buddhadeb Dutta Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Jul-11-1986

Reported in : (1986)57CTR(Cal)49,[1987]166ITR428(Cal)

..... , the levy of penalty was valid '11. this question has come up in income-tax reference no. 49 of 1982.12. on an application of the assessee under section 256(2) of the income-tax act, 1961, the tribunal was also directed to refer the following questions, as questions of law arising out of its order, for the opinion of this court:' (1 ..... the assessee except one were earning. one of the brothers was a businessman, another was a service holder, the third one was an advocate and the fourth one was a medical practitioner. the assessee and another brother were students at that time. on the basis of the aforesaid, the learned advocate submitted that these materials were on record and were available ..... applicable to the facts of the assessee's case. it was held that the assessee had failed to discharge the burden cast on him under the explanation to section 271 and that the revenue had proved whatever was necessary in order to attract the ..... the act.9. the tribunal held that the income-tax officer had duly required the assessee to show cause in the penalty proceedings but the assessee did not file any explanation before the income-tax officer and, therefore, the income-tax officer had to depend on the facts available on record. the tribunal held further that the explanation to section 271 was definitely .....

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May 13 1986 (HC)

Ashit Mukherjee Vs. Smt. Susmita Mukherjee (Nee Roy) and anr.

Court : Kolkata

Decided on : May-13-1986

Reported in : AIR1987Cal153,90CWN1060

..... with the provisions of law, but in breach thereof.6. it is true that the wife in her application for pendente lite maintenance has stated that the husband 'is a medical practitioner and has got a lucrative practice and earns at least rs. 8,000/- per month' and that he also 'owns a fairly big house at calcutta' which fetches and ..... be said that the trial has not been according to law'. in patiala bus pvt. ltd., : air1974sc1174 , when it was urged before the supreme court that since section 47 of the motor vehicles act requires that the regional transport authority, in considering an application for stage carriage permit, shall have regard to certain matters, the authority must take them into consideration and ..... , wherever possible, and should be interfered with only when the law irresistibly warrants intervention.2. under section 28 of the hindu marriage act, as it stood before the amendment act of 1976, there was a view that such an order was appealable thereunder, though a contrary view was also maintained. but section 28, as it now stands after the 1976. amendment, makes it abundantly clear ..... madras estates land act, 1908, came up for consideration in the leading case of the privy council in ryots of garabandho v. zamindar of parlakimedi, air 1943 pc 164. the view taken by the majority of the collective board of revenue in that case was that 'the requirement 'have regard to' the provisions in question has no more definite and technical meaning .....

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May 02 1986 (HC)

Assistant Collector of Customs for Exports, Calcutta and ors. Vs. Hoar ...

Court : Kolkata

Decided on : May-02-1986

Reported in : AIR1987Cal181,1986(10)ECC220,1987(11)LC193(Calcutta),1986(25)ELT516(Cal)

..... in issuing the said impugned notification the learned advocate for the appellant drew our attention to section 3(8) of the general clauses act 1897 the material part whereof is as follows :'3. definitions -- in this act, and in all general acts and regulations made after the commencement of this act, unless there isanything repugnant in the subject or context,-- (8) 'central government' shall - (b) in ..... . this decision does not appear to be of any particular relevance to the instant case. 23. learned advocate also cited smith v. hughes reported in (1960) 2 all er 859. section 1 of the street offences act of 1959 of england laid down that it would be an offence for a common prostitute to loiter or solicit in a street or public place ..... have effect in respect of such prohibition. learned advocate drew our attention to section 11 of the customs act, 1962 the relevant portion of which reads as follows : --'(1) if the central government is satisfied that it is necessary so to do for any of the purposes specified in sub-section (2), it may, by notification in the official gazette, prohibit either absolutely or ..... the case of orders and other instruments inserted, namely, relating to the office of the chief controller of imports & exports, by the chief controller of imports & exports, this is rule 2(ii) (aa) of the authentication rules of 1958, as amended. therefore, it is clear that the chief controller of imports and exports has been authorised to authenticate orders passed in the .....

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May 02 1986 (HC)

Smt. Katya Bala Dasi and anr. Vs. Nilmoni Pakhira and ors.

Court : Kolkata

Decided on : May-02-1986

Reported in : AIR1987Cal248

..... against other interested members.30. sub-section (4) of section 44 of the west bengal estates acquisition act, 19-53 postulates that every entry in the record of rights finally published under sub-section (2), including an entry revised under sub-section (2a), made under section 42a or corrected under section 45a shall, subject to any modification ..... conferred the finality and suits in respect of such disputes shall either be not maintainable or in cases of pending proceedings those shall abate. sub-section (2)(a) makes a similar provision in respect of any suit if it relates to alteration of any entry made in the record of rights finally ..... on merits. to this, mr. roy chowdhury pointed out that as would appear from the pleadings, that the parties went to the trial with the definite knowledge of each others case so there would not be any occasion for a remand as claimed by mr. banerjee and that too in the facts ..... styled then the suit will not be barred and the civil court will have jurisdiction to proceed with the suit in spite of section 57b(2) of the act. the legislature has powers to take away the jurisdiction of civil courts in respect of any matter coming within the mischief of ..... and exclusion and ouster following thereon forthe statutory period. there can be no question of ouster, if there is participation in the profits to any degree. it should be remembered thatin the connected suit before the concerned appeal before the supreme court, the suit was one for partition and the facts .....

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